Privacy Policy

1. Introduction

Trade-Marc ("we", "us", "our") is a pre-owned motor vehicle dealership and finance facilitation business based in Ballito, KwaZulu-Natal, South Africa. We are committed to protecting the privacy and personal information of our customers, website visitors, and applicants in accordance with the Protection of Personal Information Act, 4 of 2013 ("POPIA"), the Consumer Protection Act, 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act, 25 of 2002 ("ECTA"), and the Promotion of Access to Information Act, 2 of 2000 ("PAIA").

This Privacy Policy explains what personal information we collect, why we collect it, how we use it, who we share it with, how long we keep it, and the rights you have in respect of your personal information. By using our website at www.trade-marc.co.za (the "Website") or submitting an enquiry or finance application to us, you consent to the practices described in this Policy.

2. Definitions

• "Personal Information" means information relating to an identifiable, living natural person or existing juristic person, as defined in POPIA.
• "Special Personal Information" means personal information concerning a data subject's religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric information, or criminal behaviour.
• "Processing" means any operation or activity concerning personal information, including collection, use, storage, sharing, or deletion.
• "Data Subject" means the person to whom the personal information relates.
• "Information Officer" means the person designated by us to handle access requests and POPIA compliance.
• "Responsible Party" means the entity that determines the purpose and means of processing personal information — in this case, Trade-Marc.

3. Responsible Party

Trade-Marc is the Responsible Party for the purposes of POPIA and is responsible for the personal information processed through this Website and our business operations.

4. Information Officer

Our Information Officer is responsible for overseeing our POPIA compliance and handling any requests you may make regarding your personal information. You may contact our Information Officer using the details below.

Contact Details

• Trade-Marc
• 4 Rehan Park (Lower Level), 3 Garlicke Drive, Ballito, KwaZulu-Natal, South Africa
• Telephone: 032 061 1182
• Email (Information Officer): info@trade-marc.co.za
• Website: www.trade-marc.co.za

5. Types of Personal Information Collected

We collect and process the following categories of personal information, depending on your interaction with us:

5.1 Vehicle Enquiry Information

When you enquire about a vehicle, we collect your name, contact number, email address, and any message or preferences you provide regarding the vehicle of interest.

5.2 Finance Application Information

When you submit a finance application, we collect your full names, surname, identity number, mobile number, email address, residential address, province and town, employment status, monthly income, monthly budget, credit score range, and indications of whether you can provide supporting documents (payslips, bank statements, ID copy, driver's licence).

5.3 Customer Contact Information

When you contact us or are contacted by us, we record your name, telephone number, email address, and the content of your communications for service quality and record-keeping purposes.

5.4 Identity Verification Information

To comply with our legal obligations and process finance applications, we may collect a copy of your South African ID document, driver's licence, and proof of address, as well as payslips and bank statements.

5.5 Website Analytics

We may collect aggregated and, where consent is given, individualised information about how you use our Website, including pages visited, time spent, referral source, and similar usage data.

5.6 Cookies

We use cookies and similar technologies on our Website. Please refer to our Cookie Policy for full details.

5.7 Device Information

We may collect information about the device you use to access our Website, including device type, operating system, and screen resolution, to ensure compatibility and improve user experience.

5.8 IP Addresses

We collect your IP address for security, fraud prevention, and analytics purposes. IP addresses may be treated as personal information depending on the circumstances.

5.9 Browser Information

We collect browser type, version, and language preferences to optimise how our Website is displayed to you.

6. How Personal Information is Collected

We collect personal information through the following means:

• Directly from you when you complete forms on our Website, enquire about a vehicle, submit a finance application, or otherwise correspond with us.
• Automatically through cookies, analytics tools, and server logs when you visit our Website.
• From third parties such as finance providers, credit bureaus, and vehicle information services, where necessary to process your application or verify information you have provided.

7. Purpose of Processing

We process your personal information for the following purposes:

• To respond to vehicle enquiries and provide information about vehicles and finance.
• To process and assess finance applications and submit them to finance providers.
• To conduct credit checks and verify identity as part of the finance process.
• To communicate with you about your application, vehicle selection, and delivery.
• To deliver marketing communications where you have consented.
• To maintain records required by law, including the National Credit Act, the Companies Act, and tax legislation.
• To improve our Website, products, and services.
• To prevent fraud and protect the security of our business and customers.

8. Legal Basis for Processing under POPIA

We process your personal information on the following lawful bases:

• Consent — where you have given consent, for example for marketing communications and non-essential cookies.
• Contract — where processing is necessary to take steps to enter into or perform a contract with you, such as processing a finance application or vehicle sale.
• Legal obligation — where we are required to process information by law, such as record-keeping under the National Credit Act or tax legislation.
• Legitimate interests — where processing is necessary for our legitimate business operations, such as fraud prevention and website security, and does not override your rights.

9. Marketing Communications

Where you have consented, we may send you marketing communications about vehicles, finance offers, and promotions. You may withdraw your consent and opt out of marketing at any time by using the unsubscribe link in our emails, replying "STOP" to SMS messages, or contacting our Information Officer.

9.1 Email Marketing

We may send you promotional emails where you have consented. Every marketing email includes an unsubscribe option.

9.2 SMS Marketing

We may send SMS marketing messages where you have consented. You can opt out by replying "STOP" at any time.

9.3 WhatsApp Communications

Where you provide your WhatsApp number and consent, we may use WhatsApp to communicate with you about your enquiry or application, and for marketing where consented. You can request that we stop using WhatsApp at any time.

9.4 Telephone Calls

We may telephone you to discuss your enquiry, application, or for service follow-up. Marketing calls are made only where you have not opted out.

10. Third-Party Service Providers

We share personal information with trusted third parties who help us operate our business. These parties are contractually required to protect your information and process it only for the purposes we specify.

10.1 Google Analytics

We use Google Analytics to understand how visitors use our Website. Google may collect and process data, including IP addresses. Google Analytics only loads when you have granted analytics consent. See Google's Privacy Policy.

10.2 Meta Pixel

We may use the Meta Pixel to measure the effectiveness of advertising on Facebook and Instagram. The Meta Pixel only loads when you have granted marketing consent. See Meta's Privacy Policy.

10.3 Third-party Advertising Platforms

Where consented, we may use third-party advertising platforms to display relevant advertisements to you across the web.

10.4 Payment Providers

Where payments are processed on our Website, we use secure payment providers (such as Stripe) that process payment data in accordance with PCI-DSS standards. We do not store your full card details.

10.5 Finance Providers

To process finance applications, we share your personal information with banks and finance houses, who process it under their own privacy policies and the National Credit Act.

10.6 CRM Systems

We use a customer relationship management system to manage enquiries, applications, and communications. Personal information is stored securely within this system.

10.7 Hosting Providers

Our Website is hosted by a cloud hosting provider that stores and serves the Website. Hosting providers may process limited personal information for security and operational purposes.

11. Cross-Border Data Transfers

Some of our service providers (such as Google, Meta, and our hosting provider) may process personal information outside of South Africa. We take reasonable steps to ensure that such transfers comply with POPIA, including only transferring to countries that provide an adequate level of data protection or under appropriate contractual safeguards.

12. Data Security Measures

We implement appropriate technical and organisational measures to protect your personal information against loss, unauthorised access, alteration, or disclosure. These include encryption in transit, access controls, regular security reviews, and staff training. However, no method of transmission or storage over the internet is completely secure, and we cannot guarantee absolute security.

13. Data Retention

We retain your personal information only for as long as necessary to fulfil the purposes for which it was collected, including to comply with legal, accounting, or reporting requirements. Finance application records are retained in accordance with the National Credit Act and the South African Revenue Service requirements. Marketing consent records are retained until you withdraw consent. When information is no longer required, we delete or anonymise it.

14. Children's Privacy

Our Website and services are not directed at children under the age of 18. We do not knowingly collect personal information from children. If you believe a child has provided us with personal information, please contact our Information Officer so we can delete it.

15. Your Rights under POPIA

You have the following rights regarding your personal information:

• Access — to request confirmation of whether we hold your personal information and a copy of it.
• Correction — to request correction of inaccurate or incomplete personal information.
• Deletion — to request deletion of your personal information where it is no longer necessary or was processed unlawfully.
• Objection — to object to the processing of your personal information for direct marketing or on other grounds.
• Withdrawal of consent — to withdraw consent previously given, at any time and free of charge.
• Complaint — to lodge a complaint with the Information Regulator if you believe your rights have been infringed.

16. Access Requests

To exercise any of your rights, please contact our Information Officer at info@trade-marc.co.za. We will respond to your request within a reasonable period, not exceeding 30 days, and may require verification of your identity.

17. Complaints Procedure

If you have a complaint about how we handle your personal information, please contact our Information Officer. We will investigate and respond to your complaint. If you are not satisfied with our response, you may lodge a complaint with the Information Regulator:

• Information Regulator (South Africa)
• Address: JD House, 33 Stiemens Street, Braamfontein, Johannesburg, 2001
• Postal: PO Box 31533, Braamfontein, 2017
• Complaints email: complaints@inforegulator.org.za
• Website: www.inforegulator.org.za

18. Changes to this Policy

We may update this Privacy Policy from time to time. The "Last Updated" date at the top of this page indicates when the Policy was last revised. We encourage you to review this Policy periodically. Continued use of our Website after changes indicates your acceptance of the updated Policy.