Privacy Policy

1. Introduction

EL TONYS AUTO ("the Dealership", "we", "us", or "our") values your privacy and is dedicated to safeguarding your personal data. This Privacy Policy explains how we collect, use, store, disclose, and protect your personal information when you visit our website, complete online finance applications, visit our physical showroom, buy or sell a vehicle, or book a test drive.

By providing us with your personal information, you acknowledge and agree that it will be processed as described in this policy, subject always to your statutory rights under the Protection of Personal Information Act No. 4 of 2013 ("POPIA").

2. Information Officer Details

In terms of POPIA, EL TONYS AUTO has appointed an Information Officer to oversee data protection compliance. Any queries, access requests, or complaints regarding your data privacy should be directed to:

• Information Officer: Aadil el Touny
• Physical Address: 284 Flamingo Street, Lenasia, Johannesburg
• Email Address: info@eltonysauto.co.za
• Telephone Number: +27 81 496 6261

3. What Personal Information We Collect

To facilitate vehicle sales, trade-ins, test drives, and finance allocations, we collect personal information defined under POPIA, which includes:

• Identity Data: Full names, South African Identity Number or passport number, and copies of identity documents or driver's licenses.
• Contact Data: Email addresses, telephone numbers, cellular numbers, and physical residential or postal addresses.
• Financial Data: Financial information required for credit applications, including income documentation, bank statements, recent salary payslips, employment details, affordability information, and credit assessment information obtained through authorised credit providers or credit bureaus.
• Vehicle Data: Registration numbers, VIN numbers, engine numbers, mileage records, and logbooks relating to your trade-in vehicle.
• Technical Data: IP addresses, browser types, cookie parameters, and usage patterns gathered via our website logs.

4. How We Collect Your Personal Information

We collect your data through multiple direct and indirect operational touchpoints:

• Direct Interactions: When you complete vehicle enquiry forms on our website, submit a digital finance application, register a test drive, or complete an Offer to Purchase (OTP) on our showroom floor.
• Third-Party Sources: With your prior authorization, we request information from independent credit bureaus, financial service providers, and background screening partners to process finance options.

5. Cookies and Website Tracking

Our website may use cookies and similar technologies to improve functionality, analyse website traffic, and enhance user experience. These include essential technical cookies required for portal operations, analytical cookies to evaluate user journeys, and marketing configurations. Users may manage cookie preferences or completely disable them through their personal browser settings, though certain functional site components may be reduced.

6. Purpose of Processing Your Personal Information

EL TONYS AUTO will only process your data for legitimate, lawful purposes tied directly to our business operations. These purposes include:

• Validating your identity and verifying your transactions in compliance with the Financial Intelligence Centre Act (FICA).
• Processing vehicle applications, drafting Offers to Purchase, and arranging registration and licensing with authorities.
• Acting as an authorized intermediary to submit credit applications to registered banking institutions under the National Credit Act (NCA).
• Assessing your current vehicle's history, condition, and encumbrances for accurate trade-in valuations.
• Managing on-site test drives and maintaining safety tracking logs to manage risk and insurance responsibilities.
• Sending requested stock inventory updates, automotive deals, and newsletters. You may withdraw marketing consent at any time without affecting any existing contractual relationship.

7. Disclosure and Sharing of Personal Information

We do not sell, rent, or trade your personal data to external third parties for profit. We share your information strictly with trusted entities necessary to finalize your transaction, including:

• Registered financial service providers and banks evaluating your vehicle asset credit application.
• Government departments, including the Department of Transport and electronic eNaTIS registration agents, to transfer vehicle title.
• Underwriters and administrators providing your optional, extended aftermarket mechanical breakdown warranties, vehicle insurance brokers, or tracking device fitment companies.
• Technology service providers, website hosting providers, payment processors, and software providers assisting us with operational functions.
• Law enforcement authorities, tax agencies, or regulatory bodies where we are legally compelled to do so by a court order or statutory mandate.

8. Data Retention and Storage

We retain your personal information only for as long as is necessary to achieve the purposes for which it was collected, or as required by applicable laws and regulations. This includes:

• Transactional Records: Vehicle purchase records, OTPs, and finance applications are retained for a minimum period of 5 (five) years as required by South African tax and financial regulatory requirements.
• FICA Records: Identity verification documents and FICA records are retained for a minimum period of 5 (five) years from the date of the last transaction, as mandated by the Financial Intelligence Centre Act.
• Marketing Data: If you have consented to receive marketing communications, we will retain your contact details until you withdraw your consent, which you may do at any time.
• Technical Data: Website logs and analytical data are retained for a maximum period of 12 (twelve) months for operational and security purposes.

After the applicable retention period expires, your personal information will be securely deleted, anonymized, or archived in accordance with our data retention policies. We implement appropriate technical and organizational measures to safeguard your data against unauthorized access, loss, destruction, or damage, including encryption, access controls, and regular security assessments.

9. Your Rights Under POPIA

As a data subject, you have the following rights under POPIA, which EL TONYS AUTO fully respects and upholds:

• Right to Access: You may request a copy of the personal information we hold about you. We will respond to such requests within a reasonable time, subject to applicable legal exemptions.
• Right to Rectification: If you believe that any personal information we hold about you is inaccurate, incomplete, or out of date, you have the right to request that we correct or update it.
• Right to Deletion / Erasure: You may request that we delete or destroy your personal information in certain circumstances, such as when it is no longer necessary for the purpose for which it was collected, or when you withdraw your consent and there is no other legal basis for processing.
• Right to Object / Withdraw Consent: You have the right to object to the processing of your personal information for direct marketing purposes at any time. You may also withdraw your consent to any processing that relies on your consent, without affecting the lawfulness of processing based on consent before its withdrawal.
• Right to Complain: If you believe that we have violated your privacy rights, you have the right to lodge a complaint with the Information Regulator of South Africa (IRSA).

To exercise any of these rights, please contact our Information Officer at compliance@eltonysauto.co.za. We will respond to your request within a reasonable timeframe and in accordance with POPIA's requirements.

10. Security Measures

EL TONYS AUTO takes the security of your personal information seriously. We have implemented appropriate technical and organizational security measures to protect your data from unauthorized access, accidental loss, destruction, or damage. These measures include:

• Encryption: All data transmitted through our website is encrypted using SSL/TLS protocols.
• Access Controls: Access to personal information is restricted to authorized personnel who require it for legitimate business purposes.
• Regular Security Audits: We conduct periodic reviews of our security practices to ensure ongoing compliance and identify potential vulnerabilities.
• Data Breach Protocols: In the event of a data breach, we have response procedures in place to mitigate the impact and notify affected individuals and the Information Regulator as required by law.

11. Third-Party Websites

Our website may contain links to third-party websites, including those of financial institutions, insurers, and regulatory bodies. These links are provided for your convenience and reference only. EL TONYS AUTO does not control and is not responsible for the privacy practices or content of such third-party websites. We encourage you to review the privacy policies of any external sites you visit.

12. Marketing Communications

With your explicit consent, we may send you marketing communications regarding vehicle stock updates, special promotions, dealership news, and automotive industry insights. You may withdraw your consent at any time by:

• Clicking the "unsubscribe" link included in every marketing email we send.
• Sending a written request to info@eltonysauto.co.za or compliance@eltonysauto.co.za.
• Contacting us via telephone at +27 81 496 6261.

We will process your opt-out request promptly and ensure that your personal information is no longer used for marketing purposes. Please note that withdrawing your marketing consent will not affect the processing of your information for transactional or legal compliance purposes.

13. Cross-Border Data Transfers

In certain circumstances, we may transfer your personal information to third-party service providers located outside South Africa, such as cloud hosting providers or international software platforms. Where such transfers occur, we ensure that appropriate safeguards are in place to protect your data, including:

• Ensuring the recipient country has adequate data protection laws, as determined by the Information Regulator.
• Implementing binding contractual clauses that require the recipient to adhere to POPIA's data protection standards.
• Obtaining your explicit consent where required by law.

You have the right to request further details about any cross-border data transfers and the safeguards implemented to protect your personal information.

14. Minors and Children's Privacy

EL TONYS AUTO does not knowingly collect or process personal information from persons under the age of 18 (eighteen) years without the consent of a parent or legal guardian. If we become aware that we have inadvertently collected personal information from a minor without appropriate consent, we will take steps to delete such information promptly. By providing personal information to us, you confirm that you are at least 18 years old or have obtained the necessary consent from a parent or legal guardian.

15. Updates to This Privacy Policy

EL TONYS AUTO reserves the right to update, modify, or replace this Privacy Policy at any time. Any changes will be effective immediately upon posting the updated policy on our website. We will indicate the "Last Updated" date at the top of this page. We encourage you to review this page periodically to stay informed about how we are protecting your personal information. Your continued use of our website or services after any changes to this Privacy Policy constitutes your acceptance of the updated terms.

16. Contact Information

If you have any questions, concerns, or requests regarding this Privacy Policy or how we handle your personal information, please contact us at:

• Email: info@eltonysauto.co.za
• Phone: +27 81 496 6261
• Address: 284 Flamingo Street, Lenasia, Johannesburg 1821
• Information Officer: compliance@eltonysauto.co.za

We aim to respond to all privacy-related queries within 2 (two) business days. If you are not satisfied with our response, you have the right to escalate the matter to the Information Regulator of South Africa at:

• Website: www.inforegulator.org.za
• Phone: +27 12 406 4818
• Email: complaints@inforegulator.org.za