Privacy Policy

By using this Website you warrant that you are 18 (eighteen) years or older or possess the necessary consent to agree to all the terms and conditions below.  If you do not agree to this Policy or do not have the necessary consent to agree, do not use or engage the Website.

1. Definitions
   1. "Buyer" shall mean a party defined as such in the terms and conditions on the relevant Website.
   2. "Dealer" shall mean a party defined as such in the terms and conditions on the relevant Website.
   3. "Seller" shall mean a party defined as such in the terms and conditions on the relevant Website.
   4. "We, us or our" shall mean 5DayDeals (Pty) Ltd Reg No. 2017/179543/07, located at 11 Berkley Road, Maitland, Cape Town 7404.
   5. "Website" shall mean any website with a domain validly registered to us.
   6. "User or you" shall mean a Buyer, Dealer, or any other party who may be using the Website at any given time.

2. Information Collection
   1. While using the Website, we may ask you to provide us with certain personal information that can be used to contact or identify you. Depending on the nature of your interaction with us we may ask you for information such as your name, contact details, motor vehicle information, company name and financial data ("Personal Information"). In each case we will only collect information which is necessary and appropriate to fulfil the purpose of your interaction with us.
   2. We collect information about you and any other person whose information you provide, directly or indirectly, as follows:
   1. When you create a Dealer account, enquire on an advertisement or complete any other form, whether electronically, telephonically or paper-based;
   2. When you interact with us via our Website, social media accounts, telephone, email or other method of communication;
   3. From any other party you have authorised to share your Personal Information with us.
   3. Where you provide the Personal Information of a third party, it is your duty to notify such party you have disclosed their information to us and that it will be processed in accordance with this Policy.
   4. We may conduct online searches and obtain your Personal Information from public records such as the Financial Intelligence Centre and other third parties that hold such information.
   5. The information we collect and process, includes but is not limited to:
   1. Names, addresses, contact details, identity number, entity name, registration number, bank details, motor vehicle details and other financial information.
   2. Correspondence or enquiries from you and anyone acting on your behalf. As well as correspondence with third parties in the course of performing our services in terms of our business relationship with you.
   3. Copies of contracts or agreements you concluded with us.
   4. Special personal information such as images of your motor vehicles and other information as required in terms of our business relationship with you.
   5. If you are one of our contractors, employees or representatives, we will collect information regarding your banking details, employment history, qualifications, next of kin and any other information required to maintain and record our business relationship with you.
   6. We may require certain Personal Information in order for us to comply with our legal obligations in terms of prevailing legislation. Should you fail to provide such information we retain the right to limit or terminate our business relationship with you and take any further action as required in law.

3. Use of Personal Information
   1. We may process and use your Personal Information for the following purposes:
   1. To provide you with the service you requested.
   2. To keep you informed of motor vehicles or services in which you have expressed an interest or to notify you of the performance of advertisements you have published on the Website.
   3. To respond to your enquiries and requests.
   4. To market your dealership, services or the motor vehicles you have listed on the Website to prospective Buyers.
   5. To fulfil our legal and record keeping requirements in terms of law.
   6. Verifying your identity, authority to act on behalf of a third party and to conduct any screening we may be required to do in law.
   7. Conducting market research.
   8. To evaluate and improve our service offering.
   9. In cases where you withdraw consent to the processing of your Personal Information or have unsubscribed from receiving certain marketing communication from us, we may retain your details to ensure we are able to comply with such instruction and/or do not send you communications in future.
   10. To comply with a lawful request by law enforcement agencies, regulatory bodies, court orders or a similar request.
   11. If you are an employee, representative or contractor of ours, we may use your information to comply with our contractual obligations to you.

4. Disclosure of Personal Information
   If you are a prospective Buyer, who has expressed an interest in an advertisement, undertaken to a purchase a motor vehicle or cover a trade, we will share your Personal Information with the Dealer who listed the relevant advertisement on the Website.
   1. If you are a Dealer, we will make your contact details, advertisements and other information you publish on the Website visible to Users.
   2. To confirm your identity and/or authority to act on behalf of a third party.
   3. When we are legally obliged to provide such information.
   4. We may need transfer your information to a User, sub-contractor or third party located outside of South Africa, in order to provide you with the service you requested. We will in such circumstances require the information to be treated as confidential and with the utmost care and security as required in law.

5. Business Sale
   In the event that our business is sold, merged or wound up, your Personal Information may be disclosed to our advisors and any prospective purchaser and their advisors, and will be passed on to the new owners of the business.

6. Retention of your Personal Information
   1. We will not store your Personal Information for longer than is necessary to fulfil the purposes described in this Policy or any applicable law.
   2. We may retain certain limited Personal Information indefinitely for record keeping and statistical purposes.
   3. Should you object to the retention of your information, you may contact the Information Officer using the contact details in this Policy.

7. Access to, Correction and Deletion of Personal Information
   1. You have a legal right to request a record of the Personal Information we hold about you.
   2. You may request that we correct or update any Personal Information we hold about you.
   3. Should you fail to keep your information updated or provide inaccurate or incomplete information, we may limit our service offering to you and in certain cases terminate our relationship with you.
   4. Under certain circumstances you are entitled to request the deletion, destruction of your Personal Information or object to the processing thereof. In such event, kindly contact our Information Officer using the contact details in this Policy.

8. Log Data
   We may collect anonymous information when you visit the Website, to help it provide better customer service.

9. Cookies
   The Website may store cookies on your device. These cookies are used to improve your experience and provide more personalised services to you.

10. Links
    1. The Website may include links to third-party websites, such as payment gateways and social media websites. When you follow a link to a third-party website, you will be directed to such website and be subject to the terms and conditions applicable to that website.
    2. We are not responsible for the practices or content on third-party websites. Users should exercise caution when sharing Personal Information on third-party websites.
    3. We do not accept liability for any loss or damage, in whatever manner, resulting from the disclosure of your Personal Information to a third party by you.

11. Disclaimer
    1. We have implemented reasonable measures to keep your Personal Information secure. However, it is important that you also take reasonable steps to safeguard your Personal Information such as your username and password, if applicable.
    2. You hereby indemnify and hold us 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 us.

12. Changes to Privacy Policy
    1. We may update this Policy from time to time. Amendments will be effected by posting the updated policy on the Website. It is your responsibility to review this Policy regularly.
    2. The most updated version of this Policy will apply each time you access the Website.

13. Information Officer Contact Details
    1. Should you have any questions, complaints or require further information relating to this Policy, or the processing and use of your Personal Information, kindly contact the Information Officer:
       Name: Christopher Hugh de Beyer
       Email:  christopher@5daydeals.co.za
    2. If you are not satisfied with the manner in which we have dealt with your complaint or Personal Information, you have the right to lodge a complaint with the Information Regulator, whose contact details appear below:

Complaints email: complaints.IR@justice.gov.za

General enquiries email: inforeg@justice.gov.za