Privacy & POPI Policies

Protection of Personal Information (“POPI”), Privacy Policy and Principles





  1. Introduction





    1. This Privacy Policy must be read in conjunction with the Master Terms and Conditions of Use of Auto Advisor (Pty) Ltd (‘’Auto Advisor’’).




    2. Auto Advisor respect users’ Privacy and will take reasonable measures to protect it, as more fully detailed below.




    3. Should a user decide to register as a Registered User on the Website, Auto Advisor may require the user to provide Auto Advisor with personal information which includes but is not limited to company names and registration numbers, name and surname, email address, physical address, gender, mobile number and date of birth.




    4. Should the Registered User’s personal information change, please inform Auto Advisor and provide Auto Advisor with the updates within 7 days to enable Auto Advisor to update the Registered User’s personal information.




    5. Registered Users may choose to provide additional personal information to Auto Advisor, in which event Registered Users agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent the Registered User’s affiliation with anyone or anything.




    6. Auto Advisor ask each of its Registered Users to abide by all applicable laws, rules and regulations, as Auto Advisor promise its Registered Users that Auto Advisor will do ourselves. Auto Advisor also recommend that each Registered User obtain all necessary consents from visitors to its website(s), post an online Privacy Policy that provides each visitor with notice of its data collection and provide a link to this Privacy Policy.






  2. Registered User's consent


     

    By using the Auto Advisor Website and providing Auto Advisor with the Registered User’s personal data, Registered Users consent to this transfer of the Registered User’s personal data. Subject to the below, Auto Advisor will not, without the Registered User’s express consent use the Registered User’s personal information for any purpose other than as set out below:





    1. Auto Advisor use that information for several purposes: to register the Registered User’s company and websites for inclusion in our Service if Registered Users so request; to fulfill the Registered User’s request; to contact Registered Users if Auto Advisor need to obtain or provide additional information; to verify the accuracy of our records; or to contact Registered Users regarding customer satisfaction surveys;




    2. in relation to the ordering, sale and delivery of Goods or Services;




    3. to contact Registered Users regarding current or new Goods or services or any other goods offered by Auto Advisor or any of its Registered Users (unless Registered Users have opted out from receiving marketing material from Auto Advisor);




    4. to inform Registered Users of new features, special offers and promotional competitions offered by Auto Advisor or any of its Registered Users (unless Registered Users have opted out from receiving marketing material from Auto Advisor);




    5. to improve our product, Services and Registered Users selection and the Registered User’s experience on our Website by, for example, monitoring the Registered User’s browsing habits, or tracking the Registered User’s sales on the Website;




    6. to provide online advertisers with third party independent statistics that help demonstrate the Website’s audience. This data may include demographics, industries, search engine referral, affiliate referrals, traffic driven by banner ads or other online promotions, how visitors navigate around the site, the most popular websites or sections;




    7. collect certain technical information, such as the browser version and operating system. Auto Advisor aggregate all of the usage data from its Registered Users’ websites into a potential benchmarking solution that demonstrates their metrics to advertisers and other interested parties;




    8. disclose the Registered User’s personal information to any third party other than as set out below:





      1. to our employees and/or third party service providers who assist Auto Advisor to interact with Registered Users via our Website, email or any other method, for the ordering of Goods or when delivering Goods between Registered Users, and thus need to know the Registered User’s personal information in order to assist Auto Advisor to communicate with Registered Users properly and efficiently;




      2. to our Registered Users (including their employees and/or third party service providers) in order for them to interact directly with Registered Users via email or any other method for purposes of sending Registered Users marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless Registered Users have opted out from receiving marketing material from Auto Advisor);




      3. to law enforcement, government officials, fraud detection agencies or other third parties when Auto Advisor believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Privacy Policy;




      4. to our service providers (under contract with Auto Advisor) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use the Registered User’s information in connection with the services they perform for Auto Advisor and not for their own benefit;




      5. to our suppliers in order for them to liaise directly with Registered Users in the event of Registered Users submitting a warranty claim regarding any Goods Registered Users have purchased which requires their involvement.






    9. From time to time Auto Advisor may also administer random “interactive pop-up” surveys to some Registered Users on their sites. These surveys request additional demographic, non-personally identifiable information. The Registered Users’ participation in a survey is always voluntary, and Registered Users therefore have a choice as to whether or not to provide the requested survey information. Auto Advisor use the information collected in the survey, in conjunction with information gathered through cookies and code, in order to provide Registered Users with an even more detailed understanding of its target market.




    10. Some voluntarily provided personally identifiable information may be captured; for example, when an email address or telephone number is incorporated into a survey for the potential awarding of a prize draw, or when the respondent has opted-in to possible follow up research. This information may be shared with entities or other Registered Users who in turn have agreed to adhere to this Privacy Policy.




    11. Auto Advisor is entitled to use or disclose the Registered User’s personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on Auto Advisor, or to protect and defend our rights or property.




    12. Auto Advisor will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to the Registered User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the Registered User’s personal information.






  3. Personal Information


     

    Auto Advisor will -





    1. treat the Registered User’s personal information as strictly confidential, save where Auto Advisor is entitled to share it as set out in this Policy;




    2. take appropriate technical and organisational measures to ensure that the Registered User’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;




    3. provide Registered Users with access to the Registered User’s personal information to view and/or update personal details;




    4. promptly notify Registered Users if Auto Advisor become aware of any unauthorised use, disclosure or processing of the Registered User’s personal information;




    5. provide Registered Users with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request;




    6. upon the Registered User’s request, promptly return or destroy any and all of the Registered User’s personal information in our possession or control, save for that which Auto Advisor are legally obliged to retain;




    7. Auto Advisor will not retain the Registered User’s personal information longer than the period for which it was originally needed, unless Auto Advisor are required by law to do so, or Registered Users consent to Auto Advisor retaining such information for a longer period;




    8. Auto Advisor undertakes never to sell or make the Registered User’s personal information available to any third party other than as provided for in this Policy, unless Auto Advisor are compelled to do so by law. In particular, in the event of a fraudulent online payment, Auto Advisor is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it;




    9. Whilst Auto Advisor will do all things reasonably necessary to protect the Registered User’s rights of Privacy, Auto Advisor cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the Registered User’s personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence;




    10. If Registered Users disclose the Registered User’s personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Auto Advisor, Auto Advisor WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because Auto Advisor does not regulate or control how that third party uses the Registered User’s personal information. The Registered User should always ensure that it reads the Privacy Policy of any third party;




    11. Retention Period. Auto Advisor will retain the Registered User’s personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law;




    12. Cross-Border Transfer for Registered Users: The personal information from Registered Users may be stored and processed in any country where Auto Advisor have facilities or where the Goods from its Registered Users originate, and by using the Website Registered Users consent to the transfer of information to countries outside of the Registered User’s country of residence, which have different data protection rules than in the Registered User’s country;




    13. Children and Privacy. The Auto Advisor Website does not offer information intended to attract children. Auto Advisor do not knowingly solicit personal information from children under the age of 14;




    14. Your right to access information. The user and Registered User have the right to request a copy of the personal information we hold about the user and/or Registered User. To do so, simply email Auto Advisor on our contact details below and send a request to review the personal information or contact us at the numbers/addresses listed below and specify what information is required. Auto Advisor will take all reasonable steps to confirm the user and/or Registered User’s identity before providing details of its personal information. Please note that any such access request may be subject to a payment of a legally allowable fee;




    15. Correction of information. The Registered User and/or user has the right to ask Auto Advisor to update, correct or delete its personal information. The Registered User and/or user may do this by contacting Auto Advisor at the numbers/addresses provided below. Auto Advisor will take all reasonable steps to confirm the of the Registered User and/or user’s identity before making changes to personal information we may hold about it.




    16. Auto Advisor’s POPI contacts. If the Registered User and/or user have questions about this Policy, believe Auto Advisor has not adhered to it, need further information about our privacy practices, wish to give or withdraw consent, exercise preferences, access or correct personal information, please contact Auto Advisor at the following numbers/addresses:





      1. Name and surname of contact person: Mr. Naidu;




      2. Email: hello@autoadvisor.co.za;




      3. Website: www.autoadvisor.co.za.








  4. Security





    1. Auto Advisor use reasonable organisational, technical and administrative measures to protect personal information under its control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.




    2. If Registered Users have reason to believe that the Registered User’s interaction with Auto Advisor is no longer secure (for example, if Registered Users feel that the security of any account Registered Users might have with Auto Advisor has been compromised), please immediately notify Auto Advisor of the problem by contacting Auto Advisor in accordance with the “Contact Us” section.






  5. Cookies





    1. This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which Auto Advisor may use) to recognise repeat Registered Users, facilitate the Registered User’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content.




    2. The type of information collected by cookies is not used to personally identify Registered Users. If Registered Users do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows Registered Users to deny or accept the cookie feature.




    3. Please note that cookies may be necessary to provide Registered Users with certain features available on our Website, and thus if Registered Users disable the cookies on the Registered User’s browser Registered Users may not be able to use those features, and the Registered User’s access to our Website will therefore be limited. If Registered Users do not disable “cookies”, Registered Users are deemed to consent to our use of any personal information collected using those cookies.






  6. Changes to the Privacy Policy





    1. Auto Advisor may, in its sole discretion, change any of the terms and conditions of this Privacy Policy at any time. It is the Registered User’s responsibility to regularly check the Privacy Policy and make sure that Registered Users are satisfied with the changes. Should a Registered User not be satisfied, Registered Users must not place any further orders on, or in any other way use, the Website.




    2. Any such change will only apply to the Registered User’s use of this Website after the change is displayed on the Website. If Registered Users use the Website after such amended Privacy Policy, Registered Users will be deemed to have accepted such changes.






  7. Electronic communications


     

    When Registered Users visit the Website or send emails to Auto Advisor, Registered Users consent to receiving communications from Auto Advisor or any of our Registered Users, electronically in accordance with our Privacy Policy.




  8. Disclaimer





    1. The use of the Website is entirely at the Registered User’s own risk and Registered Users assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.




    2. Whilst Auto Advisor takes reasonable measures to ensure that the content of the Website is accurate and complete, Auto Advisor makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Auto Advisor’s representatives, Auto Advisor will not be bound thereby.




    3. Auto Advisor disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the Registered User’s access to or use of the Website and/or any content therein unless otherwise provided by law.




    4. Although Goods sold from the Website by Registered Users may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.




    5. Any views or statements made or expressed on the Website are not necessarily the views of Auto Advisor, its directors, employees and/or agents.




    6. In addition to the disclaimers contained elsewhere on the Website or in this Privacy Policy, Auto Advisor also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the Registered User’s computer system, computer network, hardware or software in any way. The Registered Users accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or the Registered User’s hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Auto Advisor, its employees, agents or authorised representatives. Auto Advisor thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with the Registered User’s access to or use of the Website.






  9. Limitation of liability





    1. Auto Advisor cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Auto Advisor, its employees, agents or authorised representatives. Registered Users are encouraged to contact Auto Advisor to report any possible malfunctions or errors by way of email.




    2. AUTO ADVISOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.




    3. YOU HEREBY INDEMNIFY AUTO ADVISOR AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.






  10. Availability and termination





    1. Auto Advisor will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to Registered Users.




    2. Auto Advisor may in its sole discretion terminate, suspend and modify this Website, with or without notice to Registered Users. You agree that Auto Advisor will not be liable to Registered Users in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by Registered Users prior to such time, to the extent possible.




    3. If Registered Users fail to comply with the Registered User’s obligations under this Privacy Policy, including any incident involving payment of the price of an order for any Goods from other Registered Users, this may (in our sole discretion with or without notice to Registered Users) lead to a suspension and/or termination of the Registered User’s access to the Website without any prejudice to any claims for damages or otherwise that Auto Advisor or the other Registered User may have against Registered Users.




    4. Auto Advisor is entitled, for purposes of preventing suspected fraud and/or where it suspects that Registered Users are abusing the Website and/or have created multiple Registered User profiles to take advantage, to blacklist Registered Users on its database (including suspending or terminating the Registered User’s access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between Registered Users and Auto Advisor, in whole or in part, on notice to Registered Users and accepts no liability which may arise as a result of such blacklisting and/or refusal to process any order for the AUTO ADVISOR services or through a Registered User.






  11. Governing law and jurisdiction





    1. This Privacy Policy and our relationship and/or any dispute arising from or in connection with the Privacy Policy will be governed and interpreted in accordance with the laws of the Republic of South Africa.




    2. Your continued use of the Website will constitute the Registered User’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the Privacy Policy.




    3. In the event of any dispute arising between Registered Users and Auto Advisor, Registered Users hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.




    4. Nothing in this clause or the Privacy Policy limits the Registered User’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the POPI or CPA.






  12. Notices





    1. Auto Advisor hereby selects 30 Flamingo Avenue, Fourways, Johannesburg, 2191 as its address for the service of all formal notices and legal processes in connection with the Privacy Policy (“legal address”). Auto Advisor may change this address from time to time by updating the Privacy Policy.




    2. You hereby select the physical address specified with the Registered User’s invoice as the Registered User’s legal address, but Registered Users may change it to any other physical address by giving Auto Advisor not less than 7 days’ notice in writing.




    3. Notices must be sent either by hand, prepaid registered post, telefax or email. All notices sent –





      1. by hand will be deemed to have been received on the date of delivery;




      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;




      3. by telefax or email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax or email. All telefaxes or emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day.








  13. General





    1. Any failure on the part of Registered Users or Auto Advisor to enforce any right in terms hereof will not constitute a waiver of that right.




    2. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.




    3. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) will constitute a waiver by the grantor of any of the grantor’s rights and the grantor will not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.




    4. No other warranty or undertaking is valid, unless contained in this document between the parties.





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