PRIVACY STATEMENT

1.1 In our continued commitment to protect individual and corporate Personal Information, we as Nissan South Africa Proprietary Limited ("Nissan/we/us/our") have compiled this Privacy Statement ("Statement") to set out our Processing activities and to ensure compliance with the applicable laws and regulations when Processing your Personal Information. We will only Process your Personal Information in accordance with this Statement and the Applicable Legislation.

1.2 We recognise that everyone has the right to privacy which includes protection against the unlawful collection, retention, dissemination and use of Personal Information. Consequently, this Statement sets out to achieve the following –

1.2.1 establish the principles that govern the lawful processing of Personal Information and promote ethical standards including, but not limited to, protecting confidential information, guarding against security threats and maintaining best practices;

1.2.2 provide a description of how we will collect, Process and store your Personal Information as well as your rights in relation thereto;

1.2.3 protect the Personal Information rights of Nissan, our Employees, customers, and partners and/or affiliates;

1.2.4 clarify the practices and procedures that will enable us to monitor and audit compliance with the Statement and set out the consequences of non compliance; and

1.2.5 minimise the inherent risks of non compliance, including but not limited to reputational damage and regulatory sanctions.

1.3 This Statement is not intended to reproduce laws or regulations but rather set out guidelines for our conduct in any operations which involve the Processing of your Personal Information.

This Statement applies to –

2.1 Nissan and all our approved Dealers across South Africa;

2.2 all of our Employees and/or volunteers (which includes potential employees and/or volunteers) where applicable;

2.3 all of our customers (which includes potential customers);

2.4 all of our suppliers and service providers (which includes potential suppliers and service providers); and

2.5 any other natural or juristic person who interacts with us through our Dealers, over the phone, online, via email, mobile applications, social media or otherwise by using any of our websites.

3.1 Nissan will be responsible for Processing your Personal Information.

3.2 Where appropriate and permissible in law, we will share your Personal Information with our global head office, Nissan Motor Co., Ltd, which is situated in Yokohama, Japan.

3.3 We also use a number of sub-contractors, third parties and affiliates to process your Personal Information on our behalf (“Operators”) and where we do so, we will ensure compliance with the law. See paragraph 7 for further detail.

3.4 Nissan will mainly Process your Personal Information in the following respects –

3.5 Nissan Website

3.5.1 Nissan makes use of cookies on our website (www.nissan.co.za) (“Website”) for identification, analysis and advertising purposes. By using the Website, you consent to the storing and accessing of cookies on your device. To find out more about the cookies we use and how to set your preferences, please see our Cookie Policy https://www.nissan.co.za/Legal/cookies.html

3.5.2 In order to provide better content and service, the Website uses the Decibel Insight web analytics service. This Website does not use Decibel Insight to collect any information that may be personally identifiable to you. Decibel Insight may record mouse actions and scrolling movement, as well as basic interactions with website forms.

3.5.3 Decibel Insight does not track your browsing habits across other third-party websites. For more information about the data practices of Decibel Insight, please visit their privacy policy:

https://www.decibelinsight.com/privacy-policy/

You can opt out of Decibel Insight tracking by visiting:https://www.decibelinsight.com/OptOut/

4.1 Special Personal Information relates to Personal Information concerning – 

4.1.1 your religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health, sexual orientation or biometric information; or

4.1.2 any criminal investigation or ongoing legal proceedings against you.

4.2 Nissan will only Process Special Personal Information if we have –

4.2.1 your Consent;

4.2.2 lawful basis;

4.2.3 public interest grounds; or

4.2.4 where it is publicly available.

5.1 We limit physical access to our buildings and user access to our systems to only those that we believe are entitled to be there.

5.2 We use technology controls for our IS/IT Systems, such as firewalls, user verification, strong data encryption, and separation of roles, systems and data.

5.3 We utilise industry “good practice” standards to support the maintenance of a robust information security management system.

5.4 We further enforce a “need to know” policy, for access to any data or systems.

6.1 We will not retain your Personal Information longer than the period for which it was originally needed, unless we are required by law to do so, or you Consent to us retaining such information for a longer period.

6.2 We may also retain your Personal Information to the extent and duration that we have a Legitimate Interest to Process your Personal Information depending on, amongst others, the nature and lifespan of the services or products purchased from us.

6.3 We will, upon your request, promptly return or destroy any and all of your Personal Information in our possession or control, save for that which we are legally obliged to retain.

When Operators are used to Process Personal Information on behalf of Nissan, we will enter into agreements that will provide for the protection of your Personal Information in line with the law.

We may share or transfer your Personal Information as follows or as otherwise described in this Statement –

8.1 with suppliers, service providers, consultants, subcontractors and other vendors who need access to such information to carry out work on our behalf. Any such parties only have access to such information as is necessary to perform their functions and may not use it for any purpose other than to provide services to us;

8.2 any suppliers, service providers, consultants, subcontractors and other vendors will act on our instructions and be contractually bound to take all reasonable steps to secure your Personal Information;

8.3 in response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule or regulation; and

8.4 in connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company (we will request a purchaser to treat our data under the privacy statement in place at the time of its collection).

Where Nissan transfers Personal Information about you to a company outside of South Africa, we will ensure that –

9.1 the company receiving the information is subject to a law, binding corporate rules or binding agreement which provides an adequate level of protection of your Personal Information;

9.2 we obtain your Consent if need be; or

9.3 there is a contractual necessity/obligation to transfer the Personal Information.

10.1 As the Data Subject, you have a number of rights under law which, in certain circumstances, you may exercise in relation to the Personal Information we Process about you.

10.2 These rights include –

10.2.1 the right to access a copy of the Personal Information that we have about you;

10.2.2 the right to correction of inaccurate Personal Information we hold about you;

10.2.3 the right to restrict our use of your Personal Information;

10.2.4 the right to request that your Personal Information be deleted; and

10.2.5 the right to object to our use of your Personal Information.

10.3 Further information on these rights can be found at the Information Regulator's website at https://www.justice.gov.za/inforeg.

10.4 Please see our Procedure for Data Subject Objection to, Correction or Deletion of Personal Information Processed by NSA https://www.nissan.co.za/data-management.html for further details on the steps to be taken by a Data Subject under this paragraph.

10.5 Where we rely on Consent as the legal basis on which we Process your Personal Information, you may also withdraw that Consent at any time.

11.1 Nissan has designated an Information Officer who shall be responsible for –

11.1.1 the administration of this Statement and ensuring the lawful Processing of Personal Information by ourselves;

11.1.2 dealing with requests made to Nissan for access to Personal Information held by us;

11.1.3 liaising with local regulators; and

11.1.4 providing training to our employees.

11.2 Should you wish to raise any questions, concerns, possible violations, and reportable conditions, please contact our Information Officer at –

wongam@nissan.co.za 

12.1 We would like to tell you about the great offers, ideas, products and services we have for you from time to time. Where we have your Consent or it is in our Legitimate Interests to do so, we may contact you via email, text message, telephone, online advertising or any other electronic means.

12.2 We may also ask you to participate in surveys via our marketing channels which you may opt out of at any time. Please take note that it may take a while for all marketing communications to stop once you have either withdrawn your Consent or opted out. This is because some marketing may have been identified as relevant to your interests and may already be in transit at the time of withdrawal of Consent or opting out.

12.3 You may also subscribe to our newsletter to stay updated on our latest products and services. Please note that we also Process Personal Information provided by you in connection with the newsletter registration (e.g. name and surname, email address, etc.) for the purposes of staying in touch with you and making sure you don't miss any updates.

Nissan reserves the right to exercise any appropriate form of legal action against any party which may cause us harm and/or damages by way of non compliance with this Statement. Parties also risk statutory penalties.

This Statement is subject to review and amendment without prior notice. However, Nissan undertakes to ensure that any amendments hereto are communicated on our publicly available platforms such as our website, for the benefit of our customers, suppliers, Dealers, service providers and any other persons whom may be affected by this Statement.

If you have any questions about this Statement, our treatment of your Personal Information or you wish to exercise any of your rights please address an email to - 

wongam@nissan.co.za

For the purposes of this Statement, the following definitions apply –

16.1 "Consent" means an informed, unconditional, specific and voluntary expression of will in terms of which permission is given for the Processing of Personal Information;

16.2 "Contractual Performance" – means we must Process your Personal Information in order to be able to provide you with one of our products or services;

16.3 "Data Subject" means the natural or juristic person to whom Personal Information relates; 

16.4 “Dealers” means a juristic entity duly appointed as a Nissan or Datsun Dealer by Nissan;

16.5 "Device(s)" includes printers, facsimile machines, computers, servers, laptops, notebooks, smartphones, tablet computers, memory sticks, any other external storage devices, and for the avoidance of any doubt, also includes personal Devices where those Devices are used for work related purposes and/or contain or have contained any information which belongs to Nissan;

16.6 "Employee" means any such person as defined in the Labour Relations Act 66 of 1995, under the employ of Nissan, and any other such person who may conduct work for or on behalf of Nissan on a once off or ongoing basis, as the case may be; 

16.7 "Information Officer" means the person/s designated by Nissan to direct compliance with POPI within Nissan;

16.8 "Information Regulator" means the body established in terms of section 39 of POPI;

16.9 "IS/IT Systems" means collectively and individually –

16.9.1 Nissan's IS/IT infrastructures, telecommunications systems and all its components; and

16.9.2 Devices as well as the applications running on and services provided via such Devices, including e-mail, voicemail, internet and intranet;

16.10 "Legal Obligation" – means we are required by law to Process your Personal Information;

16.11 "Legitimate Interests" – means where Processing is necessary for us to conduct our business, but not where our interests are overridden by your interests or rights;

16.12 "Nissan Motor Co., Ltd" means Nissan Motor Co., Ltd. and all companies which are its subsidiaries as defined in terms of the Companies Act 71 of 2008, as amended, or any other applicable legislation; 

16.13 "Nissan" means Nissan South Africa Proprietary Limited, a private company duly incorporated under the laws of South Africa with registration number 1963/007428/07 and registered office at Ernest Oppenheimer Street, Rosslyn, South Africa, and all its branches and/or franchises across South Africa;

16.14 "Operator" means any person who Processes Personal Information for or on behalf of Nissan in terms of a contract or mandate concluded between Nissan and such person;

16.15 "Personal Information" means information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person, and includes the meaning given to it in the POPI;

16.16 "POPI" means the Protection of Personal Information Act, 4 of 2013, as amended, and all regulations promulgated thereunder;

16.17 "Process/Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, and includes the meaning given to it in the POPI;

16.18 “South Africa” means the Republic of South Africa.