FCA SOUTH AFRICA (PTY) LTD

PRIVACY POLICY

Our Privacy Statement

FCA South Africa (Proprietary) Limited, registration number 1997/014154/07 ("FCA" or "we" or "us" or "our") includes many different brands, namely Fiat, Fiat Professional Jeep, Alfa Romeo and Abarth. We are an automobile manufacturer who, including but not limited to, sell, provide services and parts for motor vehicles.

We understand the importance of protecting your privacy. This Privacy Policy sets out what we do with any personal Information we collect and process about you or that you provide to us, how we use and process this information, when you use the Website, the Mobile Application, our call centres, your attendance at our dealerships, or any other interaction with us.

In this Privacy Policy, “Personal Information" refers to any information which may be used to identify you or is held in association with information that can 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, email address or phone number).

This Privacy Policy complies with the provisions of the Protection of Personal Information Act, 4 of 2013 (“the Act”) and represents our commitment to complying with its obligations under the Act.

Please read this Privacy Policy carefully to understand our views and practices regarding your Personal Information and how we will treat it.

Processing of Personal Information

Depending on how you use our services, we process your Personal Information through the www.fiat.co.za, www.jeep.co.za, www.fiatprofessional.co.za and www.alfaromeo.co.za sites (the "Website"), our Mobile Applications, our call centres, your attendance at our dealerships, or any other interaction with us which is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our product and service offerings, the Website, the Mobile Application and your experience on the Website, Mobile Application and us in general.

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 when you use a third-party website or platform to provide us with your information, that information may also be collected and processed by that third-party. The Privacy Policy of the third-party will then apply to any information the third-party may collect. If our Website contains any links to other websites, we are not accountable for their Privacy Policies and practices as we do not control those websites.

Information We Collect and How We Collect Information

We as the Responsible Party 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. By accepting these terms, we strive to improve our users' experience.

We may receive Personal Information about you or from you in several ways. We collect Information when you:

access, or use the Website;

submit a query via the Website;

create an account;

request a test drive;

phone us or exchange or send us correspondence;

submit Personal Information to us for any other reason, or authorize third parties to do so;

call us and our dealers may be recorded and monitored for security purposes and to assist with staff training, under our quality control procedures;

send information within our chat function, post or similar functionality; and

access the Website or Mobile Application, we collect information through analytical tools.

Information collected by us depends on how you use our services, Website and mobile application. Personal information that may be collected includes, but is not limited to:

Your name and surname, email address and phone number, home address, or postal address;

Your IP address, unique device identifier, the nature of the devices which you use (e.g. a computer, a tablet or smart phone), the geographic location from which you access the Website or Mobile Application (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes; and

Server logs (i.e. our web servers automatically record and maintain a log of their activities when users), which may include your "site activity information", such as details of how, when and for how long you accessed and used the Website or Mobile Application and other site traffic and use information 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.

By using this Website, you consent to the transfer of personal information.

Cookies

Our Website and/or App makes use of “cookies”. Cookies are small text files that are stored when you visit Websites and/or Apps. We use cookies to see how you interact with us and our platforms and to improve your experience when visiting our Website and/or App.

We do not use information collected by cookies to personally identify you. We allow you to accept or deny cookies when you visit our Websites and/or App. Once you accept our cookies notice, you consent to our use of information collected by our cookies.

Cookies are generally used on most websites to improve the users experience by determining preferences and for functionality. If you deny or disable cookies, you may limit your access to certain features on our Website and/or App.

How We Use Your Information

Your information is collected for the following reasons:

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

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

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

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

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;

to conduct market research surveys, research and development;

communicate with you and keep a record of our communications with you and your communications with us;

inform you about any changes to this Privacy Policy or other changes which are relevant to you;
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;

to analyse and compare the kinds of Access Devices that you and other users make use of and where you are using them;

for other purposes relevant to our business activities, provided they are lawful; and

for marketing research (including participating in surveys), product analysis and development, sales tracking, or to contact you for marketing or promotional purposes. We may contact you through various media including by telephone, post, email, SMS, or multimedia messaging service.

Sharing Information

As a company, we include many different brands (“Our Group”). We may share your personal information with other entities within our international group of companies, with companies providing a service to us or Our Group including agents and subcontractors, or with our dealers. However, such entities and persons will only use your personal information for the purposes set out above. Please note that, other than the third-parties listed above, we will not disclose your personal information to any other third-party whatsoever without your consent and we will never sell your personal information.

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.

Once information has been shared with another company, that company is now the Responsible Party of that information and as such information falls under their Privacy Policy and practices.

Your information may be shared under the following circumstances:

to our agents, advisers, service providers and suppliers which have agreed to be bound by this Privacy Policy;

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. For protection, 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;

to our affiliates, which includes our holding companies and subsidiaries;

in order to enforce or apply any contract between you and us;

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;

to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents or any other third-party;

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:

comply with the law or with any legal process;
protect and defend the rights, property or safety of us, or our customers, employees, contractors, suppliers, service providers, agents or any third-party;
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;
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).

Cross Border Flow of Information

We may share your Information with Our Group which means we will share your Personal Information to our international group in foreign countries.

We may transfer to and/or store your Information to companies for the purposes of collection provided in this Privacy Policy in Our Group in foreign countries. We will ensure that such jurisdictions have adequate levels of protection with regards to the protection of Personal Information or data legislation. If the location that 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 steps to ensure that your Personal Information is adequately protected in that jurisdiction.

In order to ensure the protection of your privacy and Personal Information when transferring and storing your information, we will only do so if we have your consent and are bound by contract.

Social Media

When you use social media forums such as Facebook, Twitter, Pinterest, Instagram, LinkedIn, etc., it is important to familiarise yourself with how these forums allow you to share your data and personal information. We recommend that you read and understand the Privacy Policies, Terms of Use and Data Protection Information of such social media forums.

Depending on your privacy settings on social media forums, we may receive personal information or data regarding your social media profiles and online activities.

Security

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.

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 within our sector.

Even by taking the above measures when processing Personal Information, we cannot guarantee that our security considerations are 100% successful.

In the event of a data breach which in any way compromises or might compromise your personal information, we will notify you in accordance with our data breach policy. If you have any reason to believe that your interaction with us is no longer secure, please immediately notify us using the Contact Details below.

Data Retention

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

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

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

we reasonably need it for evidentiary purposes; or

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

Minors

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

Direct Marketing

When you provide us with your personal information, you may agree to receive marketing communications from us.

You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing.

You may opt out of receiving direct marketing communications from us at any time by requesting us (in the manner set out in the communication or by contacting us at the contact details set out below) to desist from initiating any direct marketing to you.

If you have opted out, we may send you confirmation of receipt of your opt-out request, and not send you any further direct marketing communications.

Changes to our Privacy Policy

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.

You are encouraged to check the Website regularly for updates to this Policy.

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

Your Rights

We take reasonable steps to ensure that your Information is accurate, complete, not misleading, and up to date.

The following rights are afforded to you in terms of the protection of Personal Information:

You may request access to your personal information;

You may withdraw your consent (opt-out) to our use of your personal information;

You may request to correct or change your personal information so that it is accurate and up-to-date;

You may request that we delete your personal information; or

Lodge a complaint with us, however, if you are not happy with how we handle the process, you may lodge a complaint with the Information Regulator.

Governing law

South African law applies to this Privacy Policy and any dispute or claim arising from this Privacy Policy.

Disclaimer

The use of our Website and/or App is at your own risk. If any risk or loss arises from the use of our Website and/or App or dependency on information on our Website and/or App, you will take responsibility.

We take all reasonable steps to make sure any information and/or content on our Website and/or App is correct and clear. However, we make no representations or warranties (express or implied) as to the functionality, standard, availability, accessibility, and accuracy of our Website and/or App or any correctness of content and information of our Website and/or App. We will not be bound if any representations or warranties are made on our Website and/or App or by our representatives.

If any damage, loss or expenses (direct or indirect), whether consequential in nature, arising out of or in connection with your access and use of the Website and/or App, we will not be liable unless otherwise provided by law.

General

If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of a competent jurisdiction the offending provision shall be deemed severable from the remaining terms of this policy and deleted. The unaffected portions of this Policy will continue to be in full force and effect and the remainder of the provisions will not be prejudiced.

If we or you do not enforce any right in terms of this Policy, it will not constitute a waiver of that right.

Contact Us

If you have questions about our how we collect and process information, our Privacy Policy, wish to contact us, or any information we have about you is incorrect, incomplete, misleading or out of date, please notify us using contact details set out below. Please contact us at privacysouthafrica@fcagroup.com.

If you have any queries regarding the access to, correction or deletion of your personal information that we hold, please access our PAIA Manual.