CORPORATE
Privacy Policy
Kia South Africa (Proprietary) Limited, Registration Number: 1968/003273/07 (“Kia South Africa”) recognises that privacy is important. We are committed to maintaining the privacy and security of the users of our website’s personal and private information (“user information”) submitted to Kia South Africa via the www.Kia South Africa.co.za website (“the/this website”). This Privacy Policy applies to all our Services, Products and our website and outlines Kia South Africa’s practices and commitment to the users of our website (“users”) in this regard. This policy must be read with the terms and conditions of the User Agreement that is incorporated into this policy. If you have any questions about this Privacy Policy, please feel free to contact us through our website or write to us at: kiasa@kia.co.za.

1. USER’S CHOICE

The user always has the choice whether to provide Kia South Africa with certain user information via the website. Please note however that the withholding of certain details may limit the services Kia South Africa is able to provide.

2. PROTECTION OF USER PRIVACY AND USER INFORMATION

The user always has the choice whether to provide Kia South Africa with certain user information via the website. Please note however that the withholding of certain details may limit the services Kia South Africa is able to provide.

a. What is user information?

User information refers to personal and private information submitted to Kia South Africa via the website that identifies or relates to a user, whether the user is an individual or a business. This information includes details such as name, age, ID numbers, Registration Numbers, addresses and other contact details, income and payment records and financial information.

b. Why does Kia South Africa collect user information?

Kia South Africa uses user information to identify the customer and to offer better online service. User information is also necessary to enable Kia South Africa to contact the user in the event of any query. Kia South Africa further uses user information to bring to the user’s attention details of Kia South Africa’s other services and products. The more Kia South Africa knows about you, the better we can serve you.[THIS INFORMATION MAY ALSO BE REQUIRED AS A RESULT OF STATUTORY OR PROCEDURAL OBLIGATIONS, E.G. FOR VEHICLE REGISTRATION OR COMPLIANCE WITH FAIS AND FICA]

c. You can help to maintain the security of your user information by:

i. not sharing your user ID or password with anyone;

ii. changing your user password regularly;

iii. remembering to sign off after using the website services;

iv. not leaving the user’s computer unattended while conducting online transactions;

v. helping Kia South Africa to maintain accurate records by informing Kia South Africa when changes occur in the user’s information enabling us to update our records accordingly;

vi. not sending any confidential information via non-encrypted e-mail;

vii. not supplying your user information to any site you doesn’t know or trust.

3. DISCLOSURE OF USER INFORMATION

a. The only instances in which Kia South Africa will share user information with other companies or individuals outside of Kia South Africa, is when:

i. we have your consent. In respect of marketing services or products, consent to collect or use information can be expressed (for example signing an agreement) or implied (for example if the user is given an opportunity to opt out of a specific form of information sharing, but choose not to do so, it implies that the user chooses to share this information.

ii. we provide such information to our subsidiaries, affiliated companies or other trusted business or persons for the purpose of processing user information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

iii. We have reasonable belief that access, use, preservation or disclosure of such information is reasonable necessary to: satisfy any applicable law, regulation, legal process or enforceable governmental request; enforce applicable terms of service, including investigation of potential violations thereof; detect, prevent, or otherwise address fraud, security or technical issues; or protect against harm to the rights, property or safety of Kia South Africa, the users or the public as required or permitted by law. iv. Kia South Africa may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular term, for example, or how many users clicked on a particular advertisement. Such information does not identify the user individually.

v. Other companies routinely contact Kia South Africa for user information. Kia South Africa will, however, only share user information in the instances where disclosure is made at the user’s request or with the user’s consent

vi. Credit Reference Agencies. Information about a user’s personal debt owed to Kia South Africa may be disclosed to credit reference agencies, where the user has fallen behind with payments and has not made proposals satisfactory to Kia South Africa for repayment of debt following formal demand or where the user has given Kia South Africa written consent or where the user has a cheque referred to drawer, the information is placed on a cheque verification service. The User hereby consents that, and authorizes Kia South Africa or its agent to, at all times: contact, request and obtain information from any credit provider (or potential credit provider) or registered credit bureau relevant to an assessment of the behavior, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the User; furnish information concerning the behavior, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the User to any registered credit bureau or to any credit provider (or potential credit provider) seeking a trade reference regarding the User’s dealings with Kia South Africa.

b. The type of user information the user will be asked to provide will vary according to the product or services required.

4. COLLECTING OF INFORMATION AND HOW SUCH INFORMATION IS USED

a. Kia South Africa offer a number of services that do not require you to register for an account or provide any personal information to us, such as a product search. In order to provide our full range of services, we may collect the following types of information:

i. Information you provide

When the user signs up for a Kia South Africa Account or other service or promotions that require registration, we ask for personal information (such as your name, email address and a user password). For certain services, we also request payment account information which we maintain in encrypted form on secure servers. Kia South Africa may combine the information the user submit under the user’s account with information from other Kia South Africa services or third parties in order to provide the user with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.

ii. Cookies

When the user visits the website, Kia South Africa send one or more cookies – a small file containing a string of characters – to your computer or other device that uniquely identifies your browser. This data is stored on the user’s browser. The cookie is sent back the Kia South Africa web-server each time the user visits the website. Cookies are not computer programs and do not run on a computer like programs do. It cannot gather information or function independently and cannot collect any personal information about the user or the user’s machine and cannot gather data or information about what the user does on the Internet. Cookies merely enable Huyndai to provide a more valuable online experience to the user. Kia South Africa use cookies to improve the quality of service, including for storing user preferences, improving search results and ad selection, and tracking user trends, such as how users search. While the user can set up his / her Internet browser to disable cookie technology, Kia South Africa does not recommend that the user does this since some parts of this website and Kia South Africa’s online services are cookie enabled. Kia South Africa cannot be held liable for a user’s personalized information changing or being deleted as a result of the user’s disablement or deletion of cookies.

iii. Log Information

When the user access Kia South Africa services, our server automatically record information that the user’s browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

iv. User Communications

When the user sends email or other communications to Kia South Africa, we may retain those communications in order to process the user’s inquiries, respond to the user’s requests and to improve our services. Kia South Africa may use user information to send the user information on new services or products that may be of interest to the user and from time to time will mail, e-mail or SMS information to the user about Kia South Africa Internet access or Kia South Africa, products and services or on the Associated Motor Holdings Group of Companies (of which Kia South Africa forms part) and its products or services. The user will have the option to indicate that he/she does not want to receive such specific product communications in future, at time of receipt of the communication. The user will, however, continue to receive other product information until the option to not receive future communications has again been selected for such specific product. Please note that regular non-encrypted e-mail is not secure. For this reason Kia South Africa will not include confidential information in an e-mail response.

v. Affiliated Kia South Africa Services on other sites

Kia South Africa offer some of our services on or through other websites. Personal information that the user provides to those sites may be sent to Kia South Africa in order to deliver the service. We process such information under this Privacy Policy. The affiliated sites through which our services are offered may have different privacy practices and Kia South Africa encourages users to read their privacy policies.

vi. Gadgets

Kia South Africa may make available third party applications through its services. The information collected by Kia South Africa when you enable a gadget or other application is processed under this Privacy Policy. Information collected by the application or gadget provider is governed by their privacy policy.

vii. Links

Kia South Africa may present links in a format that enables us to keep track of whether these links have been followed. Kia South Africa uses this information to improve the quality of our search technology, customized content and advertising.

viii. Other sites

This Privacy Policy applies to Kia South Africa services only. We do not exercise control over the sites that include Kia South Africa applications, products or services, or links form within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you

b. Kia South Africa only processes personal information for purposes:

i. described in this Privacy Policy and / or the supplementary privacy notices for specific services;

ii. of providing our services, including the display of customized content and advertising;

iii. of auditing, research and analysis in order to maintain, protect and improve our services;

iv. of ensuring the technical functioning of our network;

v. of protecting the rights or property of Kia South Africa or the users of the website; and

vi. of developing new services.

5. INFORMATION SECURITY

a. Kia South Africa takes appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

b. Kia South Africa restricts access to personal information to Kia South Africa employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations.

6. DATA INTEGRITY

Kia South Africa processes user information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under this Policy. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but depend on the users to update or correct their user information whenever necessary.

7. ACCESSING AND UPDATING PERSONAL INFORMATION

When using Kia South Africa services, we make reasonable efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We request individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such request, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete user information.

8. CHANGES TO PRIVACY POLICY

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent, and we expect most such changes to be minor. Regardless, we will post any Privacy Policy changes on this page, and if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). Each version of this Privacy Policy will be identified at the top of the page by its effective date, and we also keep prior versions of this Privacy Policy, if any, in an archive for your review.
BEE In Brief
BEE is essentially a growth strategy to redress the disproportion of wealth distribution in South Africa’s economy. It is a Government initiative to help and support designated groups in South Africa which has suffered from a disadvantage prior to 1994. This initiative is driven by legislation and regulation. The BEE Act of 2003 was used as framework for the Codes of good practice issued by the Department of trade and industry to encourage and measure Broad Based Black Economic Empowerment within all government bodies, public and private organizations.

Click HERE to download our BEE Certificate.
Terms and Conditions
  1. DEFINITIONS
    1. “Company” means Kia South Africa;
    2. “POPI” means the Protection of Personal Information Act 4 of 2013;
    3. “Personal Information” means information relating to an identifiable, living, natural person and where applicable, an identifiable, existing juristic person including but not limited to information relating to race, gender, sex, marital status, religion, age, physical address, sexual orientation;
    4. “Processing” means any operation or activity or any set of operations whether or not automatic by means of collection, receipt, recording, storage, updating, modification;
    5. Online services” means Kia South Africa’s website and any other service offered by Kia South Africa through electronic means including but not limited to online portals, electronic billing platforms and interactive customer tools and shall include the content and information provided or exchanges as part of such services.
    6. “ECTA” means Electronic Communication Transaction Act 25 of 2002;
    7. “User, you/your” means any person who enters or uses the Kia South Africa website and online services, notwithstanding the fact that such person only visits the home page of Kia South Africa website or online service portals.
    8. “COOKIES” means a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are;
    9. “Intellectual Property” means patents, trademarks, service marks, registered designs, trade secrets and other confidential information, goodwill, know-how.
  2. ACCEPTANCE OF TERMS
    1. Access to and the use of our website which gives a User access to certain of our services and our associated domains https://www.kia.co.za and the content, data, services and products made available on or via Website, is subject to the following terms and conditions;
      1. If you agree to use these Terms as an individual you must be at least 18 years old and otherwise of legal age to form a binding contract;
      2. By accessing the website and/or using any services which are accessed using the website, you agree to be bound by these terms;
      3. If you are acting on behalf of a business or institution, you will be responsible for ensuring that (a) you have the authority to bind that business or institution to these terms and your agreement to these terms will be treated as the agreement of the business or institution (b) and any individual or entity to whom you provide access to the Website is made aware and complies with these terms.
      4. By using this website in any way, you shall be deemed to have accepted all the Terms unconditionally and agree to be bound by them.
      5. If you do not agree to the Terms, you must promptly discontinue your access or use.
      6. Kia South Africa may, at any time, without notice and at it its sole discretion, revise, interrupt, terminate, modify these terms and conditions by updating them, accordingly you should periodically visit this page to review the current terms and condition. Any change will become effective upon publication on this website.
      7. By continuing to use the online services you agree and understand that you will be bound by the amended terms and conditions.
  3. MISUSE STATEMENT
    1. Kia South Africa reserves the right to prevent access to this Website if you misuse it in any manner. Prevention of access shall be at our sole discretion and in addition to any other rights we may have arising from misuse of the Website.
  4. PROPRIETARY RIGHTS
    1. All Intellectual property on our website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licenced to Kia South Africa as such, are protected from infringement by domestic and international legislation and treaties. The User acknowledges Kia South Africa’s proprietary rights in and to such intellectual property and that importantly the website and its content are protected as collective works and/or compilations pursuant to copy rights.
    2. Accessing this website does not grant you a licence, right and interest in the above website.
    3. Nothing in this Agreement shall operate to transfer rights in and to the website, including but not limited to, the content and any errors contained therein. intellectual property referred to in clause 4.1 above or give rise to any implied rights in respect of such intellectual property in favour of any User and or third party.
    4. The User is granted a non-exclusive, non-transferable, revocable limited licence to access and use the website and content and in particular the intellectual property rights, provided that such access and us is strictly in accordance with these Terms.
  5. ACCURACY OF THE CONTENT
    1. Kia South Africa does not guarantee, represent and endorse the accuracy, reliability, completeness, adequacy and currency of the website and the content or materials on the website.
    2. The content is not intended to and does not constitute legal advice nor does it constitute an offer for the sale of any particular goods or services.
    3. The website including all content, materials and information is made available on an “AS IS, AS AVAILABLE” basis without warranty of any kind.
    4. Kia South Africa and its affiliates make no representations or warranties of any kind whatsoever for the content on this website or for any products or services of third parties or for breach of any security associated with the transmission of sensitive information through this website.
    5. Kia South Africa and its affiliates does not warrant that the functions contained on the website or any material or content contained therein will be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available is free of viruses or harmful components and will not be liable for the use of this industrial disputes or any other cause beyond our control.
  6. SECURITY
    1. All reasonable steps will be taken to secure User information however Kia South Africamakes no warranties or representations in this regard.
    2. While Kia South Africa has implemented appropriate and reasonable security technologies and practices, please be aware that any internet communications are insecure unless they have been encrypted and/or appropriate security safeguards implemented, accordingly Kia South Africa assumes no responsibility/ liability of any nature whatsoever for interception or loss of personal information beyond our control.
  7. INDEMNITY
    1. You hereby indemnify Kia South Africa, its affiliates and all its directors, partners, officers, employees, (collectively the “Indemnifies Parties”) harmless for and against any and all liability and costs incurred by the Indemnified Parties in connection with any claims arising out of the use of this website and any breach by you of any terms and conditions.
    2. You shall cooperate as fully as reasonably required or requested in defence of any claim.
    3. Kia South Africa shall not be liable for failure to perform any obligations as a result of technical problems relating to the website, act of God, government control restrictions or prohibitions or other government Act or omission whether local or national, act of default of any supplier, agent or sub-contractor, the computer, hardware, software, lines and account to access the website. industrial disputes or any other cause beyond our control.
    4. Furthermore Kia South Africa shall not be responsible for direct, indirect, special, punitive, incidental or consequential damages, or damages for loss of profit, loss of revenue, loss of use or any other commercial damages arising out of the use, reliance on, inability to use, data that is linked or related in any way to this Website.
  8. EXTERNAL LINKS
    1. Kia South Africa does not represent, warrant endorse or hold responsibility over any external sites that may be linked to and from this website. Any external site that you visit by clicking through a link on this site is outside the control of Kia South Africa and you visit entirely at your own risk.
    2. Kia South Africa shall not be liable in any manner whatsoever for any damage, loss liability, costs or expense whether direct or indirect or any consequential nature that resulted from use and access to external sites and the content on such target sites and you indemnify Kia South Africa against loss, liability, damage that may result from the use of the content from Kia South Africa’s website and online services if such content was accessed through a hyperlink not directed at the home page of Kia South Africa’s website and/ or online services. Kia South Africa’s non-liability for deep linking is based on the fact that deep links by pass these terms and conditions.
  9. SOFTWARE DISCLAIMER
    1. It is the responsibility of the user to acquire, maintain, at his own expense, the computer, hardware, software, lines and account to access the website.
    2. Kia South Africa cannot accept responsibility for any disruption, damage, and/or loss of data on your computer system that may occur while using the software.
  10. PRIVACY STATEMENT
    1. Kia South Africa shall take all reasonable steps to protect the Personal Information of users and is committed to respecting the privacy of your Personal Information.
    2. By utilising this website and choosing to provide us with your Personal Information, you consent to the collection, processing, use and storage of your Personal Information and to the extent permitted by law, to sharing of your Personal Information with an affiliate Party.
    3. For Purposes of these terms and conditions “Personal Information” shall be defined as detailed in the Protection of Personal Information Act 2013. As and when necessary Kia South Africa may electronically store, disclose and/or use the following of our Personal Information, name and surname, contact numbers, geographical location, IP address, identity number, age, email address and any other information which you could provide to us through this website.
    4. Your Personal information detailed is collected and/or stored either electronically by the use of “cookies” or is provided voluntarily with your knowledge and consent.
    5. for the purposes of informing or sending information to you about any new services or products offered by us, which we consider may be of interest to you, we will comply with the direct marketing provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing.
    6. By using the online services and our website you understand that we may, where necessary and where permitted by law, monitor your browser habits, online chat or e-mails for business purposes, including for purposes of quality control, training, marketing and improving the online services. We agree that it will not disclose any personal information that could be used to identify you. We reserve the right to amend this privacy statement if required to do so due to a change in any personal information or privacy laws.
  11. DISCLOSURE REQUIRED BY SECTION 43 OF THE ECTA
    1. Access to the services, content, software, downloads available from the online services may be classified as “Electronic Transactions” as defined in terms of the ECTA and you therefore may have rights detailed in the ECTA, accordingly Kia South Africa provides the following;
      1. Kia South Africa, including full business name; contact details, registration number, physical address, email address).
    2. Alternative dispute resolution, subject to urgent and /or interim relief, all disputes regarding access to online services, the inability to access online services, the service content available from online services or these terms and conditions shall be referred to info@kia.co.za.
    3. You may return goods and services as defined in the ECTA, the CPA and the Kia South Africa policies.
  12. COOKIES
    1. We use cookies on our website and we use the word cookies to refer to information that is sent from this website to your drive, where it is saved and which contains information to personalize your experience on this website, in this way next time you use this website, we will know who you are and that you have visited this website before. We use the following cookies;
      1. Third Party Cookies, these are used to track when advertisements are clicked on by users and to control how often a particular advert is shown;
      2. Session cookies, which are temporary cookie file of your browser until you leave the site, these allow you to carry information across pages of our site and avoid having to re-enter information.
      3. Persistent cookies, which remain in the cookie file of your browser for much longer. They allow us to match your preferred interests or to avoid showing you the same advert repeatedly.
      4. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. If you do not accept cookies you may not be able to use some portions of our site.
  13. CHANGES AND AMENDMENTS
    1. To the extent permitted by law Kia South Africa expressly reserves the right in its sole and absolute discretion to any of the following at any time without prior notice/justification:
      1. Change terms and conditions;
      2. Change the content and/or services available from website;
      3. Discontinue any aspect of the website or services available from the website;
      4. Change software and hardware required to access the website and use of the website.
  14. NOTIFICATION OF HOW WE PROCESS PERSONAL INFORMATION ITO SECTION 18 OF PROTECTION OF PERSONAL INFORMATION ACT 4 of 2013.
    1. Method of Collection;
      We collect your Personal Information from when you make use of our website. We may also collect data from 3rd Parties to validate information provided to us.
    2. Consequences of Failure to Provide Information to us;
      If requested information is voluntary information, which is not supplied by yourself, we or 3rd Party suppliers may not be able to offer certain services to you. Mandatory information may be required in order to comply with legislative requirements and failure to do so may result in us being unable to conclude any transaction or offer any services to you.
    3. Lawful Basis for Processing;
      We will only process your Personal Information in circumstances where we have a lawful basis for doing so, where we are the Responsible Party.
    4. Purposes for Processing Data;
      We collect, process and store personal information in order to process orders, instructions, requests and to communicate requested information to you, respond to queries or complaints submitted by you, compile non-personal statistical information about browsing habits, click patterns and access to online services.

      We may also collect non-personal information for an example, your IP address, the date and time of your visit to our website and browser history, to recognise your during any subsequent visit to our website and/or use of the online services. Kia South Africa owns and retains all rights to non-personal statistical information collected and compiled by us.
    5. Retention of your Personal Information;
      We are permitted to retain your personal information for as long as it is necessary in order to achieve the purpose for which we collected same or where the law requires us to retain your information. Notwithstanding the aforesaid, we will immediately cease use and delete your personal information should you so require.
    6. Data Processing outside the Republic of South Africa; Your Personal Information will be processed in South Africa and we apply generally accepted information security practices to protect your Personal Information. Where we share your information with a third party, we conclude written contracts with them that requires them to implement and maintain the security measure necessary to protect the information.
    7. Your Rights;
      1. Subject to applicable laws and regulations, you own your Personal Information and you may exercise a number of rights, including but not limited to the right;
        1. to be informed whether your personal information is being processed;
        2. to be informed of the purpose of processing your Personal Information;
        3. to be informed about third parties that your Personal Information was disclosed to (locally or internationally);
        4. to request correction of inaccuracies in the records containing your Personal Information and deletion and destruction of your Personal Information;
        5. to object to processing your Personal Information;
        6. To withdraw your consent to the processing of your Personal Information
        7. To raise a complaint to the Information Regulator or any other approved competent authority if you are of the opinion that the processing of your information is unlawful.
        8. Contact info@kia.co.za for any complaints or queries with regards to your rights
  15. DOMICILIUM CITANDI ET EXECUTANDI
    1. For the purposes of these Terms and Conditions, the Company chooses as their domicilium citandi et executandi there address as set out hereunder:
      1. The Company Kia South Africa
    2. Any notice to the company shall be addressed to it at its domicilium aforesaid and either sent by electronic mail or delivered by hand. In case of any notice:
      1. delivered by electronic mail, it shall be deemed to have been received on the date of transmission; and
      2. delivered by hand, it shall be deemed to have been received, unless the contrary is proved, on the date of delivery, provided such date is a business day or otherwise on the next following business day.
  16. GENERAL
    1. These Terms and Conditions constitute the whole agreement between the Parties and no Party shall be bound by any representations, warranties, undertakings or the like not recorded herein.
    2. No addition to or variation, consensual termination or novation of these Terms and Conditions, and no waiver of any right arising from these Terms and Conditions shall be valid or enforceable unless it is in writing.
    3. No indulgence which may be granted herein shall constitute a waiver of any of our rights.
    4. These Terms and Conditions shall be governed and interpreted in accordance with South African Law.
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