Privacy Policy

The Protection of Personal Information Act, 2013 (“POPI”) came into complete commencement on 1 July 2021, in this regard we have a number of obligations and duties in terms of POPI that we must comply with. The protection of your personal information is a high priority for us, and we have taken steps to ensure that your personal information is protected and remains private.

In addition to this document serving as our privacy policy, this document will also serve as our data subject notification as contemplated in section 18 of POPI. In this regard, this document will inform you of what personal information we collect, why we collect it, how we use it and what safety measures are in place to protect it.

Where we refer to “process”, it means how we collect, use, store, make available, destroy, update, disclose, or otherwise deal with your personal information. As a general rule we will only process your personal information if this is required to deliver or offer a service, provide a product or carry out a transaction.

We may combine your personal information and use the combined personal information for any of the purposes stated in this Privacy Policy.

In this document any reference to “we” or “us” or “our” is reference to Durbanville Bakwerke.

If you use our services, goods and/or products, you agree that we may process your personal information as explained under this Privacy Policy.

We may change this Privacy Policy from time to time if the law or our business practices requires it.

The version of the Privacy Policy displayed on our website at the time of your interaction with us will be applicable.

What is personal information?

Personal information refers to any information that identifies you or specifically relates to you. Personal information includes, but is not limited to, the following information about you:

• Age
• Financial history
• Personal views
• Belief
• Gender
• Physical address
• Birth
• Identity number
• Physical health
• Biometric
• Language
• Pregnancy
• Colour
• Location information
• Race
• Conscience
• Marital Status
• Religion
• Correspondence
• Mental Health
• Sex
• Criminal history
• Medical History
• Sexual orientation
• Culture
• Name
• Social origin
• Disability
• National Origin
• Symbol
• Education
• Online identifier
• Telephone number
• E-mail address
• Other particular assignment
• Well being
• Employment history
• Personal opinions
• Ethnic origin
• Personal preferences

Is the supply of personal information voluntary or mandatory?

In certain circumstances, the supply of personal information is mandatory as Durbanville Bodyworks is required by law to collect and process such information in order to comply with its legal and regulatory obligations. If you do not provide the required personal information, Durbanville Bodyworks may be unable to provide services to you or fulfil its legal obligations.

Personal information may be collected and processed in accordance with applicable South African legislation, including but not limited to:

• Protection of Personal Information Act, No. 4 of 2013
• Consumer Protection Act, No. 68 of 2008
• National Road Traffic Act, No. 93 of 1996
• Occupational Health and Safety Act, No. 85 of 1993
• Income Tax Act, No. 58 of 1962
• Value-Added Tax Act, No. 89 of 1991
• Labour Relations Act, No. 66 of 1995
• Basic Conditions of Employment Act, No. 75 of 1997
• Employment Equity Act, No. 55 of 1998
• Unemployment Insurance Act, No. 63 of 2001
• Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993

In other instances, the supply of personal information is voluntary. However, certain personal information may still be necessary for Durbanville Bodyworks to provide quotations, process insurance-related repairs, communicate with customers, or deliver requested services. If such information is not provided, Durbanville Bodyworks may be unable to provide the requested services or conduct business with you.

When will we process your personal information?

We will only process your personal information for lawful purposes relating to our business if the following applies:

• if you have consented thereto.
• if a person legally authorised by you, the law, or a court, has consented thereto.
• if it is necessary to conclude or perform under a contract, we have with you.
• if the law requires or permits it.
• if it is required to protect or pursue your, our or a third party’s legitimate interest.

What is special personal information?

Special personal information is personal information about the following:

• Biometric information
• Philosophical beliefs
• Sex life
• Criminal behaviour
• Political persuasion
• Trade union membership
• Ethnic origin
• Race
• Health
• Religious beliefs

When will we process your special personal information?

We may process your special personal information in the following circumstances:

• if you have consented to the processing.
• if the information is being used for any Human resource or payroll requirement.
• if the processing is needed to create, use, or protect a right or obligation in law.
• if the processing is for statistical or research purposes and all legal conditions are met.
• if the special personal information was made public by you.
• if the processing is required by law.
• if racial information is processed, and the processing is required to identify you; and / or if health information is processed, and the processing is to determine your insurance risk, or to comply with an insurance policy or to enforce an insurance right or obligation.

When and from where we obtain personal information about you?

Durbanville Bodyworks may collect personal information about you from the following sources:

We may collect personal information directly from you when you request a quotation, book a repair, or communicate with us.

We may collect personal information from public records.

We may collect personal information from areas where you have deliberately made it public, including public websites or social media platforms.

We may collect information based on your use of our services, including vehicle repair services, quotations, and related communications.

We may collect information based on your interactions with us, including through our website, emails, telephone calls, messages, customer support interactions, or service enquiries.

We may collect personal information from third parties who are involved in the repair process or related services.

We may collect personal information from other sources where you have provided consent for us to do so.

Where required by law, we will obtain your consent before collecting personal information from third parties.

Third parties from whom we may collect personal information

The third parties from whom we may collect personal information may include, but are not limited to:

Insurance companies, brokers, and assessors involved in vehicle repair claims.

Vehicle owners, drivers, employers, fleet managers, or authorised representatives who arrange or approve repairs.

Accident management companies or roadside assistance providers that refer work to us.

Attorneys, law enforcement agencies, or regulatory authorities where required by law or for the investigation of incidents or claims.

Government departments, regulatory bodies, industry ombudsmen, or tax authorities where we are legally required to do so.

Our service providers, suppliers, agents, and subcontractors, including parts suppliers, towing services, IT service providers, and couriers who assist us in providing services.

Banks and payment service providers that assist with processing payments.

Courts, tribunals, or legally appointed representatives, such as executors or curators, where applicable.

Reasons we need to process your personal information.

Durbanville Bodyworks may process your personal information for the following purposes:

To provide vehicle repair services, quotations, assessments, and related services to you.

To communicate with you regarding quotations, repairs, vehicle collection, service updates, or other related matters.

To respond to enquiries, requests, or complaints.

To process payments, invoices, and related financial transactions.

To coordinate and process insurance-related repairs, including communicating with insurers, brokers, assessors, and accident management companies where applicable.

To maintain accurate customer and vehicle records, including information relating to vehicles, repairs, and service history.

To verify your identity and the accuracy of the information you provide.

To deliver documents, quotations, invoices, or other communications to you.

To comply with legal, regulatory, tax, and compliance obligations, including applicable legislation and industry requirements.

To improve our products and services, including internal analysis, service improvement, and quality control.

To conduct customer satisfaction surveys and improve the customer experience.

To ensure the safety and security of our premises, staff, customers, and vehicles, including through security monitoring where applicable.

To market our services to you, where permitted by law or where you have consented to receive marketing communications.

For internal administrative purposes, record keeping, and risk management.

For any other lawful purpose related to the provision of our services.

When how and with whom we share your personal information?

In general, we will only share your personal information if any one or more of the following apply:

• if you have consented to this.
• if it is necessary to conclude or perform under a contract, we have with you;
• if the law requires it; and / or
• if it’s necessary to protect or pursue your, our or a third party’s legitimate interest.

Under what circumstances will we transfer your information to other countries?

We will only transfer your personal information to third parties in another country in any one or more of the following circumstances:

where your personal information will be adequately protected under the other country’s laws or an agreement with the third-party recipient.

where the transfer is necessary to enter into or perform under a contract with you, or a contract with a third party that is in your interest.

where you have consented to the transfer; and / or where it is not reasonably practical to obtain your consent, the transfer is in your interest.

This transfer will happen within the requirements and safeguards of the law. Where possible, the party processing your personal information in the other country will agree to apply the same level of protection as available by law in your country or if the other country’s laws provide better protection the other country’s laws would be agreed to and applied.

How we secure your personal information

We will take appropriate and reasonable technical and organisational steps to protect your personal information according to industry best practices. Our security measures (including physical, technological, and procedural safeguards) will be appropriate and reasonable. This includes the following:

keeping our systems secure (like monitoring access and usage);

storing our records securely.

controlling the access to our buildings, systems and/or records; and safely destroying or deleting records.

Ensure compliance with best practice standards.

How long do we keep your personal information?

We will keep your personal information for as long as:

the law requires us to keep it.

a contract between you and us requires us to keep it.

you have consented for us keeping it.

we are required to keep it to achieve the purposes listed in this Privacy Policy.

we require it for statistical or research purposes.

a code of conduct requires us to keep it; and / or we require it for our lawful business purposes.

Take note: We may keep your personal information even if you no longer have a relationship with us, for the historical data that may be required by your employer or employee.

Our cookie policy

A cookie is a small piece of data sent from our websites or applications to your computer or device hard drive or Internet browser where it is saved. The cookie contains information to personalise your experience on our websites or applications and may improve your experience on the websites or applications. The cookie will also identify your device, like the computer or smart phone.

By using our websites or applications you agree that cookies may be forwarded from the relevant website or application to your computer or device. The cookie will enable us to know that you have visited the website or application before and will identify you. We may also use the cookie to prevent fraud and for analytics.

Your duties and rights about the personal information we have about you.

You must provide proof of identity when enforcing the rights below.

You must inform us when your personal information changes.

Please contact our Information Officer to give effect to any of the below rights.

You have the right to request access to the personal information we have about you by contacting us. This includes requesting:

confirmation that we hold your personal information.

a copy or description of the record containing your personal information; and the identity or categories of third parties who have had access to your personal information.

We will attend to requests for access to personal information within a reasonable time. You may be required to pay a reasonable fee to receive copies or descriptions of records, or information about third parties. We will inform you of the fee before attending to your request.

Please note that the law may limit your right to access information.

You have the right to request us to correct or delete the personal information we have about you if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or we are no longer authorised to keep it. You must inform us of your request in writing. It may take up to 15 business days for the change to reflect on our systems. We may request documents from you to verify the change in personal information.

A specific agreement that you have entered into with us may determine how you must change your personal information provided at the time when you entered into the specific agreement. Please adhere to these requirements. If the law requires us to keep the personal information, it will not be deleted upon your request. The deletion of certain personal information may lead to the termination of your business relationship with us.

You may object on reasonable grounds to the processing of your personal information.

We will not be able to give effect to your objection if the processing of your personal information was and is permitted by law; you have provided consent to the processing and our processing done according to your consent or the processing is necessary to conclude or perform under a contract with you.

Where you have provided your consent for the processing of your personal information, you may withdraw your consent. If you withdraw your consent, we will explain the consequences to you. We may proceed to process your personal information even if you have withdrawn your consent if the law permits or requires it. It may take up to 15 business days for the change to reflect on our systems, during this time we may still process your personal information. You must inform us of any objection in writing.

You have a right to file a complaint with us or any Regulator with jurisdiction about an alleged contravention of the protection of your personal information by us. We will address your complaint as far as possible.

The contact details for the Information Regulator is as follows:

Email:

POPIAcomplaints@inforegulator.org.za

Postal Address:

P.O. Box 31533, Braamfontein, Johannesburg, 2017

Physical Address:

JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001.

How can you get in touch with us?

For any queries in relation to this letter or our processing of your persona information in general, you can contact our Information Officer and/or Deputy Information Officer at the following details:

Name:

Nicolaas Johannes Putter

Contact Number:

0829224457

Email Address:

manage@durbak.co.za

Physical Address:

95 De Villiers Road Durbanville