Carfind (Pty) Ltd's "Terms and Conditions", "Terms of Usage" and "Privacy" Policies

1. Definitions
   • “Carfind.co.za” means Carfind (Pty) Ltd a company duly registered in terms of the laws of South Africa and any of its affiliated companies.
   • “Personal information as prescribed in legislation” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:
     • information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
     • information relating to the education or the medical, financial, criminal or employment history of the person;
     • any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
     • the biometric information of the person;
     • the personal opinions, views or preferences of the person;
     • correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
     • the views or opinions of another individual about the person; and
     • the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
   • “Services” means all of Carfind.co.za’s services offered through the use of this website, including but not limited to:
     • Searching for a vehicle;
     • Providing of a platform to sell a vehicle;
     • Being placed in contact with a seller of a vehicle by providing personal information of the prospective purchaser to the prospective seller;
     • Advertising;
     • Providing a platform for an individual or entity to provide its/his/her personal information to relevant Third Parties, such as Financial Institutions and the like
   • “Us” and/or “Our” and/or “We” means Carfind.co.za.
   • “Vehicle” means any item that is either powered or non-powered included but not limited to motor vehicle, bike, bakkie, caravan and camping trailers, trailers (commercial and non-commercial), commercial vehicle, boats or vessels and any other such products.
   • “You” and/or “Your” means the user of this website.
   • “Relevant Third Parties” includes but is not limited to Motor Importers/Manufacturers, Motor Dealerships, Financial Institutions, Private Sellers and any other such third party that may be represented within our service offerings.
2. Personal information and privacy
   1. Introduction
      1. This privacy policy explains how we process the personal information we collect from you and also informs you of all your rights as contained and in terms of the Protection of Personal Information Act 4 of 2013 (hereinafter “POPIA”). You have the right to be notified that your personal information is being collected, which is why it is important that we bring this privacy statement to your attention.
      2. If you use any of our services, you agree that we may process your personal information as explained and set out under this privacy policy. In the relevant agreement or terms and conditions pertaining to those specific services, you may also provide us with your consent to process personal information and agree that we may process it for the purposes as described in such agreement or terms and conditions, which will be in addition to these purposes described in this privacy policy.
      3. Carfind.co.za respects your privacy and is committed to protecting all personal information provided to it by the users of this website. By entering any personal information onto this website you confirm that the personal details are your own. In the event that the personal information provided to us is not your own or is inaccurate, Carfind.co.za will not be liable for the processing of any such incorrect personal information.
      4. Carfind.co.za will never release your personal information to a non-relevant third party. In all cases, the only personal information we will ever disclose to Third Parties are your details as determined by you in any form of contact that you have made with us through our services and that we have deemed relevant for us to supply you with our services.
   2. Responsible Party
      1. The entity in Carfind.co.za that collects personal information from you or that determine the purpose for the processing of your personal information, which will be alone or in conjunction with others, will be the responsible party for your personal information. We are responsible that your personal information is processed in compliance with all the conditions for lawful processing of such personal information as prescribed in POPIA,
      2. Should you have any questions or wish to complain about the processing of your personal information or wish to exercise nay of your rights as a data subject, you can contact the Carfind.co.za Information Officer at contact@carfind.co.za.
   3. Personal information collected
      1. We “process” your personal information if we collect, store, use, make available, update, destroy, disclose or otherwise deal with your personal information.
      2. Depending on the type of services you use with us or the business relationship you have with us, we may collect and process the following types of information: Name; Race; Nationality, Age; Language preference; Date of birth; Identifying numbers such as identity or passport number, tax identification number or tax reference number; Email address; Telephone number and physical address.
      3. We will only process other special personal information if we obtain your consent or have another valid justification to do so.
   4. Our Purpose for collecting personal information
      1. By utilising the services provided through this website and entering your personal information on to the website you consent to Carfind.co.za distributing your personal information for the purpose of bringing a prospective seller and a prospective purchaser in contact with each other and you further consent to Carfind.co.za analysing all data collected through our services for research purposes.
      2. Carfind.co.za stores and protects all information that is collected from the use of our services.
   5. How do we collect your personal information?
      1. We collect personal information directly from the data subject. We will not collect your personal information without your consent, expect to the extent it is required or permitted by law. We collect most of our personal information we process directly from the data subject or an authorised representative of the data subject.
   6. Who receives your personal information?
      1. The services we provide is of such a nature that it is necessary for us to share or transfer that personal information provided to us to relevant third parties in order to perform our services to clients. This may be implicit in the service or because you requested us to transfer the personal information to the relevant third party. We may disclose your personal information to relevant third parties for reasons set out in this privacy policy or where it is not unlawful to do so.
   7. Marketing
      1. Carfind.co.za respects your right to be able to remove your name from any Carfind.co.za mailing/newsletter list. This can be done at any time through the functionality supplied via our services and should you not wish to form part of the Carfind.co.za mailing/newsletter list you should inform us accordingly.
      2. Carfind.co.za reserves the right to email you with any form of relevant information, should you have made use of any of our services.
      3. Carfind.co.za does not, and will not, trade "email address lists" or "email address databases".
   8. Your Rights As a Data Subject
      1. You have the right to have your personal information processed in accordance with the conditions for the lawful processing of personal information as prescribed in terms of POPIA. You further have the rights as set out below that we must make you aware of.
      2. Rights of access
      2. In terms of section 23 of POPIA you are entitled to request us to:
         1. Confirm, free of charge, whether or not we are in possession/hold personal information about you;
         2. Provide a record or a description of the personal information we hold, including information about the identity of all relevant third parties or categories of relevant third parties who have, or have had access to your personal information.
      3. For us to process this request, you will have to provide us with adequate proof of identity before we respond to such request. If a record is requested, we will respond within a reasonable time. Note that we may charge you a fee under applicable law for providing copies of records to you.
      4. Right to request correction or deletion
      4. You may request us, in term of section 24 of POPIA, to correct or delete personal information in our possession or under our control that is irrelevant, inaccurate, out of date, excessive, incomplete, misleading or obtained unlawfully. You may further request that we destroy or delete a record of personal information about you that we are no longer authorised to retain.
      5. Upon such request, we will as soon as reasonably practical correct, destroy or delete such personal information unless we are required, entitled or obligated under applicable laws to keep the personal information and inform you that we have done so.
      6. If we are of the opinion and belief that the information does not require correction, we will provide you with credible evidence in support thereof.
      7. Right to object to processing
      7. Where we process your information to protect your legitimate interests or to pursue the legitimate interest of a relevant third party to whom the information is supplied or our own legitimate interest, you have the right to object at any time to the processing of your personal information for these purposes, on reasonable grounds relating to your situation, unless applicable law provides for such processing
      8. You may also object at any time to the processing of your personal information for purposes of direct marketing or the receipt of direct marketing through unsolicited electronic communication.
   9. Duration Of Retention Of Your Personal Information
      1. We generally only keep your personal information on our records for as long as we need it to provide you with services and to meet legal requirements related to record keeping.
      2. All personal information provided to Carfind.co.za will not be retained any longer than is necessary for achieving the purpose for which the information was collected or subsequently processed and Carfind.co.za will thereafter delete all records of the personal information.
      3. We will further, in addition to paragraph 2.9.2, keep your personal information for as long as:
         1. A contract we have with you requires us to keep it;
         2. The law requires us to keep it;
         3. You have consented to us keeping it;
         4. We reasonably require it to achieve the purpose set out in our contract with you or this policy;
         5. We require it for our lawful business purposes.
   10. Security Breaches
       1. In the event of any security comprise where your personal information has been accessed or acquired by an unauthorised person, we will notify you directly as soon as possible as provided for in POPIA.
   11. The Information Regulator
       1. You may complain to the information regulator. Any person may submit a complaint to the information regulator in the prescribed manned and from alleging any interference with the protection of personal information of a data subject. A data subject may also submit a complaint in respect of a determination of an adjudicator
       2. The address of the Information Regulator is as follows:
          The Information Regulator (South Africa)
          JD House
          27 Stiemens Street
          Braamfontein
          Johannesburg, 2001
          P.O Boox 31533
          Braamfontein
          Johannesburg, 2017
          
          Complaints email: complaints.IR@justice.gov.za
          General enquiries email: inforeg@justice.gov.za