PRIVACY POLICY

Last Updated: June. 13, 2024

Privacy Policy

Toyota Connected Africa (Pty) Ltd respects your right of privacy and your right to control your personal data. We are committed to processing personal data fairly and lawfully.

We take appropriate measures to safeguard personal data against access or amendment by unauthorized persons, and to prevent its unlawful loss, damage or destruction.

We encourage you to read our Data Protection Policy available here.

The Data Protection Policy is supported by procedures and standards that are based on best practice. These are reviewed regularly and, where necessary, are improved to combat ever- changing cyber risks.

You may contact our information officer at informationofficer.popia@toyota.co.za with queries that you may have relating to your personal data and we will respond to you promptly. 

Data Protection Policy

TCA respects the privacy of data subjects and complies with data protection legislation governing the processing of personal information.

This policy describes the principles governing the processing of personal information by TCA.

This policy applies to all personal information processed in the course of TCA business.

Unless inconsistent with the context, the words and expressions in the policy (and procedures, standards and guidelines supporting the policy) have the meanings assigned to them in the TCA Glossary of Terms.

TCA:

5.1  is accountable for and processes personal information in compliance with the conditions and principles governing its lawful processing;

5.2  collects personal information for specific, explicitly defined and lawful purposes and does not further process personal information in a manner that is incompatible with those purposes;

5.3  only processes personal information that is adequate, relevant and not excessive for the purpose of the processing;

5.4  processes personal information transparently to the data subject and in a manner that is fair and does not infringe the privacy of the data subject;

5.5 does not process personal information unless it is lawfully justified to do so. Where it relies on the justification of consent, the consent granted by the data subject will be indicated by a clear affirmative action expressing specific consent, freely given, providing an unambiguous indication of the data subject’s wishes;

5.6  collects personal information directly from the data subject unless it is permitted by law to collect the information from other sources;

5.7  takes appropriate measures to safeguard the integrity and confidentiality of personal information and to prevent its loss or damage, unlawful access and unauthorised destruction;

5.8  by written contract, binds third parties processing personal information on its behalf, to establish and maintain appropriate security safeguards as well as comply with the principles set out in this policy;

5.9  provides timely notification to data subject and data protection authorities of a compromise of the data subject’s personal information;

5.10  processes personal information transparently to the data subject and takes reasonably practicable steps to ensure that the information is accurate and kept up to date;

5.11 permits and assists data subjects to access their personal information and corrects or deletes information that is inaccurate;

5.12 assists data subjects who object to the processing of their personal information;

5.13 retains personal information for the periods required by law, contracts with third parties or reasonably required for business purposes, but not for any longer than is necessary to achieve the purpose for which the personal information was collected and processed;

5.14 avoids processing special personal information and children’s information unless necessary and authorised to do so;

5.15  will not use personal information for the purpose of unsolicited electronic communication, nor for automatic decision-making, without the consent of the data subject;

5.16 only transfers personal information across borders to jurisdictions that effectively uphold the principles and conditions governing the protection of personal information established in the Republic of South Africa, alternatively if the data subject has consented to the transfer.

6.1 The governing body of TCA has appointed a Data Protection Committee to oversee data protection at TCA.

6.2 The Data Protection Committee requires all TCA employees, agents or invitees to uphold its data protection policy.

6.3 The TCA CEO has appointed an Information Officer and delegated to the Information Officer the authority to fulfil the duties and responsibilities required in relevant legislation and regulation.

7.1 The policy (and the procedures, standards and guidelines supporting the policy) is reviewed by the TCA Data Protection Committee regularly, and at least once in each year.

7.2 Reviews and any revisions of the policy (and the procedures, standards and guidelines supporting the policy) will be recorded in an Approval and Revision History filed with this policy.

7.3 Compliance with this policy (and the procedures, standards and guidelines supporting the policy) is monitored and subject to audit.

 Terms & Conditions

We, Toyota Connected Africa ("TCA") operate this website and the conduct of visitors to the website is governed by these terms.

2. Agreement By You

 

When you browse the website please familiarise yourself with the terms that apply to its use.

Before using any of the interactive features on the website and interacting or sharing any information with us please read these terms and the information about “Privacy” and “Cookies”. If you use the features and share information with us, you agree to these terms and terms describing how we process personal and other information provided to by you.

We may make changes to our terms and will display these when the terms become effective. If you use the features and share information with us after the changes become effective, you will be agreeing to be bound by the changed terms.

If you disagree with our terms, please leave the website.

3. TCAs Responsibilities

 

We provide information about TCA, products supplied by TCA or its associates, and TCA services.

We strive to ensure the information is accurate but cannot guarantee this. If you wish to use information provided on our website, you should verify the accuracy of the information with the persons or entities that you may communicate with to provide TCA products or services to you.

We are not responsible if you rely on information published on our website that you fail to verify.

If prices are quoted on the website these are intended for your convenience or as in invitation to do business. They do not contractually bind TCA or any of its associates.

We provide the website “as is” and intend that it is accessible 24 hours every day. If the website is not accessible for any reason, including routine maintenance, or a decision made by TCA (for instance to update or replace features on the website), we are not responsible to you if you rely on the website being accessible.

Enquiries about the website or the products and services displayed on the website are facilitated at https://www.toyota.co.za/enquiry.

4. Your Responsibilities

 

We consent to your use of the website subject to your respecting these terms and other visitors to the website using the features provided.

If you are under the age of 18 years you may browse the website but please do not communicate with us or provide us with any personal information.

You are not obliged to share information with us, but should you share information you are responsible for ensuring that you are lawfully entitled to do so.

If you share any personal information with us, you must do so lawfully and, if sharing of the information requires a third party’s consent, you are responsible for obtaining their consent.

In using the website, we expect you to:

comply with the law

not disrupt the operation of the website or features

not disrupt the use of the website by other visitors

not use any technologies in conjunction with the website without TCAs prior written consent

not willfully communicate inaccurate, defamatory or abusive information

not copy parts of this website or information published on the website and publish the copied information, unless it is for your personal use, alternatively you have the prior written consent of TCA to do so

If you fail to comply with these terms, we may withdraw our consent to your using the website and take appropriate steps to prevent your future use. If your conduct constitutes a criminal offence we may, to protect our and any other visitors’ rights, be obliged to report your conduct to the relevant authorities.

5. Intellectual Property

 

Unless otherwise indicated, the Website is our intellectual property, the Content and Marks are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of South Africa, foreign jurisdictions, and international conventions.

Unless otherwise agreed by the Parties, you retain all intellectual property rights in the information that you may communicate to us and in providing the information to us, consent to our using the information for the purposes indicated by us.

We will, on written request and within a reasonable time, return your information to you unless we are lawfully entitled or obliged to retain the information.

The provision by you of information (particularly personal information) of a third party does not allow you to claim ownership or any other right in the third-party information provided.

6. Third Party Links And Content

 

We may provide links from our website to third party owned and operated websites or social media platforms.

The terms governing the use of these websites or platforms will probably differ from these terms and we take no responsibility for the operation of the websites or platforms, the content displayed or how shared information (including personal information) may be processed.

We are not responsible for your viewing or using the websites and platforms and encourage you to read the terms governing their use to protect yourself against any content or use of your information that is unacceptable to you.

7. Limits To Our Liability And Indemnity

 

We provide the website with reasonable care and skill and in a professional manner.

Other than what is contained in these terms we make no representations and provide no guarantees to you. All other guarantees that may be implied by law or otherwise are excluded, unless applicable law prevents their exclusion.

By using the website you agree that you have accepted that our liability to you is limited and you will have no claim against us for any loss you may suffer as a result of using the website.

You indemnify (or promise to protect) us against any claim, made by you or a third party, related to your access to or use of this website and agree to pay any legal fees on the scale as between attorney and client should it be necessary for us to defend the claim.

8. Governing Law

 

These terms are governed by the law of the Republic of South Africa.

9. Disputes

 

9.1. If you are unhappy with the content displayed on the website or our operation of the website, please communicate your complaint to Informationofficer.paia@toyota.co.za.

9.2. If your complaint relates to the processing of your personal information, please communicate your complaint to TCAs Information Officer at Informationofficer.popia@toyota.co.za.

9.3. We will take reasonable steps to resolve your complaint within a reasonable time.

9.4. In the event that the complaint referred to in clauses 9.1 and 9.2 above results in a further dispute, or any dispute arises from this Policy and the dispute has not been settled within 30 business days, then the dispute must be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (or its successor in title) (“AFSA”). The Parties agree that the arbitration shall be held in Johannesburg.

9.5. The Arbitrator must be selected by agreement between the Parties, or if the Parties fail to agree, the secretariat of AFSA shall select and appoint the arbitrator.

9.6. The arbitrator shall be, if the matter in dispute is principally: a legal matter, a practicing advocate or attorney of at least 15 (fifteen) years’ standing; an accounting matter, a practicing-chartered accountant of at least 15 (fifteen) years’ standing; and any other matter, any suitably qualified independent person, agreed upon between the Parties to the dispute within 5 (five) Business Days after the arbitration has been demanded.

9.7. The Arbitrator's decision is final and binding on the Parties who must give effect to the decision immediately.

9.8. The Arbitrator's costs are payable by the party determined by the Arbitrator or, in the absence of a determination, equally by the Parties.

9.9. This clause 9 shall not preclude any Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator. The Parties hereby consent to the jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg, in respect of the proceedings referred to in clause 9.8 above.

10. Severability

 

If a competent court or authority deem any provision of these terms of use as unlawful or unenforceable, the other provisions will continue to have effect. If an unlawful or unenforceable provision would be lawful or enforceable, if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

11. Exclusion Of Third-Party Rights

 

These terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use are not subject to the consent of any third party.

12. Entire Agreement

 

These terms and conditions, together with our “Privacy” and ”Cookies” constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of our website.