LEGAL INFORMATION

  • 1. LEGAL INFORMATION
  • 2. PRIVACY POLICY AND DATA PROTECTION
  • 3. DISCLAIMER AND LIMITATION OF LIABILITY

IMPORTANT CLAUSES

If you are a consumer, as defined in the Consumer Protection Act 68 of 2008 ("Consumer Protection Act"), we have a duty to point out certain important terms to you. The paragraphs which contain these important terms and the reasons why they are important are set out below.

  1. Limitation of risk, legal responsibilities and liability. Clause 8 of the Privacy Policy and Data Protection section and clauses 1 and 2 of the Disclaimer and Limitation of Liability section are important because they limit and exclude obligations, liabilities and legal responsibilities that we may otherwise have to you. As a result of these clauses, your rights and remedies against us are limited and excluded. These clauses also limit and exclude your right to recover or make claims for any losses, damages, liability or harm you or others may suffer. In summary, these paragraphs state that you know and accept that the Internet is not absolutely secure and that there is a risk that your Personal Information will not be secure when transmitted over the Internet.
  2. Assumption of risk, legal responsibilities and liability by you. Clauses 1 and 2 of the Disclaimer and Limitation of Liability section are important because you take on risk, legal responsibilities and liability. You will also be responsible for, and you accept, damages, harm, and injury which may be suffered by you and others in relation to what is stated in these clauses.
  3. Acknowledgements of fact by you. Clauses 4 and 6 of the Privacy Policy and Data Protection section and clause 2 of the Disclaimer and Limitation of Liability section are important because they each contain statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true.

1. Introduction and scope

1.1 Peugeot Motors South Africa (Proprietary) Limited, registration number 2001/023277/07 ("Peugeot" or "We" or "Us") strives to ensure that our use of the Personal Information of users of the www.peugeot.co.za site (the "Website") is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our offerings, the Website and your experience on the Website.

1.2 This Peugeot Website Privacy Policy (this "Privacy Policy") sets out what we will do with any "Personal Information" we collect from or about you, or that you provide to us, when you use the Website. In this Privacy Policy, "Personal Information" refers to any information which may be used to identify you including information such as your name and surname, date of birth, contact details (e.g. your home address, postal address, e-mail address or phone number), and other information that can be used to identify you or is held in association with information that can be used to identify you.

1.3 Personal Information also includes any information about an identifiable juristic person or other legal entity (such as a company or trust) and includes registration numbers, registered addresses, financial information, and other information that can be used to identify the juristic person or legal entity or is held in association with information that can be used to identify the juristic person or legal entity.

1.4 Other information which might be “Personal Information” may include:

1.4.1 “Access Device and Access Device event information”: We may collect information such as your IP address, unique device identifier, the nature of the devices ("Access Device") which you use access the Website (e.g. a tablet or smart phone, and which type thereof), the geographic location from which you access the Website (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes;

1.4.2 “log information”: When you use the Website, we may automatically collect and store certain information in server logs (i.e. our web servers automatically record and maintain a log of their activities when users access the Website), which may include your "site activity information", such as details of how, when and for how long you accessed and used the Website and other site traffic and use information (e.g. the date and time of your site requests, referral web pages (i.e. which site pages directed you to the Website landing page (i.e. the page at which you accessed the Website), URLs, which pages you accessed, the number of pages viewed and the order of those pages, the amount of time spent on those pages, the number of clicks, and exit pages (i.e. sites which you navigated to when leaving the Website);

1.4.3 “location information”: We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the IP location); and

1.4.4 “unique application numbers”: Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us when you install or uninstall such a service or when that service periodically contacts our servers, such as for automatic updates.

1.5 Please read this Privacy Policy carefully to understand our views and practices regarding your Personal Information and how we will treat it.

2. Privacy - our pledge

2.1 We may use the Personal Information you provide to us for marketing research (including participating in surveys), product analysis and development, sales tracking, or to contact you for marketing or promotional purposes. We may contact you through various media including by telephone, post, email, SMS or MMS. Telephone calls to and from Peugeot and our dealers may be recorded and monitored for security purposes and to assist with staff training, under our quality control procedures.

2.2 We may share your personal information with other entities within our international group of companies (“Our Group”), with companies providing a service to us or Our Group including agents and subcontractors, or with our dealers. However, such persons will only use your personal information for the purposes set out above. We will always do our best to ensure that your personal information is treated securely and in accordance with this Privacy Policy. Please note that, other than the third parties listed in this paragraph, we will not disclose your personal information to any other third party whatsoever and we will never sell your personal information, without your consent.

3. How do We receive Personal Information

3.1 We may receive Personal Information about you or from you in several ways. These include:

3.1.1 when you access, log-into or use the Website;

3.1.2 when you submit a query via the Website;

3.1.3 when you phone us or exchange or send us correspondence;

3.1.4 you submit Personal Information to us for any other reason, or authorize third parties to do so.

3.2 Some of the information we receive is Personal Information, and some is non-personal information that becomes personal if it is connected to you or to another person or legal entity. In some circumstances we will de-identify, anonymise or segregate information so that we may make use of it in aggregate form without treating it as Personal Information.

4. You consent to the Processing of your Personal Information on the terms and conditions set out in this Privacy Policy

4.1 When you access the Website, you are also agreeing to this Privacy Policy. If you do not agree to this Privacy Policy, you must cease your use of the Website.

4.2 By agreeing to this Privacy Policy, you provide us with your express consent and agreement that we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, analyse, use and share your Personal Information in the ways set out in this Privacy Policy. When we do one or more of these actions with your Personal Information, we are "Processing" your Personal Information.

5. How we use your Personal Information

5.1 We use the information we collect to provide, maintain, and improve the Website, to develop new services, and to protect us, our services and our users. We also wish to improve our users' experience, and so we also use the information we collect for this purpose.

5.2 We may also use your Personal Information:

5.2.1 to retain and make information available to you on the Website;

5.2.2 maintain and update our customer, or potential customer, databases;

5.2.3 diagnose and deal with technical issues and customer support queries and other user queries;

5.2.4 operate, administer, maintain, secure and develop the Website and the performance and functionality of the Website;

5.2.5 detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of the Website and/or contravention of this Privacy Policy that applies to the Website;

5.2.6 to conduct market research surveys, research and development;

5.2.7 communicate with you and keep a record of our communications with you and your communications with us;

5.2.8 inform you about any changes to this Privacy Policy or other changes which are relevant to you;

5.2.9 to create user profiles and to analyse and compare how you and other users make use of the Website, including (without limitation) habits, click-patterns, preferences, frequency and times of use, trends and demographics;

5.2.10 to analyse and compare the kinds of Access Devices that you and other users make use of and where you are using them; and

5.2.11 for other purposes relevant to our business activities, provided they are lawful.

6. Sharing of your Personal Information

6.1 We will not intentionally disclose, for commercial gain or otherwise, your Personal Information other than as set out in this Privacy Policy or with your permission.

6.2 You agree that your Personal Information may be shared under the following circumstances:

6.2.1 to our agents, advisers, service providers and suppliers which have agreed to be bound by this Privacy Policy;

6.2.2 to our employees, suppliers, service providers and agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as hosting, development and administration, technical support and other support services relating to the Website. We will authorise any information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions;

6.2.3 to our affiliates, which includes our holding companies and subsidiaries;

6.2.4 in order to enforce or apply any contract between you and us;

6.2.5 in order to protect our rights, property or safety or that of our customers, employees, contractors, suppliers, service providers, agents and any other third party;

6.2.6 in order to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents or any other third party;

6.2.7 to governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary to:

6.2.7.1 comply with the law or with any legal process;

6.2.7.2 protect and defend the rights, property or safety of us, or our customers, employees, contractors, suppliers, service providers, agents or any third party;

6.2.7.3 detect, prevent or deal with actual or alleged fraud, security or technical issues or the abuse, misuse or unauthorised use of the Website and/or contravention of this Privacy Policy;

6.2.7.4 protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).

7. Storage and transfer of your Personal Information

7.1 We store your Personal Information on our servers or those of our service providers.

7.2 We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected or outside of South Africa, and such jurisdiction may not have comparable data protection legislation.

7.3 If the location that Personal Information is transferred to or stored does not have substantially similar laws which provide for the protection of Personal Information, we will take the legally-required steps to ensure that your Personal Information is adequately protected in that jurisdiction.

8. Security

8.1 We take reasonable technical and organisational measures to secure the integrity of retained information, using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information, and protect your Personal Information from misuse, loss, alteration or destruction.

8.2 From time to time, we review our information collection, storage and processing practices, including physical security measures, to keep up to date with good practice.

8.3 Even by taking the above measures when Processing Personal Information, we do not guarantee that your Personal Information is 100% secure.

9. Retention of your Personal Information

We may keep and Process some or all of your Personal Information if and for as long as:

9.1 we are required or permitted by law or a contract with you to keep it;

9.2 we reasonably need it for lawful purposes related to our functions and activities;

9.3 we reasonably need it for evidentiary purposes; or

9.4 you agree to us keeping it for a specified further period.

10. Keeping your Personal Information updated and correct

10.1 Where required by law, we take reasonable steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date.

10.2 You must let us know if any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in clause 16 below.

11. Changes to this Privacy Policy

11.1 We may, at any time, change this Privacy Policy and will take reasonably practical steps to inform you of the changes. Without limiting the ways we may inform you, we may inform you either by sending you an e-mail or by placing a notification on the Website.

11.2 If you do not agree to the changes to this Privacy Policy, you must end your use of the Website.

12. Children

The Website is not targeted at people under the age of 18. We will not knowingly collect information from persons in this age group without permission to do so.

13. Direct marketing

13.1 When you register to use the Website, you agree to receive marketing communications from us.

13.2 You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing (“direct marketing communications”).

13.3 You may opt out of receiving direct marketing communications from us at any time by requesting us (in the manner set out in the communication or by contacting us at the contact details set out below) to desist from initiating any direct marketing to you.

13.4 If you have opted out, we may send you written (which may include electronic writing) confirmation of receipt of your opt-out request, and not send you any further direct marketing communications.

14. Consumer Protection Act and Protection of Personal Information Act

14.1 If any part of this Privacy Policy is regulated by or subject to the Consumer Protection Act, No 68 of 2008 ("CPA") or the Protection of Personal Information Act, No. 4 of 2013 ("POPI"), it is not intended that any part of this Privacy Policy contravenes any provision of the CPA or POPI. Therefore all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA and POPI are complied with.

14.2 No provision of this Privacy Policy (or any contract governed by this Privacy Policy):

14.2.1 does or purports to limit or exempt us or any person or entity from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

14.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or

14.2.3 limits or excludes any warranties or obligations which are implied into this Privacy Policy (or any contract governed by this Privacy Policy) by the CPA or POPI (to the extent they are applicable) or which we give under the CPA or POPI (to the extent they are applicable), to the extent that the law does not allow them to be limited or excluded.

15. Governing law

15.1 South African law applies to this Privacy Policy.

15.2 If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of a competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced.

16. Queries and Contact details

If you have questions about our Privacy Policy or wish to contact us, please contact us at 0860 738 472, on Mondays to Fridays (excluding gazetted national public holidays in South Africa) between the hours of 08:00 and 17:00.

1. Third party sites

1.1 The Privacy Policy does not apply to other parties' websites, products or services, such as websites linked to, from or advertised on the Website, or sites which link to or advertise the Website. We are not responsible for the privacy practices of such third party websites.

1.2 We advise you to read the privacy policy of each third party website and determine if you agree to the privacy practices and policies of such third party websites.

2. Confirmation of your authority

2.1 You promise that you have the authority to allow us to do all these things with the Personal Information we receive about you and which we get from you, as set out in the Privacy Policy. This also applies to your Personal Information and the Personal Information of other people or companies that we get from you.

2.2 To the fullest extent permitted by law, you irrevocably agree to indemnify and hold us and our affiliates, which includes our holding companies and subsidiaries, harmless from and against any and all claims, damages, losses and liabilities which may be suffered by us or others of whatever nature arising from your failing to possess the authority referred to paragraph 2.1. 

The privacy of Web site users is important to Peugeot.

Peugeot will not collect any 'Personal Data' (name, address, telephone number, E-mail address or other contact information) unless you provide it voluntarily. The Personal Data you submit will be used for market research and sales tracking, and to contact you for marketing purposes. Peugeot may disclose this information to other companies within its international group of companies, and to its dealers and agents for the above purposes. Peugeot Motors South Africa is committed to safeguarding the privacy and security of all registered users and all information will be stored in a Peugeot database and the data will be used until such a time the customer asks us to be removed from the database.

Peugeot shall take all reasonable steps to prevent any unauthorised access and/or disclosure of the data provided to via this web site, however, Peugeot does not make any warranties or representations that this data, including personal information, shall be totally secure.
Peugeot reserves the right to amend its privacy and protection policy at any time by posting the amended policy on this web site. The amended privacy and data protection policy will become effective when posted Peugeot may collect Anonymous Data - information that cannot be linked to you directly. For instance, the type of Web browser that you are using, or the location of an advertisement that you may have clicked.

  • 5. COOKIES
  • 6. DISCLAIMER AND LIMITATION OF LIABILITY
  • 7. WARRANTIES AND REPRESENTATIONS
  • 8. THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF

When you view the site, Peugeot may store information on your computer in the form of a 'cookie' file. This information is used in a variety of ways: for instance, to help you complete forms quickly, or to provide links to information that is relevant to you. If you would rather this information were not stored on your computer, please refer to your Web browser's operating instructions.

The web site user makes use of this web site and relies on the web site content entirely at his own risk. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, No. 25 of 2002, Peugeot does not accept any liability whatsoever in relation to, and the user of this web site hereby indemnifies Peugeot against, any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the use of or reliance on this web site and/or the web site content, or any actions or transactions resulting therefrom, even if Peugeot has been advised of the possibility of such loss, expense, claim or damages. Without derogating from the generality of the above clauses, and to the extent permitted by law, Peugeot shall not be liable for any interruption, downtime malfunction or failure of this web site or the web site content for any reason whatsoever. Peugeot may, in its sole discretion, at any time and for any reason, suspend or terminate the operation of this web site or any of the web site content, without prior notice.

This web site and the web site content is provided "as is" and is subject to change without notice. This web site and the web site content is provided without any representation or warranty whatsoever, whether express or implied, as to the operation, integrity, availability or functionality of this web site or subject to the provision under the heading "accuracy of information" as to the accuracy, completeness, integrity or reliability of the web site content. This web site and the web site content is not intended to, and does not, constitute advice or a recommendation of any nature whatsoever, including (without limitation) in respect of any institution, investment, service or product. The user may not rely on any representation connected to the use of or reliance on this web site or the web site content which allegedly induced the user to enter into any agreement with PMSA, unless the representation is recorded in these terms and conditions.
The grant of any indulgence by Peugeot to the user in respect of any matter connected to the use of or reliance on this web site or the web site content shall not constitute a waiver of any right by Peugeot or prevent or adversely affect the exercise by Peugeot of any existing or future right.

Peugeot may provide hyperlinks to web sites not controlled by Peugeot, including the Peugeot.com web site, and such hyperlinks do not imply any endorsement, agreement on, recommendation, affiliation or support for the content of these sites, or of any services or products made available on these sites.
A web site user's use of these sites shall be entirely at the user's risk, and Peugeot is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from such use of these sites.

The Promotion of Access to Information Act 2 of 2000 

Peugeot Motors South Africa (Pty) Limited
(Registration Number 2001/023277107)

(the "COMPANY")

MANUAL

in terms of

The Promotion of Access to Information Act 2 of 2000

(the "ACT")

Compiled by the Communications Department February 2003 With acknowledgements to:

  1. The South African Human Rights Commission
  2. The Department of Justice and Constitutional Development

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  1. Introduction to the COMPANY
  2. Contact details of the head
  3. The Guide
  4. Records available in terms of other legislation
  5. Subjects and categories of records held by the COMPANY
  6. Form of request
  7. Fees
  8. Availability of the manual
  9. Prescribed fees and forms

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INTRODUCTION
The COMPANY conducts business as an importer and distributor of motor vehicles and parts and as an exporter of motor vehicles and components.

COMPANY CONTACT DETAILS

Mr Mr Francis Harnie, the Managing Director of the COMPANY, is the person to whom requests for access to information must be made in terms of the Act.

Mr Mr Francis Harnie, Managing Director
PEUGEOT CITROËN SOUTH AFRICA
Homestead Place
Cnr 12th Avenue and Rivonia Rd

Rivonia Sandton 2128

PO BOX 389, Kelvin, 2054

Telephone numbers -  0860 738 472

Fax numbers - (+27) 11 - 879 - 7443 
Customer care : https://peugeot-za-en.custhelp.com/

THE GUIDE

Requesters are referred to the Guide to be compiled by the South African Human Rights Commission ("SAHRC"), which will be available in August 2003. The contact details of the SAHRC are:

The South African Human Rights Commission: PAIA Unit: The Research and Documentation Department

Postal Address: Private Bag 2700, Houghton, 2041
Telephone Number: +27-11-484 8300
Fax Number: +27-11-484 0582
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za

RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

  • Companies Act 61 of 1973
    • All documents of incorporation of the COMPANY are lodged at the offices of the Registrar of Companies, and may be inspected at the Companies office These documents include the memorandum and articles of association as well as the relevant company forms.
    • The register of members of the COMPANY is open for inspection by any person at the registered office of the COMPANY. Records kept in regard to a register of transfers (of members), pledges and bonds are also available for inspection at the registered office.
    • Special resolutions are lodged with the Registrar of Companies, and are therefore available for inspection at the Companies office.
    • A register of the directors' and officials' interests in contracts entered into by the COMPANY is kept at the registered office, and is available for inspection
  • Pension Funds Act 24 of 1956
    The rules of the fund utilised by the COMPANY, as well as the last revenue account and balance sheet of the fund, are available for inspection at the offices of the Registrar of Pension Funds.
  • Employment Equity Act 55 of 1998
    As a designated employer, the COMPANY has lodged a copy of its employment equity report at the Department of Labour.

SUBJECTS AND CATEGORIES OF RECORDS HELD BY THE COMPANY

Note: This section of the Manual sets out the subject and categories of records held by the COMPANY. The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. In particular, certain grounds of refusal as set out in the Act may be applicable to a request for such records.Departmental Records

Departmental Records Subject
Communications/Public Affairs Division
  • Product Information
Human Resources Division 
  • Staff Records
 
  • Employment Contracts
 
  • Policies and Pocedures
 
  • Health & Safety records
Financial Division 
  • Audited Financial Statements
 
  • Tax Records (Company & Employees)
 
  • Motor Industry Development Programme Records
 
  • Asset Register
Legal Department / Company Secretarial 
  • General Contract Documentation
 
  • Trade Marks
 
  • Statutory Records
Marketing Division 
  • Market Information
 
  • Customer Information

 

  • Product Brochures

 

  • Owner Manuals

 

  • Media Releases

 

  • Performance Records

 

  • Product Sales Records

 

  • Marketing Strategies

 

  • Customer Database

 

  • Dealer Franchise Documents
Production / Logistics
  •   Production Records
Production Engineering
  • Vehicle and Components Specifications
 
  • Engineering Records
Quality
  •  Quality Records

FORM OF REQUEST

  • The requester must use the prescribed form to make the request for access to a record. This must be made to the head of the COMPANY. This request must be made to the address, fax number or electronic mail address of the head of the COMPANY.
  • The requester must provide sufficient detail on the request form to enable the head of the COMPANY to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
  • The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation as to why the requested record is required for the exercise or protection of that right.
  • If a request is made on behalf of a person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the COMPANY.

FEES
The head of the COMPANY must notify the requester (other than a personal requester) by notice, requiring the requester to pay the fee of R50 before further processing the request. A personal requester does not pay such fee.

The requester may lodge an internal appeal or an application to the court against the tender or payment of the request fee.
The head of the COMPANY will then make a decision on the request and notify the requester in the required form.
If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that had exceeded the prescribed hours to search and prepare the record for disclosure.

AVAILABILITY OF THE MANUAL
The manual is available for inspection at the offices of the COMPANY free of charge and on the web site, www.peugeot.co.za  Copies are also available with the SAHRC and in the Government Gazette.

PRESCRIBED FEES AND FORMS IN RESPECT OF PRIVATE BODIES
The prescribed forms and fees for requests to private bodies, are available on the website of the Department of Justice and Constitutional Development:
www.doj.gov.za