MG MOTOR SOUTH AFRICA A DIVISION OF SAIC SOUTH AFRICA PROPRIETARY LIMITED

THIS IS OUR PRIVACY POLICY.


Last update: 29 November 2024

  1. 1.

    OVERVIEW

    1. 1.1

      This Privacy Policy outlines how SAIC South Africa Proprietary Limited hereafter referred to as MG Motor ( "we", "us", or "our") collects, uses, discloses, and protects your Personal Information in accordance with the Protection of Personal Information Act, 2013 ("POPIA").

    2. 1.2

      MG Motor is a company registered according to the laws of the Republic of South Africa, with registration number 2024/028623/07 and its primary place of business being at Block C - 2nd Floor - 93 Grayston S, 93 Grayston Drive – Morningside, Sandton, Gauteng, 2146.

    3. 1.3

      This Privacy Policy applies to any person accessing or using the Website and all Data Subjects who MG Motor Processes their Personal Information ("you" or "your").

    4. 1.4

      It is important that you read this Privacy Policy carefully before submitting any Personal Information to us.

    5. 1.5

      By using our website at www.mgmotor.co.za ("Website"), you agree to the practices described in this Privacy Policy.

    6. 1.6

      If you do not agree with any part of this Privacy Policy, you must discontinue use of our Website. Please do not provide us with any Personal Information if you do not agree with any of the provisions of this Privacy Policy. If you do not agree with any part of this Privacy Policy, we may not be able to provide our products and services to you.

  2. 2.

    DEFINITIONS

    1. 2.1

      For purposes of this Privacy Policy:

      1. 2.1.1

        "Applicable Law" means any statutes, laws, regulations, codes, directives, or judgments, that MG Motor is required to comply with;

      2. 2.1.2

        "Consent" means your voluntary, specific, and informed expression of will in terms of which permission is given for the Processing of Personal Information;

      3. 2.1.3

        "Data Subject" means an identified or identifiable natural person or, where applicable, an existing juristic person/entity;

      4. 2.1.4

        "IO" means the Information Officer of MG Motor;

      5. 2.1.5

        "Operator" means a third party that Processes Personal Information on behalf of MG Motor;

      6. 2.1.6

        "Personal Information" means any information relating to a Data Subject, including but not limited to, name, identification number, contact information, gender, sex, marital status, age, language, financial, criminal, employment history, opinions of and about the Data Subject, or other identifiers;

      7. 2.1.7

        "Privacy Policy" means this privacy policy;

      8. 2.1.8

        "POPIA" means the Protection of Personal Information, 2013 and any regulations or codes of conduct promulgated thereunder;

      9. 2.1.9

        "Process" means any activity that involves the use of Personal Information. It includes any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including:

        1. 2.1.9.1

          the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

        2. 2.1.9.2

          dissemination by means of transmission, distribution or making available in any other form; or

        3. 2.1.9.3

          merging, linking, as well as restriction, degradation, erasure or destruction of information,and "Processed" and "Processing" have similar meanings;

      10. 2.1.10

        "Responsible Party" means MG Motor, which is the entity determining the purpose and means of Processing your Personal Information;

      11. 2.1.11

        "Special Personal Information" means Personal Information concerning: (i) the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a Data Subject; (ii) the criminal behaviour of a Data Subject to the extent that such information relates to the alleged commission by a Data Subject of any offence; or (iii) any proceedings in respect of any offence allegedly committed by a Data Subject or the disposal of such proceedings; and

      12. 2.1.12

        "Social Media Platforms" means platforms such as Facebook, LinkedIn, Twitter, Pinterest, YouTube, Instagram, WeChat, WhatsApp, TikTok, blogs and all other similar social media or communication platforms.

  3. 3.

    GROUNDS FOR PROCESSING PERSONAL INFORMATION

    1. 3.1

      There are a number of grounds that MG Motor may rely on when Processing Personal Information, namely:

      1. 3.1.1

        when the Data Subject has given Consent;

      2. 3.1.2

        where Processing is necessary to carry out actions for the conclusion or performance of a contract that the Data Subject is party to;

      3. 3.1.3

        where Processing complies with an obligation imposed by law on MG Motor;

      4. 3.1.4

        where Processing is necessary for the proper performance of a public law duty by a public body;

      5. 3.1.5

        where Processing protects a legitimate interest of the Data Subject; or

      6. 3.1.6

        where Processing is necessary for pursuing the legitimate interests of MG Motor or a third party to whom the information is supplied.

    2. 3.2

      By submitting any Personal Information to MG Motor you acknowledge that MG Motor may rely on any of the grounds mentioned above when Processing your Personal Information as set out in this Privacy Policy, unless your explicit Consent is required by Applicable Law (for example, for direct marketing communications).

  4. 4.

    INFORMATION WE COLLECT AND RECEIVE

    1. 4.1

      In most circumstances, providing your Personal Information to us is voluntary. Sometimes, it may be mandatory to provide your Personal Information to us. If you fail to provide certain information when requested, we may not be able to perform the services you requested from us or we may be prevented from complying with our legal obligations.

    2. 4.2

      We collect and receive Personal Information about you in the following ways:

      1. 4.2.1

        directly from you. This includes any information that you provide to us:

        1. 4.2.1.1

          when you sign-up to utilise our services;

        2. 4.2.1.2

          by filling in forms on our Website, or those provided to you;

        3. 4.2.1.3

          when you enter a competition, promotion or complete a survey;

        4. 4.2.1.4

          by posting comments or content on our Social Media Platforms; or

        5. 4.2.1.5

          when you contact us or we contact you and you provide information directly to us;

      2. 4.2.2

        indirectly, through third party sources;

      3. 4.2.3

        through public sources, such as public registers, news articles, sanctions lists, and Internet searches; and

      4. 4.2.4

        through social and professional networking sites.

    3. 4.3

      We collect the following information about you:

      1. 4.3.1

        name and surname;

      2. 4.3.2

        contact number and email address;

      3. 4.3.3

        province;

      4. 4.3.4

        physical location;

      5. 4.3.5

        information in any complaints you make;

      6. 4.3.6

        details of how you use our products and services; and

      7. 4.3.7

        information regarding your use of our Website or Social Media Platforms, which includes:

        1. 4.3.7.1

          log in information;

        2. 4.3.7.2

          information we infer about you based on your interaction with products and services;

        3. 4.3.7.3

          device information (for example the type of device you're using, how you access platforms, your browser or operating system and your Internet Protocol ("IP") address); and

        4. 4.3.7.4

          location information.

    4. 4.4

      Third Party Personal Information

      1. 4.4.1

        If you disclose the Personal Information of a third party to us, you should take steps to inform the third party that you will be sharing their Personal Information with us and identify us as a Responsible Party.

      2. 4.4.2

        Where you provide us with the Personal Information of third parties, you warrant that you are authorised to provide us with such information and that you have complied with Applicable Law (for example, obtaining consents, directing them to our Privacy Policy, etc) in doing so.

    5. 4.5

      Special Personal Information

      1. In limited circumstances, we may collect your Special Personal Information. When we Process your Special Personal Information we will ensure that we get your Consent to do so.

  5. 5.

    HOW WE USE THE INFORMATION WE COLLECT AND RECEIVE

    1. 5.1

      We Process Personal Information for the following general purposes:

      1. 5.1.1

        to provide you with information, products or services you request from us;

      2. 5.1.2

        in order to refer you to an appropriate third-party service provider;

      3. 5.1.3

        to communicate with you;

      4. 5.1.4

        to provide you with support;

      5. 5.1.5

        to meet legal or regulatory requirements;

      6. 5.1.6

        to conduct due diligence checks relating to the services we provide;

      7. 5.1.7

        for other activities that form part of the operation of our business;

      8. 5.1.8

        to manage and respond to any request you submit through our Website;

      9. 5.1.9

        to promote our professional services, products and capabilities to existing and prospective business clients;

      10. 5.1.10

        to personalise online landing pages and communications we think would be of interest based on interactions with us;

      11. 5.1.11

        to administer, maintain and ensure the security of our information systems, applications and Websites; and

      12. 5.1.12

        to provide effective advertising (for example to provide you with news, special offers and general information about other goods, services and events which we offer, that are similar to those that you have already hired or enquired about). You can unsubscribe from receiving such communications by contacting the IO, or following the prompt in any communications we send you.

    2. 5.2

      In some cases, third parties (often advertisers) may wish to attain information about you in order to promote their products to you, or for whatever other reason. We may share information with third parties where you provide Consent in the form of an explicit opt-in. Before we ask you to opt-in, we will endeavour to provide you with a clear description of what data would be shared with the third-party. Remember that once you have opted in to allow us to send your information to the third-party, we cannot control what they do with your data. Therefore, you should familiarise yourself with their privacy policies before giving us permission to share your information.

  6. 6.

    HOW WE SHARE YOUR INFORMATION

    1. 6.1

      We may share your Personal Information with:

      1. 6.1.1

        our affiliates, in other words, other companies in our group;

      2. 6.1.2

        a limited number of our employees on a need-to-know basis and subject to strict confidentiality and privacy policies and training;

      3. 6.1.3

        our business partners;

      4. 6.1.4

        other parties in response to legal processes or when necessary to conduct or protect our legal rights;

      5. 6.1.5

        companies that provide services to us or act on our behalf, subject to appropriate data processing agreements and security requirements as required by law;

      6. 6.1.6

        other third parties where you provide Consent; and

      7. 6.1.7

        other third parties in the course of a business transfer. Where all or a part of our business is merged, sold or reorganised, your Personal Information may be shared with the successor entity. MG Motor will use reasonable measures to help ensure that any successor entity Processes Personal Information in accordance with this Privacy Policy.

  7. 7.

    YOUR RIGHTS AS A DATA SUBJECT

    1. 7.1

      If MG Motor processes Personal Information about you, you have the following rights under POPIA:

      1. 7.1.1

        right to access: 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 MG Motor, please review our PAIA Manual located at www.mgmotor.co.za/paia;

      2. 7.1.2

        right to correction: You may request MG Motor to correct the Personal Information we hold about you. Please ensure that the Personal Information we hold about you is complete, accurate and up to date. If you fail to keep your Personal Information updated, or if your Personal Information is incorrect, MG Motor may limit the products and services offered to you;

      3. 7.1.3

        right to deletion: You have a right, in certain circumstances, to request the destruction or deletion of your Personal Information and, where applicable, to ask that we restrict the Processing your Personal Information. If you wish to exercise this right, please contact us using the contact details set out in this Privacy Policy;

      4. 7.1.4

        right to object: 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;

      5. 7.1.5

        right to withdraw Consent: You have the right to withdraw your Consent at any time for any processing that requires your Consent. To withdraw your Consent, please contact our IO. Once we have received notification that you have withdrawn your Consent, we will no longer Process your Personal Information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law;

      6. 7.1.6

        right to not receive marketing materials: You have the right to ask us not to contact you for marketing purposes. You can exercise this right at any time by using any of the various "opt-out" options that we will provide to you when we communicate with you. We won’t send you marketing messages if you tell us not to but we will still need to send you service-related messages; and

      7. 7.1.7

        right to lodge a complaint: You have the right to lodge a complaint with the Information Regulator if you believe your rights have been infringed. The contact details of the Information Regulator can be found in section 15 below.

  8. 8.

    OUR COMMITMENT TO SECURITY

    1. The security of your Personal Information is important to us. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. However, we do employ a number of safeguards intended to mitigate the risk of unauthorised access or disclosure of your information. We will do our best to protect your Personal Information and we will use up to date technology that will help us to do this. We will at all times comply with our obligation under Applicable Law.

  9. 9.

    INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

    1. 9.1

      We are based in and operate from South Africa. Your information, including Personal Information, may be transferred to and maintained on servers located outside of South Africa where the data privacy laws, regulations and standards, may not be equivalent to the laws in South Africa or your country of residence.

    2. 9.2

      We might transfer your Personal Information to places outside of South Africa and store it there, where our third party service providers might Process it. If that happens, your Personal Information will only be transferred to and stored in country that has equivalent, or better, data protection legislation than South Africa or with a third party service provider which is subject to an agreement requiring it to comply with data protection requirements equivalent or better than those applicable in South Africa.

    3. 9.3

      When your Personal Information is transferred to another country, we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

  10. 10.

    RETENTION AND DESTRUCTION OF PERSONAL INFORMATION

    1. We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy, to comply with our legal obligations, to resolve disputes, or to enforce our legal agreements and policies.

  11. 11.

    LINKS TO OTHER WEBSITES AND COOKIES

    1. 11.1

      Our Website may contain links to and from websites, mobile applications or services of third parties, advertisers or affiliates. Please note that we are not responsible for the privacy practices of such other parties and advise you to read the privacy statements of each website you visit which collects Personal Information.

    2. 11.2

      Our Website may use cookies. If cookies are used, your browser will receive a warning explaining how they are used. Please consult our Cookie Policy for more details.

  12. 12.

    INTEGRATION WITH TERMS OF SERVICE

    1. This Privacy Policy must be read together with our Website terms and conditions, which outline the terms and conditions governing your use of our website. By accessing and using our Website, you agree to both this Privacy Policy and the Terms of Service. In the event of any conflict between this Privacy Policy and the Terms of Service, the provisions of this Privacy Policy will apply specifically to matters related to Personal Information and data protection.

  13. 13.

    HANDLING OF PERSONAL INFORMATION BREACHES

    1. In the event of a Personal Information breach, MG Motor will adhere to its incident management policies and procedures to handle and report the breach in compliance with POPIA. This includes notifying affected Data Subjects and the Information Regulator where required.

  14. 14.

    CHANGES TO THIS PRIVACY POLICY

    1. 14.1

      MG Motor may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or for other operational reasons. We will communicate significant changes to you, but you remain responsible for reviewing them regularly to ensure that you are aware of any updates or changes.

    2. 14.2

      When changes are made, we will revise the “Last Update” date at the top of this Privacy Policy, and will be effective as of that date.

  15. 15.

    CONTACT INFORMATION

    1. 15.1
      If you have any questions, comments, or concerns about this Privacy Policy, or if you wish to exercise your rights regarding your Personal Information, please contact us at: Email: infosupport@mgmotor.co.za Physical Address: Block C - 2nd Floor - 93 Grayston S, 93 Grayston Drive – Morningside, Sandton, Gauteng, 2146.
      You may also contact the Information Regulator to lodge a complaint or submit an inquiry using the following details: E-mail addressPOPIAComplaints@inforegulator.org.za
      Physical addressJD House 27 Stiemens Street Braamfontein Johannesburg, 2001
    2. 15.2

      When changes are made, we will revise the “Last Update” date at the top of this Privacy Policy, and will be effective as of that date.

  16. 16.

    GOVERNING LAW

    1. This Privacy Policy is governed by the laws of the Republic of South Africa. Any disputes arising from or relating to this Privacy Policy shall be resolved in the courts of South Africa.