SAMAR – Privacy Policy

June 2021 | Version 1.1

Introduction

Welcome to our privacy policy. We are SAMAR (Pty) Ltd (Registration number 2015/251568/07) and this is our plan of action when it comes to protecting your privacy (including the privacy of your data subjects). We respect your privacy and take the protection of personal data very seriously. The purpose of this policy is to describe the way that we collect, store, use, and protect data that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (personal data). You must read this policy together with our Terms of Use.

Audience

This policy applies to you if you are:

• a visitor to our website, which allows access to the Southern African Movable Asset Register (SAMAR); or

• a customer who has ordered or requested the goods or services that we provide as part of SAMAR.

Personal data

Personal data includes:

• certain data that we collect automatically when you visit our website;

• certain data collected on registration (see below);

• certain data collected on submission; and

• optional data that you provide to us voluntarily (see below);

but excludes:

• data that has been made anonymous so that it does not identify a specific person;

• permanently de-identified data that does not relate or cannot be traced back to you specifically;

• non-personal statistical data collected and compiled by us; and

• data that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the data has been disclosed in a public forum, it is no longer confidential and does not constitute personal data subject to protection under this policy).

Common examples

Common examples of the types of personal data which we may collect and process include your:

identifying data – such as your name, date of birth, registration documents, or identification number of any kind, including any unique identifier we assign to you to enable your use of SAMAR;

contact data – such as your phone number or email address;

address data – such as your physical or postal address; or

demographic data – such as your gender or marital status.

Sensitive personal data

Depending on the goods or services that you require, we may also collect sensitive personal data including your financial data – such as your bank account details;

Acceptance

Acceptance required

You must accept all the terms of this policy when you use our website and when you order our goods or request our services. If you do not agree with anything in this policy, then you may not order our goods or request our services or use our website.

Legal capacity

You may not access our website or order our goods or request our services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.

Deemed acceptance

By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.

Your obligations

You may only send us your own personal data or the data of another data subject where you have their permission to do so or their data is necessary for properly accessing and using SAMAR. You must ensure that any permission you obtain from a data subject to process their data is in written form, using clear and easily understandable language.

You must not use any data that you access while using SAMAR or that data subjects provide you in connection with SAMAR, to solicit or generate any business unless you have the written permission of the data subject to whom the data relates.

Changes

We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website and our goods or services. If you continue to use the website or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.

Collection

On registration

Once you register on our website, you and any data subject whose personal data you send us will no longer be anonymous to us. You will provide us with certain personal data when you register on our website.

This personal data will include:

• your name and surname;

• your email address;

• your telephone number;

• your company name, company registration number, and VAT number;

• your postal address or street address;

• your username and password;

• your right, title and interest in a vehicle in SAMAR; and

• the serial or vehicle identification number of a vehicle in SAMAR.

We will use this personal data to fulfil your account, provide additional services and data to you as we reasonably think appropriate, and for any other purposes set out in this policy.

On order or request

When you order our goods or request our services from us, you will be asked to provide us with additional data on a voluntary basis (goods or services data).

From browser

We automatically receive and record Internet usage data on our server logs from your browser, such as your Internet Protocol address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (usage data). Please note that other websites visited before entering our website might place personal data within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL data may log some personal data.

Third party cookies

Some of our business partners use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any of those cookies or widgets is governed by the privacy policy of the company that created it, and not by us.

Web beacons

Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal data. We merely use them to compile anonymous data about our website.

Optional details

You may also provide additional data to us on a voluntary basis (optional data). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.

Recording calls

We may monitor and record any telephone calls that you make to us, unless you specifically request us not to.

Purpose for collection

We may use or process any goods or services data, or optional data that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal data, disclosing it, and combining it with other personal data. We generally collect and process your personal data for various purposes, including:

goods or services purposes – such as collecting orders or requests for and providing our goods or services;

marketing purposes – such as pursuing lawful related marketing activities;

business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and

legal purposes – such as handling claims, complying with regulations, or pursuing good governance.

We may use your usage data for the purposes described above and to:

• remember your data so that you will not have to re-enter it during your visit or the next time you access the website;

• monitor website usage metrics such as total number of visitors and pages accessed; and

• track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.

Consent to collection

We will obtain your consent to collect personal data:

• in accordance with applicable law;

• when you provide us with any registration data or optional data.

Use

Our obligations

We may use your personal data to fulfil our obligations to you.

Messages and updates

We may send administrative messages and email updates to you about the website. We may wish to provide you with data about new goods or services in which we think you may be interested. This means that in some cases, we may also send you primarily promotional messages. We will not send you promotional messages unless you have chosen to opt-into them. But, we may send you one message asking you to opt-into promotional messages without you having opted-into promotional messages.

Targeted content

While you are logged into the website, we may display targeted adverts and other relevant data based on your personal data. In a completely automated process, computers process the personal data and match it to adverts or related data. We never share personal data with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal data. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal data to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal data.

Disclosure

Sharing

We may share your personal data with:

• other users of SAMAR;

• other divisions or companies within the group of companies to which we belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this data to send you marketing communications if you have requested their goods or services);

• an affiliate, in which case we will seek to require the affiliates to honour this privacy policy;

• our goods or services providers under contract who help provide certain goods or services or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods or services providers only use your data in connection with the goods or services they supply or services they perform for us and not for their own benefit);

• credit bureaus to report account data, as permitted by law;

• banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria); and

• other third parties who provide us with relevant services where appropriate.

Regulators

We may disclose your personal data as required by law or governmental audit.

Law enforcement

We may disclose personal data if required:

• by a subpoena or court order;

• to comply with any law;

• to protect the safety of any individual or the general public; and

• to prevent violation of our customer relationship terms.

No selling

We will not sell personal data. No personal data will be disclosed to anyone except as provided in this privacy policy.

Marketing purposes

We may disclose aggregate statistics (data about the customer population in general terms) about the personal data to advertisers or business partners.

Employees

We may need to disclose personal data to our employees that require the personal data to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, data technology, or other personnel.

Change of ownership

If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal data we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal data migrating to a new owner, you may request us to delete your personal data.

Security

We take the security of personal data very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal data only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.

Accurate and up to date

We will try to keep the personal data we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal data on the website. You are able to review or update any personal data that we hold on you by accessing your account online, emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal data, we take steps to verify your identity before granting you access to your account or making any corrections to your personal data.

Retention

We will only retain your personal data for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:

• retention of the record is required or authorised by law; or

• you have consented to the retention of the record.

During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal data.

We may retain your personal data in physical or electronic records at our discretion.

Transfer to another country

We will not transfer any personal data across a country border without your prior written consent. OR We may transmit or transfer personal data outside of the country in which it was collected to a foreign country and process it in that country. Personal data may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal data may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal data in a foreign country whose laws regarding processing of personal data may be less stringent.

Updating or removing

You may choose to correct or update the personal data you have submitted to us, by clicking the relevant menu in any of the pages on our website or contacting us by phone or email.

You are entitled to a right to be forgotten. We will delete any personal data that you do not want us to have, but we may still retain certain personal data as required or allowed by law, including:

• where we can show legitimate grounds for processing your personal data that override your request; or

• where we process your personal data in order to establish, exercise or defend legal claims.

If you are a data subject of one of our other users (who is the data controller), then you must submit your request to the relevant data controller who will then delete your personal data.

Limitation

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.

Enquiries

If you have any questions or concerns arising from this privacy policy or the way in which we handle personal data, please contact us.