NOTIFICATION OF HOW WE PROCESS PERSONAL
INFORMATION IN TERMS OF SECTION 18 OF THE
PROTECTION OF PERSONAL INFORMATION ACT, 4 OF 2013
MotorHappy is a licenced Financial Services Provider and develops and distributes various vehicle related financial products and services through importers and distributors, dealers, vehicle finance houses, call centres, and digital channels. Our registered office is situated at 144 Boeing Road East, Elma Park, Edenvale, 1609.
We collect personal information to administer the product and to comply with our statutory obligations as a licenced Financial Services Provider and an Accountable Institution interms of the Financial Intelligence Centre Act (FICA).
- ‘‘data subject’’ means the person to whom personal information relates;
- ‘‘Operator’’ means a person who processes personal information for a Responsible Party in terms of a contract or mandate, without coming under the direct authority of that party;
- ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—
- (a) 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;
- (b) information relating to the education or the medical, financial, criminal or employment history of the person;
- (c) any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;
- (d) the blood type or any other biometric information of the person;
- (e) the personal opinions, views or preferences of the person
- (f) 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;
- (g) the views or opinions of another individual about the person; and
- (h) 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;
- ‘‘processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including—
- (a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
- (b) dissemination by means of transmission, distribution or making available in any other form; or
- (c) merging, linking, as well as blocking, degradation, erasure or destruction of information;
‘‘Responsible Party’’ means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information;
Method of Collection of Personal Information:
We receive your personal information from our trusted dealer partners or we collect your personal information from you when you make use of our websites, social media and digital platforms or make an inbound call to our call centre. To comply with our obligations under FICA and the Financial Advisory and Intermediary Services Act (FAIS) and the Financial Sector Regulation Act (FSR), we may collect data from third parties to validate the information that you have provided to us. This information is collected via trusted partners who in-turn source personal information from a variety of sources including but not limited to the Home Affairs National Identification System, Google Earth, and the Companies and Intellectual Property Commission.
Supply of Personal Information to Us
In terms of FICA and FAIS, it is mandatory for you to supply to us certain information, such as your “FICA KYC” details that includes your identity details, contact details and vehicle details.
All other information is voluntarily provided by you to enable the conclusion of the contract governing our relationship and the supply of products or services requested by you.
Consequences of Failure to provide information to us
Mandatory information as set out above is required in order to comply with legislative requirements and failure to do so will result in us being unable to conclude any transaction or offer services.
If requested voluntary information is not supplied, we or our third party suppliers and business partners may not be able to offer certain services to you and we or our partners may not be able to conclude transactions for additional products or services.
Lawful Basis for Processing:
We will only process your personal information in circumstances where we have a lawful basis for doing so where we are the Responsible Party or in compliance with our contractual requirements where we are the Operator.
Purposes for Processing Data:
Our main function and activity is the provision of diverse financial services related to motor vehicles and appropriate value-added services and products required by customers.
Your personal information is used to administer the product that you purchased, to communicate with you and assist you in obtaining appropriate value-added products from the time of procurement and through the duration of the use of the vehicle. These communications assist us in continually enhancing the financial services that we offer to customers.
Disclosure of Personal Information to Third Parties:
MotorHappy may disclose or transfer your personal information to our suppliers and business partners for the purposes of providing our services, ensuring secure processing of your personal information, responding to, resolving, and contacting you with regard to your inquiries, responding to your requests for information related to our products and services, ensuring safe use of the systems and improving user experience. When disclosing your personal information, MotorHappy meets the requirements set out in the Act and takes technical and administrative measures to protect the security of your data.
We may engage external service providers as Operators that support our business operations. These service providers process data only as instructed by us, under our control and solely for the purposes mentioned in this notification.
Retention of your personal information:
Your personal information is retained by us for as long as you have an active product offered by us, or where the law requires us to retain your information.
Data processing outside the Republic of South Africa:
Since MotorHappy is located in South Africa, your personal information will be processed in South Africa and we do not process personal information outside of South Africa.
We apply generally accepted information security practices to protect your personal information. Where we share your personal information with a third party, we conclude written contracts with the third party requiring them to implement and maintain the security measures necessary to protect the information.
- Subject to applicable laws and regulations, you own your personal information. You may exercise a number of rights, including the right;
- a) to be informed whether your personal information is being processed;
- b) to request details of how we process your personal information;
- c) to request access to copies of your personal information retained by us;
- d) to be informed of the purpose of processing of your personal information;
- e) to be informed of the justification that is relied on by us to process your personal information;
- f) to be informed about any third parties your personal information was disclosed to (locally or internationally);
- g) to request the correction of inaccuracies in the records containing your personal information and, if applicable, completion of your data;
- h) to object to the processing of your personal information;
- i) to request the destruction or deletion of your personal information;
- j) to request that any third parties that have records containing your personal information provided by us to them are notified and required to correct, complete, destroy or delete your personal information;
- k) to lodge complaints regarding any adverse outcomes that may result from the analysis of your personal information by automated systems;
- l) to seek damages should you sustain any harm as a result of the unlawful processing of your personal information;
- m) to withdraw your consent to the processing of your personal information after the date of withdrawal (any processing up to that date will remain lawful);
- n) to request a restriction of the processing of your personal information if you dispute the correctness of your personal information, or if the processing is unlawful, but you do not wish to have your personal information deleted;
- o) to receive the personal information in our possession in a structured, standardised machine-readable format and to have this information provided to third parties;
- p) to raise a complaint to the Information Regulator (complaints.IR@justice.gov.za) or any other approved competent authority if you are of the opinion that the processing of your personal information by us is unlawful.
To contact MotorHappy for any complaint or query with regards to this notice or your rights, please contact us at email@example.com