Privacy Policy

1. Introduction

1.1. This Privacy Policy is to be read as if specifically incorporated into the Terms of Service.

1.2. Capitalized terms herein shall bear the same meaning as construed in the above Terms of Service unless indicated otherwise.

2. Privacy Policy

2.1. For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”) and in accordance with the definition of Personal Data in Article 4(1) of the General Data Protection Regulation GDPR (EU) 2016/679. MotorGalore also subscribes to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We use all reasonable measures to ensure the quality, accuracy, and confidentiality of Personal Information in our possession.

2.2. In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorized access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% secure.

2.3. When making use of the Website, Users may be asked to provide the following information (Personal Information):

• First name;
• Surname;
• Company name;
• Vehicle information (year, make, model, color, mileage, etc.);
• Email;
• Phone number;
• Credit card information.

2.4. We will attempt to limit the types of Personal Information we process to only that to which you consent (e.g., online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, MMS, and other mobile services), but, to the extent necessary, your agreement to this Privacy Policy constitutes your consent as contemplated in section 69 of the Act and/or Article 7 of the GDPR (whichever is applicable). Where necessary, we will seek to obtain your specific consent in future instances should we deem same required by law and where your consent herein might not be lawfully sufficient.

2.5. All payment information will be captured through the Website and stored by an outside third-party payment processor. Further, MotorGalore shall not retain payment information on behalf of its Users.

2.6. We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs) except with your specific consent or in circumstances permitted by law.

2.7. By agreeing to the terms contained in this Privacy Policy, you consent to the use of your Personal Information in relation to:

• The provision and performance of the Services;
• Informing you of changes made to our Website;
• The provision of marketing-related services to you, on an opt-in basis, by MotorGalore, such as, but not limited to, the subscription to the MotorGalore newsletter;
• Responding to any queries or requests you may have;
• Developing a more direct and substantial relationship with Users for the purposes described in this clause;
• Developing an online User profile;
• If you are a Seller (as defined in the Terms of Service) of a vehicle, making your submitted Personal Information available to prospective Purchasers;
• If you are a Dealer or Group (as defined in the Terms of Service), making your submitted Personal Information available to prospective Purchasers;
• If you are a Purchaser (as defined in the Terms of Service), making available your submitted Personal Information to Sellers once you have shown interest in a prospective vehicle in an Advert (as defined in the Terms of Service) on the Website;
• Understanding general User trends and patterns so that we can develop and support existing and ongoing marketing strategies;
• For security, administrative, and legal purposes;
• The creation and development of market data profiles which may provide insight into market norms, practices, and trends to help us improve our offering to you. Such information will be compiled and retained in aggregated form but shall not be used in any way which may compromise the identity of a User;
• Conducting market research to measure user experience, dealer performance, vehicle preferences, and consumer trends.

2.8. Although absolute security cannot be guaranteed on the internet, MotorGalore has in place up-to-date, reasonable technical and organizational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction, or against unauthorized disclosure or access to the information we process online.

2.9. While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.

2.10. We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction by means of ensuring that standard data protection clauses are enforced as envisaged by the GDPR.

2.11. Your information will not be stored for longer than is necessary for the purposes described in this Privacy Policy or as required by applicable legislation.

2.12. The Personal Information MotorGalore collects from Users shall only be accessed by MotorGalore employees, representatives, and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons, alternatively, such Personal Information as is available publicly on the Website to prospective Purchasers and Sellers.

2.13. MotorGalore shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to MotorGalore for publishing on the Website. You shall be solely responsible for the contents of all material published by yourself.

2.14. We constantly review our systems and data to ensure the best possible service to our Users. We do not accept any Users, or representatives of Users, under 18 years of age or who otherwise do not have the relevant capacity to be bound by this Privacy Policy.

2.15. You hereby consent to the sharing of your Personal Information to third parties, Sellers, and Purchasers as and when required by the Website, but in accordance with your specific, informed consent, in the instances listed in clauses 2.7.7 to 2.7.9 above. We will not use your email address for unsolicited mail. Any emails sent by MotorGalore will only be in connection with the provision of our Services and/or the marketing thereof.

3. Log Files

3.1. When you visit MotorGalore, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the Website from which you visit us, the pages on our Website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within MotorGalore on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different from that stated above, without your explicit permission.

4. Cookies

4.1. MotorGalore uses cookies. A cookie is a small piece of information stored on your computer or smartphone by the web browser. The three types of cookies used on the Website are described below:

• 4.1.1. “Session cookies”: These are used to maintain a so-called ‘session state’ and only last for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally but are not used in any way to identify you personally.
• 4.1.2. “Third-Party cookies”: Third-party vendors with whom we contract may use cookies to serve a User adverts based on a User’s prior visits to the Website or User-based browser analytics.
• 4.1.3. “Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual User. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the Website to work but may enhance your browsing experience.

5. Links from MotorGalore

5.1. MotorGalore, and the Services available through the Website, may contain links to other third-party websites, including (without limitation) social media platforms, payment gateways, and/or live chat platforms (“Third Party Websites”). If you select a link to any third-party website, you may be subject to such third-party website’s terms and conditions and/or other policies, which are not under the control, nor responsibility, of MotorGalore.

5.2. Hyperlinks to third-party websites are provided “as is,” and MotorGalore does not necessarily agree with, edit, or sponsor the content on third-party websites.

5.3. MotorGalore does not monitor or review the content of any third-party website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices or content of other websites.

5.4. Users should evaluate the security and trustworthiness of any third-party website before disclosing any personal information.Your Rights

6.1. A User has the rights to:

6.1.1. of access to their Personal Information stored and processed by us. This may be done by emailing us at the address referred to in clause 7.8 below;

6.1.2. to rectification of Personal Information that we hold on a user’s behalf, in instances where such Personal Information is incorrect or incomplete;

6.1.3. of erasure of Personal Information (“right to be forgotten”) if such information is no longer needed for the original processing purpose, alternatively if a user withdraws their consent and there is no other reason or justification to retain such Personal Information, further alternatively, if a user has objected to such Personal Information being processed and there is no justified reason for the processing of such Personal Information;

6.1.4. to restrict/suspend processing of Personal Information to only that which is strictly necessary for us to perform our services to you;

6.1.5. if we breach any of the terms of this Privacy Policy, to complain to the requisite data protection authority in their territory;

6.1.6. to withdraw their consent at any time, if processing of Personal Information is based on consent;

6.1.7. to object to processing of Personal Information, if such processing is based on legitimate interests; and

6.1.8. to object to the processing of Personal Information for direct marketing purposes.

7. Application of the Electronic Communications And Transactions Act 25 Of 2002 (“ECT Act”)

7.1. Data Messages (as defined in the ECT Act) will be deemed to have been received by MotorGalore if and when MotorGalore responds to the Data Messages.

7.2. Data Messages sent by MotorGalore to a User will be deemed to have been received by such User in terms of the provisions specified in section 23(b) of the ECT Act.

7.3. Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between Users and MotorGalore.

7.4. Information to be provided in terms of section 43(1) of the ECT Act:

7.4.1. Users warrant that Data Messages sent to MotorGalore from any electronic device, used by such User, from time to time or owned by such User, were sent and/or authorised by such User, personally.

7.4.2. This Website is owned and operated by Hivotopia(Pty) Ltd, a private company owned and operated in accordance with the laws of the Republic of South Africa.

7.5. Address for service of legal documents: 1 Vlam Crescent, office G1 Vlam Crescent Office Park. Newcastle 2940

7.6. Contact Number: 087 148 1337.

7.7. MotorGalore – located at www.motorgalore.com;

7.8. Email address: sales@motorgalore.com.