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Legal information

TERMS OF USE

PRIVACY POLICY AND DATA PROTECTION

DIRECT MARKETING

SOCIAL MEDIA

CONSUMER PROTECTION

ACCESS TO INFORMATION

TERMS OF USE

 

1.       Introduction

1.1.    Thank you for accessing and using the Website of Peugoet Citroën South Africa (Proprietary) Limited, registration number 2001/023277/07.  In this Website we refer to Peugoet Citroën South Africa (Proprietary) Limited as: "Citroën" or "we" or "us" or “our” or “PCSA” and and as a party accessing and using this Website reference is made to “you” or “user”.

1.2.    By using this Website, you agree to be bound by these terms of use. These terms of use become effective when you access this Website for the first time and constitute a binding agreement between us and you, which will always prevail. If you do not agree to the terms and conditions please discontinue your access or use of the Website.

 

1.3.    The access to the services offered by this Website are provided to you on an "as is" and "as available" basis and free of charge, except where another agreement between us stipulates the contrary.

 

2.       Status of Website

 

2.1.    We will use our best efforts to maintain the quality of the services offered by this Website, but you should not assume that the Website is error free or that it will be suitable for the particular purpose which you have in mind when using it.

 

2.2.    We, however, provide the information without any warranty, express or implied. We accordingly accept no liability arising from the information being unsuitable for any specific purpose, outdated, inaccurate or incomplete.

 

2.3.    The information, products and opinions expressed on the Website are of a general nature and should not be regarded as advice. We will not be liable for any loss or damage arising from access to or the use of this Website or the information, content, materials or products appearing on this Website or any links to this Website.

 

3.       Product Information

 

3.1.    The specifications contained on the Website are an overview intended for awareness purposes only and subject to change without notice.

 

3.2.    Dimensions, capacities and performance specifications apply to standard vehicles. For current information and applicable specifications please contact us at the contact details set out in Part G below or your nearest authorised dealer.

4.       Prices

 

4.1.    All prices shown are recommended retail prices which are not binding on our authorised dealers or us.

 

4.2.    The recommended retail price includes VAT but excludes dealer delivery and related charges.

5.       Intellectual Property

 

5.1.    We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the Website.

 

5.2.    You are only authorised to view and download one copy to a local hard drive or disk, print and make copies of such printouts, provided that:

 

5.2.1.the material is for personal use and not for any commercial purposes;

 

5.2.2.any reproduction of our proprietary material from the Website or portion of it must include our copyright notice in its entirety;

 

5.2.3.you do not distort or otherwise modify the proprietary information in a manner that may be prejudicial to us.

 

5.3.    The logos, trademarks, tradenames shown on the Website are our registered and unregistered intellectual property or that of third parties from whom we have the necessary permission to use the intellectual property. Nothing on this Website should be construed as granting you any license or right to use any trademark without our prior written permission and/or that of third parties, as the case may be.

 

5.4.    We are  the owner of the "Citroën.co.za" domain. No other person or entity has any right to use the aforesaid domain. Should you be contacted by or come across any website (other than this one) purporting to be the official website of Citroën, please report this to the contact details set out in Part G below.

 

5.5.    If you submit any content to this Website, you grant us by the submission of such content a transferable, perpetual, worldwide and royalty free license to use the content in any manner whatsoever. If the intellectual property rights of any content submitted by you is owned by a third party, you undertake to notify us immediately of the situation and you indemnify us upon submission against any claims that such third party may bring against us for the use of third party content submitted to the Website by you.

 

6.       Links to other websites

 

6.1.    Our Website, related websites and our mobile app may have links to or from other websites.

 

6.2.    We try to link only to websites that also have high privacy standards, however we are not responsible for their security, privacy practices or content.

 

6.3.    A link from our Website to any other website does not mean that we have scrutinised or endorsed the owners or administrators of the websites or their business or security practices and operations.

 

6.4.    We recommend that you always read the privacy and security statements on these linked websites.

 

6.5.    Nobody may establish a hyperlink, frame, meta tag or similar reference, whether electronically or otherwise to this Website or any subsidiary pages before receiving our prior written approval from us.

7.       Monitoring of electronic communications

 

7.1.    We communicate with you through different methods and channels such as email, text message (SMS), social media platforms, on our mobile app, amongst others.

 

7.2.    If permitted by applicable laws, we may record and monitor electronic communications to make sure that they comply with our legal and regulatory responsibilities and internal policies.

 

8.       Limitation of Liability and Disclaimer

 

8.1.    You use the Website at your own volition and risk.

 

8.2.    We shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of accessing and using the Website, utilising any service offered on the Website or relying on any information contained on the Website for any reason whatsoever including but not limited to any injury, loss or damage suffered.

 

8.3.    In particular we will not be held liable for the destruction or accessing of your data or equipment, or the data or equipment belonging to any third party used by you to access the Website.

 

9.       Indemnity

 

By accessing the Website, you hereby indemnify us, our directors, employees, our authorised dealers, agents and service providers against any demand, claim or action for either direct, indirect, punitive or consequential damages against us relating to or in connection with your use or accessing of the Website.

 

10.   Governing law

 

South African law shall apply to this entire Website.

 

11.   General Matters

 

11.1 .  We may amend the Website from time to time.

 

11.2 .  By repeatedly accessing the Website, you are bound to the version of the conditions

   published at the time of any visit to the Website.

 

11.3 .  If any provision of this entire Website is found 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

                  affected.

 

       11.4.  The contravention of the conditions contained in the Website entitles us to take legal action

                  without prior notice to you and you agree to reimburse the costs associated with such legal

                  action to us on an attorney and client scale.

PRIVACY POLICY AND DATA PROTECTION

 

1.       Introduction

 

1.1.    We strive to ensure that our use of the Personal Information of users of 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 Citroën Website Privacy Policy and Data Protection (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 a 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 to access the Website (e.g. a tablet or smart phone, and which type of device), 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 “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.

 

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 and for internal purposes like improving the functionality of the Website, keeping a database of users, and maintaining a record of your access to the site. We may contact you through various media including by telephone, post, email, SMS or MMS. Telephone calls to and from Citroën and our authorised 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 local and international group of companies (“our Group”), with companies providing a service to us such as our agents and subcontractors, or with our authorised 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 not 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 with us or engage with us via social media;

 

3.1.4.from our network of authorised dealers;

 

3.1.5.from our Group or our carefully selected business partners who provide products and services under one of our brands;

 

3.1.6.occasionally from other third parties who may lawfully pass your information on to us;

 

3.1.7.from our Group websites, mobile sites, mobile apps, and other channels;

 

3.1.8.from publicly available sources, such as credit reporting and government agencies.

 

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.

 

4.3.    The one manner in which you give your consent to us is through our product and services agreements.

 

4.4.    We will only disclose your personal information without your consent if:

 

4.4.1.we are obligated to provide such information to a third party for legal or regulatory purposes;

 

4.4.2.we are required to provide such information for purposes of existing or future legal proceedings;

 

4.4.3.we are involved in an activity to prevent fraud, loss, bribery or corruption;

 

4.4.4.we have a legal and public duty to disclose the information;

 

4.4.5.we are selling one or more of our businesses to someone to whom we may transfer our rights under any customer agreement we have with you;

 

4.4.6.our or your legitimate interests require disclosure.

 

4.5.    Without your Personal Information, we may not be able to provide or continue to provide you with the products or services that you need.

 

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 meet our responsibilities to you and to manage any information, products and/or services that you have requested;

 

5.2.2.to identify other products and services which might be of interest to you and to inform you about our products and services;

 

5.2.3.to retain and make information available to you on the Website;

 

5.2.4.maintain and update our customer, or potential customer, databases;

 

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

 

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

 

5.2.7.for general administration purposes;

 

5.2.8.for legal or contractual purposes;

 

5.2.9.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;

 

5.2.10.    to help us recover debts;

 

5.2.11.    to conduct market research surveys, research and development;

 

5.2.12.    communicate with you and keep a record of our communications with you and your    

                             communications with us;

 

5.2.13.    inform you about any changes to this Privacy Policy or other changes which are

    relevant to you;

 

5.2.14.    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;

 

5.2.15.    to analyse and compare the kinds of Access Devices that you and other users make

    use of and where you are using them; and

 

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

 

5.3.    If you purchase our products from our authorised dealer or have your vehicle repaired at an authorised repair centre or otherwise give your information to such entity, you will have a separate relationship with the entity in relation to its use of your personal information. Please note that our authorised dealer and authorised repair centre are separate legal entities to us. If you have any queries relating to our authorised dealerships or authorised repair centres use of your personal information, you must contact the relevant entity directly.

 

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 authorised dealers, 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 Group and affiliates;

 

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 reasonable 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.    Whilst our security systems are designed to prevent loss, unauthorised destruction, damage and/or access to your personal information from unauthorised third parties but even by taking the above measures when processing Personal Information, we do not guarantee that your Personal Information is totally secure.

 

9.       Cookies

 

9.1.    We use cookie technology on the Website.

 

9.2.    A cookie is a small text file stored on your device by our Website. A cookie helps our Website to remember information about your device and how you use the Website. We use this information to make your visit to our site as easy and useful as possible. The cookie is sent to our computer each time you visit our Website.

 

9.3.    Cookies make it easier for us to give you a better experience online.

 

9.4.    You can limit the collection of your information by disabling cookies on your browser. You may also be able to modify your browser settings to require your permission each time a site attempts to set a cookie. However, if you choose not to accept cookies it may result in a reduced availability of the services provided by our web site.

 

10.   Retention of your Personal Information

 

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

 

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

 

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

 

10.1.3.    we reasonably need it for evidentiary purposes; or

 

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

 

11.   Keeping your Personal Information updated and correct

 

11.1 . Where required by law, we take reasonable steps to ensure that your Personal Information   

  is accurate, complete, not misleading, and up to date.

 

11.2. You are responsible for informing us of any change in your details, such as a change of

          address. You have a right to ask us to correct any inaccuracies in the information we hold

          about you. If your personal information changes at any time or our records appear to be

          incorrect, please inform us immediately by notifying us at the contact details set out in

          “Queries and Contact Details” in Part G below in order that we may update

                 or correct our records.

 

      11.3  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.

 

12.   Children

 

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

 

13.   Changes to this Privacy Policy

 

13.1 . 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 email or by placing a notification on the Website.

 

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

  Website.

 

14.   Openness and Data Subject Participation

 

14.1  You have a right to ask what information we hold about you. For this and a request to correct   your personal information held by us, please refer to the Promotion of Access to Information Manual (“PAIA manual”) in part F in terms of the Promotion of Access to Information Act 2 of 2000 for the process to be followed or contact us at the contact details set out in Part G below.

 

14.2  Should you have questions, complaints or objections regarding the processing of your personal information, please contact us at the contact details set out in Part G below, or refer to the PAIA manual.

DIRECT MARKETING AND ELECTRONIC MARKETING

1. We may send you marketing communications (“direct marketing communications”) primarily for the purpose of directly marketing our products, services and special offers to you by email, text message (SMS), social media platforms, on the mobile app and other.

 

2. We will only send you marketing communications if you give us your agreement to do so.

 

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

 

4. Your participation in marketing communications is completely voluntary. Should you not consent to the receipt of marketing communications, you can inform us at any time and we will discontinue providing you with marketing communications.

 

5. Please note that fraudulent emails do get sent by senders that pretend to act on our behalf. It may be claimed in such emails, for example, that you have won a prize or that you should send or confirm personal information by email, including but not limited to, your name, address, passwords or financial information. If you receive an email of this nature from someone pretending to be from PCSA or our authorised dealer, which asks you to provide or confirm personal information, do not respond to it or make any payments. It is most likely to be a fraudulent email, the sole purpose of which is to receive your personal information or any payment.

 

6. You may take action as you deem fit but we recommend that you add the sender of the fraudulent email to your blocked email or spam email list. You are requested to bring such conduct to our attention immediately by reporting the incident at the contact details set out in Part G below.

 

7. If you wish to opt out of such marketing communications, please make use of the “Unsubscribe” option available on the relevant communication or contact us at the contact details set out in “Part G below below.

SOCIAL MEDIA

1. We operate and communicate through our designated channels, pages, and accounts on some social media sites to inform, help and engage with you.

 

2. We monitor and record comments and posts made about us on these channels so that we can improve our products and services.

 

3. The general public can access and read any information posted on these sites.

 

4. We are not responsible for any information posted on those sites other than the information posted by our designated officials.

 

5. We do not endorse the social media sites themselves, or any information posted on them by third parties or other users.

 

6. You are entirely responsible for all content that you access, upload and post.

 

7. When you engage with us through social media the site owner may process your personal information. The processing of your Personal Information under these circumstances is outside our control and may be in a country outside South Africa that may have different privacy laws.

 

CONSUMER PROTECTION ACT  AND PROTECTION OF PERSONAL INFORMATION ACT

1. If you are a consumer, as defined in the Consumer Protection Act 68 of 2008 ("CPA"), we have a duty to point out certain important terms to you.

 

2. The paragraphs which contain these important terms and the reasons why they are important are set out below:

 

2.1.    Limitation of risk, legal responsibilities and liability. The “PRIVACY POLICY AND DATA PROTECTION” clause 8 and clause 2.3 of the “TERMS OF USE” section above 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.

 

2.2. Assumption of risk, legal responsibilities and liability by you. Clause 8 of the “TERMS OF USE” is 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.

 

2.3. Acknowledgements of fact by you. The “PRIVACY POLICY AND DATA PROTECTION” clause 8 and clause 2.3 of the “TERMS OF USE” section above 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.

 

3. If any part of the Privacy Policy is regulated by or subject to the 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.

 

4. No provision of the Privacy Policy:

 

4.1.    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;

 

 

4.2. 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

 

4.3. limits or excludes any warranties or obligations which are implied into 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.

ACCESS TO INFORMATION

1. According to the Promotion of Access to Information Act 2 of 2000 (“PAIA”), our records may be accessible to a requester under certain circumstances.

 

2. If you wish to request access to our records in terms of PAIA, you can download the the “PAIA Manual” (download) which explains PAIA and the categories of information held by Citroën and the prescribed “PAIA Request Form” (download).

 

3. You may complete the form and return it to any of the addresses given in the PAIA Manual. 

 

QUERIES AND CONTACT DETAILS

 

If you have questions about Part A to F and in particular our Privacy Policy or wish to contact us or wish to unsubscribe from any material received from us if your unsubscribe attempt has not been successful, 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.

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