Privacy Policy

We Buy Cars (Pty) Ltd (“WeBuyCars”)

Introduction

For purposes of this Statement:
- “Applicable Laws” means all laws and regulations that WeBuyCars is required to comply with.
- "Client" or “you” means any prospective, new or existing client of WeBuyCars and its subsidiaries.
- "WeBuyCars" or “we” or "us" means We Buy Cars (Pty) Ltd and its direct and indirect subsidiaries.
This statement sets out how your personal information will be used by WeBuyCars and applies to any information, including personal and special personal information, you give to WeBuyCars or which WeBuyCars may collect from third parties.
It is important that you read this statement carefully before submitting any personal information to WeBuyCars.
By submitting any personal information to WeBuyCars you provide consent to the processing of your personal information as set out in this statement.
The provisions of this statement are subject to mandatory, unalterable provisions of Applicable Laws.
Please do not submit any personal information to WeBuyCars if you do not agree to any of the provisions of this statement. If you do not consent to the provisions of this statement, or parts of the statement, WeBuyCars may not be able to provide its products and services to you.

How to contact us

If you have any comments or questions about this statement please contact the WeBuyCars Information Officer, Chris Rein at [email protected].

Amendment of this Statement

We may amend this statement from time to time for any of the following reasons:
- To provide for the introduction of new systems, methods of operation, services, products or facilities.
- To comply with changes to any legal or regulatory requirements.
- To ensure that our statement is clearer and/ or more favourable to you.
- To rectify any mistake that may be discovered from time to time.
- For any other reason which WeBuyCars, in its sole discretion, may deem reasonable or necessary.
Any such amendment will come into effect and become part of any agreement you have with WeBuyCars when notice is given to you of the change by publication on our website. It is your responsibility to check the website often.

Privacy and Indemnity

WeBuyCars takes your privacy and the protection of your personal information very seriously, and we will only use your personal information in accordance with this statement and the applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all passwords and access codes are kept secure).
We have implemented reasonable technical and operational measures to keep your personal information secure.
You hereby indemnify and hold WeBuyCars harmless from any loss, damages or injury that you may incur as a result of any unintentional disclosures of your personal information to unauthorised persons or the provision of incorrect or incomplete personal information to WeBuyCars.

Information which we may collect about you

We may collect the following information about you:
- This information may include your name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, your income tax number, your VAT registration number and financial information.
- Records of correspondence or enquiries from you or anyone acting on your behalf.
- Details of transactions you carry out with us including but not limited to contracts of sale and purchase agreements you enter into with us.
- Your credit history, where you have applied for credit or where we have agreed to arrange credit for you.
- Details as reflected in your motor vehicle service record booklet.
- Sensitive or special categories of personal information, including biometric information, such as images, fingerprints and voiceprints.
- Information about your drivers licence, including a copy of such licence.
We may require you to provide additional personal information, in order for us to meet our legal or regulatory obligations.
Where you provide us with the personal information of third parties you should take steps to inform the third party that you need to disclose their details to us, identifying us. We will process their personal information in accordance with this statement.

How we collect information

You may provide personal information to us either directly or indirectly (through an agent acting on your behalf), by completing an application from, or requesting further information about our vehicles, services and/or offerings, whether in writing, through our websites, over the telephone, CCTV cameras, digital recordings or any other means.
We may also collect your personal information from your appointed agent, any regulator, or other third party that may hold such information.
We may also collect your personal information from your appointed agent, any regulator, or other third party that may hold such information.
In instances where you have applied for credit or where we have agreed to arrange credit for you, we may conduct searches at credit bureaus. Details of our searches will be kept by the credit bureau and will be available to other businesses that conduct searches with that credit bureau for the purposes of meeting our regulatory obligations, credit assessments, debt recovery, prevention of money laundering and fraud and statistical analysis.
Where a fine, penalty, cost or other charge arises from a traffic violation and/or any breach of applicable laws involving a vehicle, which occurs while you test drive the vehicle or after taking delivery of the vehicle, we may collect information relating to such traffic violation or breach of applicable law or such fine, penalty cost or other charge.

Use of information collected

We may use, transfer and disclose your personal information for the purposes of:

Providing you with the vehicle, ancillary services, or finance and insurance offerings you have requested, and notifying you about important changes to these.
Managing your contractual arrangement or relationship with us or a credit provider or financial services provider and complying with your instructions or requests.
Detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention.
Assessing and dealing with complaints and requests.
Operational, marketing, auditing, statistical, legal and record keeping requirements.
Conducting sanctions and politically exposed person screening against any relevant list which WeBuyCars may in its sole discretion determine.
Verifying your identity.
Taking credit decisions where you have applied for credit or where we have agreed to arrange credit for you.
Requesting your consumer credit reports or those of any other security provider from one or more credit reporting agency in connection with any agreement between you and WeBuyCars and you direct us to do so, where applicable.
Transmitting to a registered credit bureau any information concerning your application for credit, our agreement with you, termination and non-compliance with the terms thereof.
Transferring your personal information outside of the Republic of South Africa, including to such countries that may not offer the same level of data protection as the Republic of South Africa, including for cloud storage purposes and the use of any of our websites.
Complying with applicable laws, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies.
Recording and/or monitoring your telephone calls and electronic communications to/with WeBuyCars in order to keep record thereof, to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention.
Conducting market research.
Where you have unsubscribed from certain direct marketing communications, for the purposes of ensuring that we do not send such direct marketing to you again.
To disclose your personal information to third parties for reasons set out in this policy or where it is not unlawful to do so.
Conducting market research and providing you with information about WeBuyCars’ products or services from time to time via email, telephone or other means (for example, events).
Monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from WeBuyCars or any of its employees, agents or contractors, including monitoring, recording and using as evidence all telephone communications between you and WeBuyCars.
Improving or evaluating the effectiveness of WeBuyCars’ business or products, services or offerings.
Verifying the ownership of the vehicle.
Verifying the service history / validity of the vehicle’s warranty.
Prevention and control of any disease.
Registering a vehicle in your name at the traffic department.
Holding you liable and responsible for the payment of all fines, penalties, costs or other charges arising from traffic violations and/or any breach of applicable laws involving the vehicle, which occur while you test drive the vehicle or after you have taken delivery of the vehicle.

We may from time to time (and at any time) contact you about services, products and offerings available from WeBuyCars or specific subsidiaries which we believe may be of interest to you, by email, phone, text or other electronic means, unless you have unsubscribed from receiving such communications. You can unsubscribe from receiving such communications by sending an email to [email protected].

Disclosure of your information

Your personal information may be shared with WeBuyCars’ subsidiaries, our agents and sub-contractors, selected third parties who process the information on our behalf and regulators.
We may also disclose your personal information to third parties in the following circumstances:

To arrange roadworthy certificates, vehicle maintenance, improvements or repairs, towing of your vehicle, collection of your vehicle, credit and the like.
To determine which vehicles, services and offerings may be of interest to you and/or to send you information about these, unless you object or choose not to receive such communications.
To assist credit providers to make decisions regarding the extension of vehicle finance to you.
To have a better understanding of your circumstances and needs to provide and improve our vehicles, services and offerings.
To prevent, detect and report fraud and criminal activities, and to identify the proceeds of unlawful activities.
To verify the ownership of the vehicle.
To verify the service history / validity of the vehicle’s warranty.
To comply with requests from third parties, including regulators, including those in foreign jurisdictions, if WeBuyCars is required to do so in terms of applicable laws; or to protect the rights, property or safety of WeBuyCars, its clients or other third parties.
To assess and monitor any of your applications for WeBuyCars’ products or services.
To determine which products and services may be of interest to you and/or to send you information about such products and services, unless you object or choose not to receive such communications.
To gain a better understanding of your circumstances and needs to provide and improve the WeBuyCars’ products and services.
To any relevant person and/or entity for purposes of prevention, detection and reporting of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combatting of crime.
To any regulator or supervisory authority, including those in foreign jurisdictions, if WeBuyCars is required to do so in terms of applicable laws.
To a prospective buyer or seller of any of our businesses or assets.
To any person if we are under a duty to disclose or share your personal information in order to comply with any applicable laws, or to protect the rights, property or safety of WeBuyCars, other clients or other third parties.
To your agent or any other person acting on your behalf, and or an introducer.

You agree that we (or our representatives) may disclose or share your information with third parties, including regulators, for the purpose of redirecting any traffic infringement notices, fines or warrants relating to traffic violations or offences which occurred while you test drove the vehicle or after you have taken delivery of the vehicle.

We may transfer your information to another of WeBuyCars’ legal entities, an agent, sub-contractor or third party who carries on business in another country, including one which may not have data privacy laws similar to those of the Republic of South Africa. If this happens, we will ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it.

If you do not wish us to disclose this information to third parties, please contact us at the contact details set out above. We may, however, not be able to provide products or services to you if such disclosure is necessary.

Retention of your information

We may retain your personal information indefinitely, unless you object, in which case we will only retain it if we are permitted or required to do so in terms of applicable laws. However, as a general rule, we will retain your information in accordance with retention periods set out in applicable laws, unless we need to retain it for longer for a lawful purpose. (For example, for the purposes of complaints handling, legal processes and proceedings.)

Access to, correction and deletion of your personal information

You may request details of personal information which we hold about you under the Promotion of Access to Information Act, 2000 (“PAIA”). Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by WeBuyCars, please review our PAIA Manual.
You may request the correction of personal information WeBuyCars holds about you. Please ensure that the information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, WeBuyCars may limit the products and services offered to you or elect not to open on account for you.
You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restriction on the processing of personal information held about you. If you wish to exercise this right, please contact us using the contact details set out above.
You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out in order to protect our legitimate interests or your legitimate interests, unless the law provides for such processing.

Laws that require or authorise us to process personal information.

Please refer to our PAIA Manual.

Voluntary provision of personal information

Personal information is usually voluntarily provided to WeBuyCars, but we may not be able to deal with you if you are unwilling to provide personal information reasonable requested by us.

Transborder transfers of personal information

You agree and consent that we may transfer your personal information to third parties in other countries, which may include countries which do have data protection laws similar to those of South Africa, including for cloud storage purposes.

Complaints

Should you believe that WeBuyCars has utilised your personal information contrary to applicable laws, you undertake to first attempt to resolve any concerns with WeBuyCars. You can email your concerns to our Information Officer at [email protected].
If you are not satisfied with the manner in which your concern was handled by WeBuyCars, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below:

Tel: 012 406 4818
Fax: 086 500 3351
Email: [email protected]