174429068

Data Protection Notice

Continental Tyre SA (Pty) Ltd processes your data in the context of your use of the website continental-tyres.co.za in compliance with the applicable legal regulations.

 

1. General

Personal data entered by you is collected, processed and used by Continental Tyre SA (Pty) Ltd for the purpose of contract execution within the framework of your use of the website continental-tyres.co.za. Insofar as this is necessary for the execution of the contract, the data may be passed on to the companies affiliated with Continental Tyre SA (Pty) Ltd pursuant to sections 15 et seqq. of the German Stock Corporation Act as stipulated in the Binding Corporate Rules of Continental.

If permitted and/or prescribed by law, the data may be evaluated for reporting purposes (e.g., statistics).

Your data will be collected, processed and used solely in compliance with the applicable data protection regulations (e.g., your consent).

In ensuring the provision of the website continental-tyres.co.za (e.g., technical support), we transmit data to our service provider,

- Materna GmbH, Voßkuhle 37, 44141 Dortmund, Germany

- ]init[ Aktiengesellschaft für digitale Kommunikation, Köpenicker Str. 9, 10997 Berlin, Germany and

- mmpro film- und medienproduktion GmbH, Fidicinstraße 3, 10965 Berlin, Germany.

Materna GmbH, ]init[ Aktiengesellschaft für digitale Kommunikation and mmpro film- und medienproduktion GmbH collects and processes your personal data on our behalf insofar as this is necessary to execute the contract (on the basis of a Data Processing Agreement or, if Materna GmbH, ]init[ Aktiengesellschaft für digitale Kommunikation and mmpro film- und medienproduktion GmbH is based outside the EU, on the basis of the EU standard contractual clauses).

 

In accordance with the statutory provisions, all your data is treated as strictly confidential.

 

2. Collection and processing of data

Continental Tyre SA (Pty) Ltd only stores personal data relating to users of its website continental-tyres.co.za if consent for this has been provided. The only data that is stored relates to the date and time of the visit, the pages visited, cursor use on the website, the page functions used, and the website from which the user accessed Continental’s websites. The IP address is transmitted anonymously and is only used to assign a geographical location at the city level. Continental Tyre SA (Pty) Ltd uses this information to measure website activity, to produce statistics, and to improve the services and information provided via the websites.


Personal user data is solely used to process inquiries within the context of the consent granted or in compliance with applicable data protection regulations. Based on legal requirements, Continental has enforced global, uniform and internal Data Protection Rules (Binding Corporate Rules) regulating the protection of your personal data.

Continental Tyre SA (Pty) Ltd stores data entered into website services or data provided for the process such as name, company, e-mail, address and telephone only for the purpose of communicating personally with you. The data is stored and/or used solely for the purpose of processing your inquiry/concern/participation in the competition. Your data is erased once processing of your inquiry/concern has concluded, provided that this erasure does not conflict with any statutory duties to retain records.

 

3. The data subject’s rights

3.1 Please note that, as a data subject, pursuant to the EU General Data Protection Regulation (EU GDPR), you have the following rights in connection with the processing of your personal data:

 

Information rights under Article 13 and Article 14 EU GDPR

Right of access under Article 15 EU GDPR
Right to rectification under Article 16 EU GDPR
Right to erasure under Article 17 EU GDPR
Right to restriction of processing under Article 18 EU GDPR
Right to data portability under 20 EU GDPR

 

If you have questions about this, please contact our data protection supervisor by e-mail at: dataprotection@conti.de

 

3.2 In accordance with Article 21 EU GDPR, you have the right to withdraw your consent to the collection, processing/storage and use of your personal data at any time. Consent must be withdrawn by writing to Continental Tyre SA (Pty) Ltd, Cadle Street, New Brighton West | PO Box 699, Port Elizabeth, 6000, South Africa. 

 

3.3 You can always contact our data protection officers in writing (including by e-mail) with questions or complaints. E-mail: dataprotection@conti.de. You can also contact the appropriate data protection authorities, if available.

4. Protection of stored data

Our company and Materna GmbH, ]init[ Aktiengesellschaft für digitale Kommunikation and mmpro film- und medienproduktion GmbH use technical and organizational security measures to protect the personal data provided by you from manipulation, loss, destruction or from being accessed by unauthorized persons. The security measures are continually improved and adapted in accordance with the latest technology. Data provided that is unencrypted could potentially be viewed by third parties. For this reason, we would like to point out that, with regard to data transmission over the Internet (e.g., by e-mail), secure transfer cannot be guaranteed. Sensitive data should therefore either not be transmitted at all or only via a secure connection (SSL). If you access pages and files and are then asked to enter personal data, please note that the transmission of such data via the Internet may not be secure and that there is a risk that it may be viewed and manipulated by unauthorized persons.

 

5. Cookies

When you visit our website, information can be stored on your computer in the form of cookies. Such cookies are used solely to ensure the operation of the websites. Other cookies (e.g., relating to website use) are only created based on your consent (see Cookie Policy). You can also choose not to accept cookies in your browser settings. However, please note, that you may not be able to fully use several functions of this website if you do so.  

 

6. Oracle Infinity

This website uses Oracle Infinity, a web analysis tool from Oracle Infinity Inc. (hereinafter referred to as “Oracle Infinity”). Oracle Infinity uses a cookie on our site that is only created based on your consent.

The only data that is then stored relates to the date and time of the visit, the pages visited, cursor use on the website, the page functions used, and the website from which you accessed Continental’s websites. Your IP address is transmitted anonymously and is only used to assign a geographical location at the city level. It is thus not possible to determine the identity of an individual website visitor at any time.

 

7.  Google Analytics

This website uses Google Analytics, a web analysis tool from Google Inc. (“Google”). Google Analytics uses cookies, which are text files that are stored on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of these websites will be transmitted to and stored on a Google server in the USA.

In case of activation of the IP address anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. This website uses active IP anonymization. On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for the website provider and providing other services associated with website activity and internet usage to the website provider.

Google will not associate your IP address with any other data held by Google. Cookies on our site are used only on the basis of your consent. Furthermore, you can permanently prevent cookies from being stored by making the appropriate changes in your browser settings. We wish to point out, however, that if you do so, you may not be able to make full use of all the functions of this website. Furthermore, you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available at: http://tools.google.com/dlpage/gaoptout?hl=en

 

Cookies on our website are only stored based on your consent. Furthermore, you can permanently prevent cookies from being stored by making the appropriate changes in your browser settings. We wish to point out, however, that if you do so, you may not be able to make full use of all the functions of this website.

 

This website uses the following Google Analytics features based on Display Advertising:

  • Google Analytics Demographics and Interest Reporting
  • Google Display Network Impression Reporting
  • Remarketing

We use Google Analytics Demographics and Interest Reporting. We use data from Google’s Interest-based advertising or 3rd-party audience data (such as age, gender and interests) with Google Analytics for trend analysis and marketing.

We use Remarketing with Google Analytics on this website to advertise online. Third-party vendors, including Google, show our ads across the internet. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads based on your past visits to our website.

You can opt-out Google Analytics for Display Advertising and customize Google Display Analytics Network ads using the Ads Settings on https://www.google.com/settings/ads

 

8. Qualtrics

This website uses Qualtrics: a customer experience solution to collect feedback from users of the website via surveys to improve our products & services. Qualtrics does not collect any information on pages where it is not installed, nor does it track or collect information outside your web browser. Qualtrics only collects data if you actively fill out a feedback survey. If you'd like to obtain a copy of your personal data, make a correction, or have it erased, please contact us.

For more information, see Qualtrics Privacy Policy at https://www.qualtrics.com/privacy-statement/   & Qualtrics security policy at https://www.qualtrics.com/security-statement/

 

9. Sharing in social networks:

If you use the “Share” function on our website, no personal data is transferred to the respective social media service. If you use your own profile to share our website content, we do not have any bearing on the content and scope of the data collected by these networks. The terms of use and privacy policies of the respective social network apply in this respect.

 

 10.  iFraming:

We embeds videos via iFraming on our website. External content from third-party websites can be embedded and displayed in defined areas on our website via iFraming

 Videos from the following third-party website are embedded on our website:

YouTube:
This website from which videos are embedded via iFraming is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

By clicking on the videos it will be marked by the YouTube logo.

If you visit one of our websites with embedded videos, the Internet Explorer will not automatically establish a link to the server on the appropriate network. By clicking on the embedded Video you give your consent to communication with the aforementioned website and the placing of cookies by this website. By clicking on the embedded video the information that you visited our website will be automatically be forwarded to the aforementioned website operator and cookies will be placed by the aforementioned website.

If you are logged into the aforementioned website visiting our website, the data transmitted will be associated with your user account. If you wish to prevent a network from linking information with your user account in this manner, please log out from the respective network before clicking on the respective video.

Even if you are not registered as a member of the aforementioned website, or you are currently not logged in your data may be stored by the operator of the aforementioned website after you click on the respective video. We have no influence on the placement of third-party cookies and over the scope and content of the data collected by the aforementioned website or on how that data is used. For more information, please read the privacy policies of the aforementioned website.

1. PROCESSING NOTICE- HR CONTINENTAL

CONTINENTAL HR PROCESSING NOTICE

 

 

1.     PURPOSE OF THIS NOTICE AND TERMS

 

1.     We, Continental Tyre SA Pty Ltd, Registration no: 1998/005020/07, Contitech Africa Pty Ltd, Registration no: 2006/036140/07, Contitech ServicesPty Ltd, Registration no: 1976/002089/07, Contitech South Africa Pty Ltd, Registration no: 2005/026683/07, Contitrade Africa Pty Ltd, Registration no: 2013/059163/07, referred to as “we”, ”us”,“Continental” or “the company”) in our capacity as a Responsible Party, in order to engage with you, will have to process your Personal Information, and in doing so, will have to comply with a law known as the Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as “POPIA”), which regulates and controls the processing of a legal entity’s and / or an individual’s Personal Information in South Africa, (hereinafter referred to as a “Data Subject”), which processing includes the collection, use, and transfer of a Data Subject’s Personal Information.

 

1.2         For the purpose of this Processing Notice, please take note of the following words and phrases which will be used throughout this Processing Notice:

 

  • "consent", means the consentwhich you, in your capacity as a Data Subject, may have to give to us,under certain circumstances, to process your Personal Information, which consent must be voluntary, specific and informed. Following this, once we have explained to you why we need your Personal Information and what we will be doing with it, you are then, in relation to certain uses of the information, required to give us your permission to use it, which permission or consent can be express or implied; implied meaning that your consent can be demonstrated by way of your actions;

 

  • "Data Subject", means you, the person who owns and who will provide us with your Personal Information for processing;

  • "Operator" is any person who processes your Personal Information on our behalf as a contractor, in terms of a contract or mandate, without coming under the direct authority of us. These persons for illustration purposes may include verification agencies, advertising and public relations agencies, call centres, service providers, auditors, legal practitioners,and / or organs of state, including government, provincial and municipal entities and bodies;

 

  • "Personal Information", means Personal Information relating to any identifiable, living, natural person, and an identifiable, existing legal entity, namely the Data Subject, including, but not limited to —

 

  • in the case of an individual:

 

  • name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, tax number and financial information;
  • vehicle registration;
  • dietary preferences;
  • financial history;
  • information about your next of kin and or dependants;
  • information relating to your education or employment history; and
  • Special Personal Information including race, gender, national, ethnic or social origin, colour, disability, criminal history, including offences committed or alleged to have been committed, and biometric information, such as images and fingerprints;

 

  • in the case of a legal entity:

 

  • name, address, contact details, registration details, financials and related history, B-BBEE score card, registered address, description of operations, bank details, details about your employees, business partners, customers, tax number, VAT number and other financial information.

 

  • "processing" / “process”or “processed”, means in relation to Personal Information, the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form; merging, linking, as well as restriction, degradation, erasure or destruction of information; or sharing with, transfer and further processing, including physical, manual and automatic means. This is a wide definition and therefore includes all types of usage of your Personal Information by us including the initial processing when we first collect your Personal Information and any further and ongoing processing until destruction of such information when no longer required;

 

  • “Purpose” means the reason why your Personal Information needs to be processed by us; 

 

  • "Responsible Party”means us, the person who is processing your Personal Information;

 

  • “you” means you, the person or organization who will be providing us, the Responsible Party, with your Personal Information, for processing, who is known as the Data Subject under POPIA.

 

 

1.3         In terms of POPIA, where a person processes another’s Personal Information, such processing must be done in a lawful, legitimate and responsible manner and in accordance with the provisions, principles and conditions set out under POPIA.

 

1.4         In order to comply with POPIA, a Responsible Party processing a Data Subject’sPersonal Information must:

 

1.4.1      provide the Data Subject with a number of details pertaining to the processing of the Data Subject’sPersonal Information, before such information is processed; and

 

1.4.2      get permission or consent, explicitly or implied, from the Data Subject, to process his / her / its Personal Information, unless such processing:

 

  • is necessary to carry out actions for the conclusion or performance of a contract to which the Data Subject of the Personal Information is a party;

 

  • is required in order to comply with an obligation imposed by law; or

 

  • is for a legitimate purpose or is necessary to protect the legitimate interest (s) and / or for pursuing the legitimate interests of i) the Data Subject; ii) the Responsible Party; or iii) that of a third party to whom the Personal Information is supplied; or

 

  • is necessary for the proper performance of a public law duty.

 

1.5         In accordance with the requirements of POPIA, and because your privacy and trust is important to us, we set out below how we, Continental collect, use, and share your Personal Information and the reasons why we need to use and process your Personal Information.

 

 

1.     APPLICATION

 

2.1         This Processing Notice applies to the following persons:

 

2.1.1      Applicants: persons who wish to apply for an employment position withinContinental, or who wish to apply for a learnership or bursary, scholarship,or study assistance;

 

2.1.2      learnership or bursary recipients:persons who have been granted a bursary, learnership, scholarship,or study assistanceby Continental;

 

2.1.2      Employees: persons who are employed by Continental.

 

 

2.PURPOSE FOR PROCESSING YOUR PERSONAL INFORMATION

 

3.1         Your Personal Information will be processed by us for the following purposes:

 

 

 

SUMMARY OF THE PURPOSE OF COLLECTION

 

 

Lawfulness

 

Consent required

 

Due diligence purposes – legitimate purpose: To carry out a due diligence before we decide to engage or interact with you, including obtaining and verifying your credentials, including your personal details, medical status, health history and related records, education and employment history and qualifications, credit and financial status and history, tax status, B-BBEE status, and or any performance or employee related history.

 

 

 

YES

 

NO

 

Employment- potential –legitimate purpose: To conduct and communicate with you regarding recruiting, potential employment and human resources administration.

 

 

YES

 

NO

 

Employment- actual-to contract with you: To conclude an employment contract with you, and to manage the employment relationship including managing you, communicating with you regarding your employment, performing human resources administration, operational, financial, and organizational matters, providing you with training and skills development, providing you with employee benefits such as pension and medical aid benefits, and conducting performance assessments and disciplinary matters.  

 

 

YES

 

NO

 

Potential scholarships, bursaries, study assistance, learnerships recipients –legitimate purpose: To investigate whether we are able or willing to conclude a contract with you based on the findings of any due diligence, and if in order to conclude a scholarship, bursary, study assistance, or CSI contract.

 

 

YES

 

NO

 

Scholarships, bursaries, study assistance, and learnership recipients –to contract with you: To conclude acontract with you, and to manage the relationship.

 

 

YES

 

NO

 

Attending to financial matterspertaining to your employment- contract and legitimate purpose: To administer payroll including payment of statutory levies, deductions, fees owed to Organization, registrations, subscriptions, or payment of refunds.

 

 

YES

 

NO

 

Communications- legitimate purpose: To make contact with you and to communicate with you generally  or specifically, i.e. in respect of our or your requirements, or instructions, or to respond to you in order to comply with your specified or general instructions.

 

 

YES

 

NO

 

Risk assessment and anti- bribery and corruption matterslegitimate purpose: To carry out organizational and enterprise wide risk assessments, in order todetect and prevent bribery, corruption, fraud and abuse, to comply with Anti Bribery and Corruption laws,as well as to identify and authenticate your access to our assets, systems, goods, services or premises and generally to ensure the security and protection of all persons including employees, and persons when entering or leaving our sites and / or to exercise our rights and to protect our and others’ rights and / or property, including to take action against those that seek to violate or abuse our assets, systems, services, customers or employees and / or other third parties where applicable.

 

 

YES

 

NO

 

Legal rights, duties and obligations and insurance matters- comply with law and protect legitimate interests: To comply with the law and our legal obligations, exercise legal rights and duties, including to register with Regulators, obtain and hold permits and certificates, ensure a safe and healthy work environment, register for VAT, Tax, PAYE, SDL, COIDA and UIF etc, provide medical care and facilities, to submit reports or provide various notices or returns, to litigate,to proceed to protect the company’s legal rights, collect debts or enforce contractual or employment rights,  and / or to respond to a request or order from a SAP official, investigator or court official, regulator, or public authority and / or to manage and attend to insurance matters.

 

 

YES

 

NO

 

Security purposes: legitimate purpose and to comply with laws: Topermit you access to our offices, facilities, manufacturing or parking areas, as well as to controlled areas, for the purposes of monitoring via CCTV, your interaction and access in and from our facilities described above, and for general risk management, security and emergency incident control purposes as well as for data and cybersecurity purposes.

 

 

YES

 

NO

 

Operational issues - compliance with law and manage the contract: To communicate, enforce and ensure youcomply with policies, including in relation to claims, disciplinary actions or legal requirements and conducting investigations and incident response, including reviewing your communications in these situations in accordance with relevant internal policies and applicable law.

 

 

YES

 

NO

 

Occupational health - compliance with laws: To manage occupational health and absence and fitness for work and notifying family members in emergencies.

 

 

YES

 

NO

 

Travel - contractual: To facilitate business travel, travel-related support including conference attendance, bookings, and emergency support services.

 

 

YES

 

NO

 

B-BBEE - compliance with laws: To monitor equal employment opportunities, in respect of diversity categories including but not limited to age, gender, ethnicity, nationality, religion, disability, sexual orientation, and marital or family status.

 

 

YES

 

NO

 

IR and Labour relations - compliance with laws: To manage membership to trade unions and collective agreements for administering collective employee arrangements where these are in place

 

 

YES

 

NO

 

For internal research and development purposesLegitimate purpose:To conduct internal research and development.

 

 

YES

 

NO

 

Effectuate the sale, merger, acquisition, or other disposition of our business (including in connection with any bankruptcy or similar proceedings) - Legitimate interest: to comply with our legal obligations and to change our business structure we may disclose your Personal Information in connection with proceedings or investigations anywhere in the world to third parties, such as public authorities, law enforcement agencies, regulators and third-party litigants. We may also provide relevant parts of your Personal Information to any potential acquirer of or investor in any part of the Group’s  business for the purpose of that acquisition or investment.

 

 

YES

 

NO

 

1.     WHAT PERSONAL DATA OR INFORMATION DO WE COLLECT FROM YOU?

 

4.1         In order to engage and / or interact with you, for the purposes described above, we will have to process certain types of your Personal Information, as described below:

 

  • Your contact information, such as name, alias, address, identity number, passport number, security number, phone number, cell phone number, vehicle make and registration number, social media user ID, email address, and similar contact data, and other contact information including details of your previous employers serial numbers of equipment, details regards the possession of dangerous weapons, , memberships or affiliations, including professional bodies and trade unions, and similar data, which are required for various legitimate interest, contractual and / or lawful reasons pertaining to your application for employment or actual employment with the Organization or pertaining to your application for a scholarship, bursary, learnership or study assistance or where you are granted ascholarship, bursary, learnership or study assistance.

 

  • Career, Education, and Employment Related Information, such as job preferences or interests, work performance and history, salary history, nationality and immigration status, demographic data, professional licensure information and related compliance activities, accreditations and other accolades, education history (including schools attended, academic degrees or areas of study, academic performance, and rankings), and similar data, which are required for contractual or employment related matters or which are required to comply with laws and public duties.

 

  • Specific identifiers, known as Special Personal Information, which are required in order to protect legitimate interests, comply with legal obligations or public legal duties, or in order to accommodate you in our workplaces, such as your race, disability-related information  (B-BBEE related)religion (correct and fair treatment related), sexual and medical history including any medical conditions (to comply with laws and related to correct and fair treatment issues), trade union matters (to comply with laws and related to correct and fair treatment issues), and financial, credit, deviant and criminal history, (to protect our legitimate interests and to perform risk assessments), as well as children’s details (benefits related) and Biometrics such as finger prints, which are required in order to provide you with access to our facilities, give you access to our IT infrastructure, for security monitoring purposes and in order to comply with health and safety requirements in the workplace.

 

  • Demographic Information, such as country, preferred language, age and date of birth, marriage status, gender, physical characteristics, personal or household / familial financial status and metrics, and similar data, which are required for various legitimate interests, as well as contractual and / or other legal reasons.

 

  • Your Image, still pictures, video, voice, and other similar data, which are required in order to provide you with access to our facilities, give you access to our IT infrastructure, for security monitoring purposes as well for various public relations and corporate affairs purposes.

 

  • Public issued Identity Information, such as government-issued identification information, tax identifiers, social security numbers, other government-issued identifiers, and similar data, which are required to comply with laws and public duties.

 

  • Tax and Financial Information, banking details, and tax registration number and status, which are required to perform contractual matters and / to comply with tax laws and public duties.

 

  • IT Information, including IT security-related information (including IT user names and passwords, authentication methods, and roles), and similar data, which are required for various legitimate and legal purposes.

 

  • Health history and records, which is classified as Special Personal Information, such as medical status and history, examinations, blood type, medical aid history, disability-related information, biometrics, medicals, psychometrics and similar data, which are required for contractual or employment related matters or which are required to comply with laws and public duties.

 

  • Social Media and Online activities and presence, such as information placed or posted in social media and online profiles, online posts, and similar data, which are required for contractual or employment related matters or which are required to comply with laws and public duties.

 

2.SOURCES OF INFORMATION - HOW AND WHERE DO WE COLLECT YOUR PERSONAL INFORMATION

 

5.1         Depending on your requirements, we will collect and obtain Personal Information about you either directly from you, from certain third parties or from other sources which are described below: 

 

5.1.1.     Direct collection: You provide Personal Information to us when you:

 

  • interact with us;
  • enquire about, or apply for a position withinContinental, including requesting or signing up for information;
  • express an interest in working with us or apply for a job or position or bursary,learnership or scholarship with us;
  • take up a job or position with us;
  • conclude a contract with us;
  • communicate with us by phone, email, chat, in person, or otherwise;
  • complete a questionnaire, or other information request form.

 

5.1.2      Automatic collection: We collect Personal Information automatically from you when you:

 

  • search for, visit, interact with, or use our websites, applications, mobile applications, or social media portals or platforms;
  • access, use, or download content from us;
  • open emails or click on links in emails or advertisements from us;
  • Otherwise interact or communicate with us.

 

1.     Collection from third parties: We collect Personal Information about you from third parties, such as:

 

  • recruitment or employment agencies, previous employees and colleagues;
  • your previous employer;
  • regulators, professional or industry organizations and certification / licensure agencies that provide or publish Personal Information related to you;
  • third parties and affiliates who deal with or interact with us or you;
  • service providers and business partners who work with us and that we may utilize to deliver services;
  • SAP, Home Affairs, Credit bureaus and other similar agencies;
  • Government agencies, regulators and others who release or publish public records;

 

  • Other publicly or generally available sources, such as social media sites, public and online websites, open databases, and data in the public domain.

 

 

6.           HOW WE SHARE INFORMATION

 

6.1         We share Personal Information for the purposes set out in this Processing Notice with the following categories of recipients:

 

  • Our employees, and our affiliates. We may share your Personal Information amongst our employees, affiliates and the companies within Continentalfor employment, HR, IR, business and operational purposes.

 

  • Your Contacts and other employees. We may share your Personal Information with other Continentalemployees, with others with whom you or we have a relationship with, in order to fulfil or perform a contract or other legal obligation, including with third parties that arrange or provide us or you with goods or services.

 

  • Business Partners and Third Party Service Providers, as well as Operators. We may share your Personal Information with our third party service providers to perform tasks on our behalf and which are related to our relationship with you, including financial, benefits, health and medical, and wellness benefits etc and to assist us in offering, providing, delivering, analyzing, administering, improving, and personalizing such services or products.

 

  • Third Party Service Providers. We may share your Personal Information with our third party service providers to perform tasks on our behalf and to assist us in providing, delivering, analyzing, administering, improving, and personalizing services or content related to our relationship with you, including financial, benefits, health and medical, and wellness benefits etc and may to this end pass certain requests from you to these providers.

 

  • Cyber and IT Third Party Service Providers. We may share your Personal Information with our third party cyber service and IT providers to perform tasks on our behalf and which are related to our relationship with you, including those who provide technical and/or customer support on our behalf, who provide application or software development and quality assurance, who provide tracking and reporting functions, research on user demographics, interests, and behavior, and other products or services. These third party service providers may also collect Personal Information about or from you in performing their services and/or functions. We may also pass certain requests from you to these third party service providers.

 

  • Advertisers and PR Agencies. We may share your Personal Information with PR Agencies, advertisers, advertising exchanges, and marketing agencies that we engage for PR services and  advertising services, to deliver PR services or advertising, and to assist us in promoting and advertising our brand, products and services.

 

  • Regulators and law enforcement agencies. We may disclose your Personal Information to regulators and other bodies in order to comply with any applicable law or regulation, to comply with or respond to a legal process or law enforcement or governmental requests.We may also disclose your Personal Information in connection with proceedings or investigations anywhere in the world to third parties, such as public authorities, law enforcement agencies, regulators and third-party litigants.

 

  • Potential sale transactors: We may provide relevant parts of your Personal Information to any potential acquirer of or investor in any part of Continental’s business for the purpose of that acquisition or investment.

 

  • Other Disclosures. We may disclose your Personal Information to third parties if we reasonably believe that disclosure of such information is helpful or reasonably necessary to enforce our terms and conditions or other rights (including investigations of potential violations of our rights), to detect, prevent, or address fraud or security issues, or to protect against harm to the rights, property, or safety of the group, our employees, any users, or the public.

 

 

7.           SECURITY OF INFORMATION

 

7.1         The security of your Personal Information is important to us. Taking into account the nature, scope, context, and purposes of processing Personal Information, as well as the risks to individuals of varying likelihood and severity, we have implemented technical and organizational measures designed to protect the security of Personal Information. In this regard we will conduct regular audits regarding the safety and the security of your Personal Information.

 

 

7.2         Your Personal Information will be stored electronically and in some cases in hard copy in files and records, which information, for operational reasons, will be accessible to and or provided to persons employed or contracted by us on a need to know basis.

 

7.3         Once your Personal Information is no longer required due to the fact that the purpose for which the Personal Information was held has come to an end, such Personal Information will be retained in accordance with our Continentalrecords retention schedule, which varies depending on the type of processing, the purpose for such processing, the business function, record classes, and record types.We calculate retention periods based upon and reserve the right to retain Personal Information for the periods that the Personal Information is needed to: (a) fulfil the purposes described in this Processing Notice, (b) meet the timelines determined or recommended by regulators, professional bodies, or associations, (c) comply with applicable laws, legal holds, and other legal obligations (including contractual obligations), and (d) comply with your requests.

 

7.4       Notwithstanding the contents housed under clauses 7 and 8, please note that no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially  

 

acceptable measures designed to protect Personal Information, we cannot guarantee its absolute security.

8.           ACCESS BY OTHERS AND CROSS BORDER TRANSFER

 

8.1         Continentalmay from time to time have to disclose your Personal Information to other parties, including Continentalsubsidiaries, trading partners, agents, auditors, organs of state, regulatory bodies and / or national governmental, provincial, or local government municipal officials, or overseas trading parties or agents, but such disclosure will always be subject to an agreement which will be concluded as between ourselves and the party to whom we are disclosing your Personal Information to, which contractually obliges the recipient of your Personal Information to comply with strict confidentiality and data security conditions.

 

8.2       Where Personal Information and related data is transferred to a country which is situated outside South Africa, your Personal Information will only be transferred to those countries which have similar data privacy laws in place or where the recipient of the Personal Information concludes an agreement which contractually obliges the recipient to comply with strict confidentiality and data security conditions and which in particular will be to a no lesser set of standards than those imposed by POPIA

 

.           YOUR RIGHTS

 

9.1         You as a Data Subject you have certain rights, which are detailed below and which may be exercise by using the relevant forms housed on the CONTINENTAL Website www.continental.co.za https://www.bestdrive.co.za/--see Data Privacy and Access To Information page:  

 

  • The right of access - You may ask CONTINENTAL (free of charge) to confirm that we hold your Personal Information, or ask us to provide you with details, (at a fee) on how we have processed your Personal Information, which request must be done by following the process set out under the CONTINENTAL PAIA Manual.  

 

  • The right to rectification - You have the right to ask us to update or rectify any inaccurate Personal Information which we hold of yours, which can be done by accessing the update / rectification request.

 

  • The right to erasure (the ‘right to be forgotten’) -Where any overriding legal basis or legitimate reason to process your Personal Information no longer exists, and the legal retention period in relation to the archiving of the information has expired, you may request that we delete the Personal Information, which can be done by accessing the request for erasure form.
  • The right to object to and restrict further processing - Where we do not need your consent to process your Personal Information, but you are not in agreement with such processing, you may lodge an objection to such processing by accessing the objection request.

 

  • The right to withdraw consent - Where you have provided us with consent to process your Personal Information, you have to right to subsequently withdraw your consent, which can be done by accessing the withdrawal of consent request.

 

  • The right to data portability- Where you want your Personal Information to be transferred to another party, which can be done under certain circumstances, by accessing completing the required transfer form.

10.         CHANGES TO THIS PRIVACY STATEMENT

 

10.1     As Continentalchanges over time, this Processing Notice is expected to change as well.

 

10.2     Continentalreserves the right to amend the Processing Notice at any time, for any reason, and without notice to you other than the posting of the updated Processing Notice on the Continental Website.

 

10.3     We therefore request that you to visit our Continental website https://www.continental-tyres.co.za/carfrequently in order to keep abreast with any changes.

 

11. COMPLAINTS OR QUERIES - CONTACT US

11.1 Any comments, questions or suggestions about this Processing Notice or our handling of your Personal Information should be emailed to dataprotection@conti.de

11.2 Alternatively, you can contact us at the following telephone numbers:

 Information Officer details:

(1) Mr Attie Higgs (Continental Tyres SA Pty Ltd)
(ID No. 651202 5057 082)
T|041 406 5111
F|041 451 2354


(2) Mr Sarvesh Nair (deputy) (Continental Tyres SA Pty Ltd)
( ID No. 7710215188084)
T|041 406 5102


(3) Mr Martin Buday (deputy) (Continental Tyres SA Pty Ltd)
(Passport no: BR0920638)
 T|041 406 5273

(4) Ms Lizelle Els (Contitech Africa Pty Ltd) (Contitech Services Pty Ltd) (Contitech South Africa Pty Ltd)
(ID no. 780830 0008 082)
T|041 996 2041

5) Mr Louis Van Dyk (Continental Tyres SA Pty Ltd)

ID no. 8209215072082

T| 0825506144

11.3 Our telephone switchboard is open 8:00 am – 4:30 pm GMT, Monday to Friday. Our switchboard team will take a message and ensure the appropriate person responds as soon as possible.

11.4 Should you wish to discuss a complaint, please feel free to contact us using the details provided above. All complaints will be treated in a confidential manner.

11.5 Should you feel unsatisfied with our handling of your Personal Information, or about any complaint that you have made to us, you are entitled to escalate your complaint to the South African, Information Regulator who can be contacted at https://www.justice.gov.za/inforeg/


12. PROCESSING OTHER PERSONS PERSONAL INFORMATION

12.1 If you process another’s Personal Information on Continental’s behalf, or which we provide to you in order to perform your contractual or legal obligations or to protect any legitimate interest, you will keep such information confidential and will not, unless authorized to do so, process, publish, make accessible, or use in any other way such Personal Informationunless in the course and scope of your duties, and only for the purpose for which the information has been received and granted to you, and related to the duties assigned to you.


13.  ACCEPTANCE AND BINDING NATURE OF THIS DOCUMENT

13.1 By providing Continental with the Personal Information which we require from you as listed under this Processing Notice:

• you acknowledge that you understand why your Personal Information needs to be processed;
• you accept the terms which will apply to such processing, including the terms applicable to the transfer of such Personal Information cross border;

• where consent is required for any processing as reflected in this Processing notice, you agree that we may process this particular Personal Information.

13.2 Where you provide us with another person’s Personal Information for processing,you confirm that that you have obtained the required permission from such person (s) to provide us with their Personal Information for processing.

13.3 The rights and obligations of the parties under this Processing Notice will be binding on, and will be of benefit to, each of the parties’ successors in title and / or assigns where applicable.

13.4 Should any of the Personal Information concern or pertain to a legal entity whom you represent, you confirm that you have the necessary authority to act on behalf of such legal entity and that you have the right to provide the Personal Information and / or the required permissions in respect of the processing of that Organization or entities’ Personal Information.


End

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

Retention

Period

To register you as a new  customer or supplier (or a representative of a customer of supplier).

(a) Identity

(b) Contact

(c) Financial

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to provide our products and services to our dealers and other customers) (where our contract is with your organisation)

6 years from last contact.

To deal directly with end-users of our products in relation to product returns, warranty claims or complaints or to respond to technical enquiries (including enquiries received through our website).

(a) Identity

(b) Contact

(c) Transaction

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to process warranty claims and deal with technical enquiries about our products)

6 years from settlement or closure.

To process payments and deliver products and/or services to you or your organisation; or to receive products or services from you or your organisation, including:

(a) Managing payments, fees and charges

(b) Collecting and recover money owed to us

(c) paying money that is owed to you or your organisation by us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you (if our contract is with you)

(b) Necessary for our legitimate interests (to recover debts due to us or deliver our products and services; or settle amounts we owe)

6 years from receipt of last payment.

To manage our relationship with you which may include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(c) Replying to any correspondence you send to us

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you (if our contract is with you)

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

6 years from last contact.

To enable you to take part in prize draw, competition, promotion or complete a survey.

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

2 years from completion of the competition or promotion, or if later, 2 years from last contact.

To run our external training courses.

(a) Identity

(b) Contact

(c) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (provision of our training services and managing our relationship with relevant external trade or regulatory bodies)

6 years from the date of training carried out.

To manage visits individuals make to our premises (including the monitoring of CCTV) and events, including assisting with VISA applications.

(a) Identity

(b) Contact

(c) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (managing our facilities and events)

(c) Necessary to comply with a legal obligation

CCTV- 90 days for routine recordings.

Visitor logs- 6 months from date of the visit.

Visa applications – 6 months from the date of visit to the premises

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

Current year, plus 1 year.

To deliver relevant content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

2 years from last contact.

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences.

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

2 years from last interaction with our website.

To make suggestions and recommendations to you about products, services, events and publications that may be of interest to you or your organisation.

(a) Identity

(b) Contact

 

Necessary for our legitimate interests (to develop our products/services and grow our business)

2 years from last contact.

To give internal training and make internal developments to improve our website, products/services, marketing, customer relationships and experiences.

(a) Identity

(b) Contact

(c) Transaction

(d) Usage

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to train and develop our staff, processes and systems)

2 years from last contact.

To follow up on enquiries, including those obtained at conferences.

(a) Identity

(b) Contact

(c) Marketing and Communications

(a) Necessary for our legitimate interests (to develop our products/services and grow our business)

2 years from last contact.

To verify training your records either where you provide services to us or to verify training we provide to you to industry bodies and other relevant third parties.

(a) Identity

Necessary for our legitimate interests (to ensure you are appropriately qualified and to confirm you have undertaken training with us)

6 years from the date of training carried out.

For marketing purposes, including to promote our events or those arranged by organisations with whom Continental partners or products/services and sending merchandise.

(a) Identity

(a) Consent

(b) Necessary for our legitimate interests (to develop our products/services and grow our business)

 2 years from completion of the event or promotion.

2. PROCESSING NOTICE- SECURITY - CONTINENTAL

CONTINENTAL SECURITY PROCESSING NOTICE

 

 

IMPORTANT NOTES

 

NO FIREARMS ARE PERMITTED ON THE CONTINENTAL PREMISES.

 

NO ONE IS ALLOWED TO CONSUME OR SMOKE DAGGA, ALCOHOL OR DRUGS ON THE CONTINENTAL PREMISES.

 

NO ONE IS ALLOWED ONTO THE CONTINENTAL PREMISES IF UNDER THE INFLUENCE OF DAGGA, ALCOHOL OR DRUGS.

 

WE RESERVE THE RIGHT TO SEARCH YOU, AND OR TEST YOU FOR DAGGA, DRUGS OR ALCOHOL BEFORE YOU ARE PERMITTED ACCESS TO THE CONTINENTAL PREMISES.

 

ALL THE CONTINENTAL PREMISES ARE UNDER CONSTANT CCTV SURVEILLENCE. 

 

PLEASE TAKE NOTE OF OUR STANDARD ACCESS TO THE CONTINENTAL PREMISES DISCLAIMER.

 

 


 

 

 

1.     PURPOSE OF THIS NOTICE

 

1.     We, Continental Tyre SA Pty Ltd, registration no: 1998/005020/07, Contitech Africa Pty Ltd, Registration no: 2006/036140/07, Contitech ServicesPty Ltd, Registration no: 1976/002089/07, Contitech South Africa Pty Ltd, Registration no: 2005/026683/07, Contitrade Africa Pty Ltd, Registration no: 2013/059163/07,   together with any other Continental subsidiaries, Continental Retail outlets and other Continental Trading partners, (collectively referred to as “we”, ”us”,“Continental” or “the company”)in our capacity as a Responsible Party, in order to engage with you, will have to process your Personal Information, and in doing so, will have to comply with a law known as the Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as “POPIA”), which regulates and controls the processing of a legal entity’s and / or an individual’s Personal Information in South Africa, (hereinafter referred to as a “Data Subject”), which processing includes the collection, use, and transfer of a Data Subject’s Personal Information.

 

1.2         In terms of POPIA, where a person processes another’s Personal Information, such processing must be done in a lawful, legitimate and responsible manner and in accordance with the provisions, principles and conditions set out under POPIA.

 

1.3         In order to comply with POPIA, a Responsible Party processing a Data Subject’sPersonal Information must:

 

1.3.1      provide the Data Subject with a number of details pertaining to the processing of the Data Subject’sPersonal Information, before such information is processed; and

 

1.3.2      get permission or consent, explicitly or implied, from the Data Subject, to process his / her / its Personal Information, unless such processing:

 

  • is necessary to carry out actions for the conclusion or performance of a contract to which the Data Subject of the Personal Information is a party;

 

  • is required in order to comply with an obligation imposed by law; or

 

  • is for a legitimate purpose or is necessary to protect the legitimate interest (s) and / or for pursuing the legitimate interests of i) the Data Subject; ii) the Responsible Party; or iii) that of a third party to whom the Personal Information is supplied; or

 

  • is necessary for the proper performance of a public law duty.

 

1.     In accordance with the requirements of POPIA, and because your privacy and trust is important to us, we set out below how we, Continental collect, use, and share your Personal Information and the reasons why we need to use and process your Personal Information.

 

 

1.     APPLICATION

This Processing Notice applies to you and all persons who come onto our premises and sites, including reception and waiting rooms, offices, operational areas and facilities, manufacturing areas, retail site, and parking areas (Continental premises).

 

3.WHAT INFORMATION WE NEED

 

3.1       In in order to gain access to the our premises, Continental has to process the following Personal Information, which pertains to you:

 

  • Your or your employer or organization’s contact information, such as name, alias, address, identity number, passport number, security number, phone number, cell phone number, vehicle make and registration number, social media user ID, email address, and similar contact data, serial numbers of equipment, details regards the possession of dangerous weapons, your status with an organization, your images and certain biometrics such as finger prints and similar data, which are required for various legitimate interests, and / or lawful reasons.

 

  • Specific identifiers, which are required in order to protect legitimate interests, comply with legal obligations or public legal duties, or in order to accommodate you in our workplaces, such as any disabilities, certain biometric information which may be required for access control such as finger prints and personal details which we may record in relation to alcohol or drug testing, and health records or related details.

 

  • Children’s Information, all Personal Information collected and processed from any person under the age of eighteen(18) for the purposes of accessing the Continentalpremises will only be processed with the prior permission of the child’s parent or legal guardian, who will be required at all times to accompany such child around the Continentalpremises which he or she is given access to.

 

 

4.PURPOSE FOR PROCESSING YOUR PERSONAL INFORMATION

 

4.1       Your personal information will be processed by us for the following purposes:

 

  • to facilitate access into and out of the Continental premises;
  • to ascertain who is entering and leaving the Continental premises;
  • to monitor movements on or in the Continentalpremises;
  • to ensure a safe working and operating environment;
  • to comply with laws, including Security, Health and Safety related laws and legal obligations;
  • to manage security services;
  • for the purposes of registering all persons who enter and leave the Continental premises;
  • for the purposes of managing and investigating security incidents; including accidents within the Continental premises or attention to emergency evacuations; and
  • other security measures in general.

 

 

1.     SHARING AND RETAINING YOUR PERSONAL INFORMATION

 

5.1         Your Personal Information may under certain circumstances have to be shared with internal parties and / or third parties for the purposes detailed above.

 

5.2         Your Personal Information will be disposed of within 12 (twelve) months of you leaving our premises, save where it may be required for a longer period. In this regard we retain personal information in accordance with our Group records retention schedule, which varies depending on the type of processing, the purpose for such processing, the   business function, record classes, and record types. We calculate retention periods based upon and reserve the right to retain personal information for the periods that the personal information is needed to: (a) fulfil the purposes described in this Privacy Statement, (b) meet the timelines determined or recommended by regulators, professional bodies, or associations, (c) comply with applicable laws, legal holds, and other legal obligations (including contractual obligations), and (d) comply with your requests.

 

6.         ACCEPTANCE

 

6.1       By providing us with the Personal Information which we require from you as listed under this Processing Notice:

 

  • You acknowledge that you understand why your Personal Information needs to be processed;

 

  • You accept the terms which will apply to such processing, including the terms applicable to the transfer of such Personal Information cross border;

 

  • Where consent is required for any processing as reflected in this Processing notice, you agree that we may process this particular Personal Information.

 

14.2     Furthermore you confirm that where you provide us with another person’s Personal Informationfor processing that you have obtained the required permission from such person (s) to provide us with their Personal Information for processing.

PLEASE NOTE THAT IF THE ABOVE IS NOT ACCEPTABLE, WE WILL NOT BE ABLE TO GIVEYOU ACCESS TO THE CONTINENTAL PREMISES.

END

3. PROCESSING NOTICE- PROCUREMENT AND SUPPLY CHAIN 

CONTINENTAL PROCUREMENT AND MARKETING PROCESSING NOTICE 

 

1.     PURPOSE OF THIS NOTICE AND TERMS

 

 

1.     We, Continental Tyre SA Pty Ltd,  registration no: 1998/005020/07, Contitech Africa Pty Ltd, Registration no: 2006/036140/07, Contitech ServicesPty Ltd, Registration no: 1976/002089/07, Contitech South Africa Pty Ltd, Registration no: 2005/026683/07, Contitrade Africa Pty Ltd, Registration no: 2013/059163/07,  referred to as “we”, ”us”,“Continental” or “the company”) in our capacity as a Responsible Party, in order to engage with you, will have to process your Personal Information, and in doing so, will have to comply with a law known as the Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as “POPIA”), which regulates and controls the processing of a legal entity’s and / or an individual’s Personal Information in South Africa, (hereinafter referred to as a “Data Subject”), which processing includes the collection, use, and transfer of a Data Subject’s Personal Information.

 

1.2         For the purpose of this Processing Notice, please take note of the following words and phrases which will be used throughout this Processing Notice:

 

  • "consent", means the consent which you, in your capacity as a Data Subject, may have to give to us, under certain circumstances, to process your Personal Information, which consent must be voluntary, specific and informed. Following this, once we have explained to you why we need your Personal Information and what we will be doing with it, you are then, in relation to certain uses of the information, required to give us your permission to use it, which permission or consent can be express or implied; implied meaning that your consent can be demonstrated by way of your actions;

 

  • "Data Subject", means you, the person who owns and who will provide us with your Personal Information for processing;

 

"Operator" is any person who processes your Personal Information on our behalf as a contractor, in terms of a contract or mandate, without coming under the direct authority of us. These persons for illustration purposes may include verification agencies, advertising and public relations agencies, call centres, service providers, auditors, legal practitioners, and / or organs of state, including government, provincial and municipal entities and bodies

 

  • "Personal Information", means Personal Information relating to any identifiable, living, natural person, and an identifiable, existing legal entity, namely the Data Subject, including, but not limited to —

 

  • in the case of an individual:

 

  • name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, tax number and financial information;
  • vehicle registration;
  • dietary preferences;
  • financial history;
  • information about your next of kin and or dependants;
  • information relating to your education or employment history; and
  • Special Personal Information including race, gender, national, ethnic or social origin, colour, disability, criminal history, including offences committed or alleged to have been committed, and biometric information, such as images and fingerprints;

 

  • in the case of a legal entity:

 

  • name, address, contact details, registration details, financials and related history, B-BBEE score card, registered address, description of operations, bank details, details about your employees, business partners, customers, tax number, VAT number and other financial information.

 

  • "processing" / “process”or “processed”, means in relation to Personal Information, the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form; merging, linking, as well as restriction, degradation, erasure or destruction of information; or sharing with, transfer and further processing, including physical, manual and automatic means. This is a wide definition and therefore includes all types of usage of your Personal Information by us including the initial processing when we first collect your Personal Information and any further and ongoing processing until destruction of such information when no longer required;

 

  • “Purpose” means the reason why your Personal Information needs to be processed by us; 

 

  • "Responsible Party” means us, the person who is processing your Personal Information;

 

  • “you” means you, the person or organization who will be providing us, the Responsible Party, with your Personal Information, for processing, who is known as the Data Subject under POPIA.

 

1.3         In terms of POPIA, where a person processes another’s Personal Information, such processing must be done in a lawful, legitimate and responsible manner and in accordance with the provisions, principles and conditions set out under POPIA.

 

1.4         In order to comply with POPIA, a Responsible Party processing a Data Subject’s Personal Information must:

 

1.4.1      provide the Data Subject with a number of details pertaining to the processing of the Data Subject’s Personal Information, before such information is processed; and

 

1.4.2      get permission or consent, explicitly or implied, from the Data Subject, to process his / her / its Personal Information, unless such processing:

 

  • is necessary to carry out actions for the conclusion or performance of a contract to which the Data Subject of the Personal Information is a party;

 

  • is required in order to comply with an obligation imposed by law; or


 

 

  • is for a legitimate purpose or is necessary to protect the legitimate interest (s) and / or for pursuing the legitimate interests of i) the Data Subject; ii) the Responsible Party; or iii) that of a third party to whom the Personal Information is supplied; or

 

  • is necessary for the proper performance of a public law duty.

 

1.5         In accordance with the requirements of POPIA, and because your privacy and trust is important to us, we set out below how we, Continental collect, use, and share your Personal Information and the reasons why we need to use and process your Personal Information.

 

1.     APPLICATION

2.1       This Processing Notice applies to the following persons:

2.1.1    Interactors: persons who interact with us, physically or via email or via our websites, applications, mobile applications, or social media portals or platforms, or who come onto our sites and / or who enter our offices or facilities.

2.1.2    Users of our Sites: persons who use our websites, applications, mobile applications, or social media portals or platforms whether in order to find out more about us, to make enquiries about us, or our products or services or where persons want to do business with us be it providing or selling to us or receiving or buying from us, certain goods and services, etc.

2.1.3    Applicants: persons who wish to apply to do business with us, including the sale or provision of goods or services to us, or who want to purchase from us certain goods or services, including persons or entities who submitting applications to do business, credit applications and / or quotations or tenders;

2.1.4    Retailers,Customers and Clients- potential and actual: persons who are desirous of, or who do use and or purchase our products or services, who receive marketing communications and / or who communicate with us physically or via email or via our websites, applications, mobile applications, or social media portals or platforms, and / or who come onto our sites, facilities and / or who enter our offices.

2.1.5    Contractors, Vendors and Service Providers- potential or actual: persons who are desirous of, or who do provide us with goods, and services, or who we provide goods and services to, including consultancy and infrastructure related services and who we interact and communicate with, either physically or via email or via our websites, applications, mobile applications, or social media portals or platforms, and / or who come onto our sites, facilities and / or who enter our offices.

 

2.1.6    Regulators and Public Bodies: persons who we engage with in order to discharge legal and public duty obligations, including as an example SARS, National Treasury, Department of Labour, the Financial Sector Conduct Authority.

2.1.7    Business partners: whether in their capacity as an Operator or not, who provide services, goods and other benefits to us, our employees or to our customers, clients and service providers, such as medical aids, pension or provident funds, insurances, financial service providers, providers of administration related services, financial service providers, advertising, marketing or PR agencies, wellness, health and / or medical providers;

2.1.8    Recipients of marketing and promotional materials and communications: persons who have given us permission, as a customer, or in the context of a sale of our goods or services, or who have entered into a competition or promotion carried out by Continental,  permission to provide them with marketing materials, direct marketing materials and / or other Promotional related materials and communications.

 

1.PURPOSE FOR PROCESSING YOUR PERSONAL INFORMATION

3.1       Your Personal Information will be processed by us for the following purposes:

  • Due diligence purposes - legitimate purpose: To carry out a due diligence before we decide to engage or interact with you or to do business with you, including obtaining and verifying your credentials, including your business details, and where applicable your medical status, health history and related records, education, qualifications and employment history, credit and financial status and history, tax status, B-BBEE status, and or any performance or vendor related history.

 

  • Contract purposes -assessment and conclusion of a contract: To investigate whether we are able or willing to conclude a contract with you based on the findings of any due diligence detailed above, and if the assessment is in order, to conclude a contract with you.

 

  • To process transactions andrender or provide or receive goods and services - conclusion of a contract: To perform under any contract which has been concluded with you, including carrying out all contractual obligations, exercising all contractual rights, assessing or communicating requirements, including supplying, manufacturing, packaging, ordering and  delivering requirements, and / or responding to, or submitting queries, complaints, returns or engaging in general feedback, or acting in such a manner as to personalize any goods or services, and to make recommendations related to us and / or to your operations or activities.

 

  • Attending to financial matterspertaining to any transaction- conclusion of a contract: To administer accounts or profiles related to you including registrations, subscriptions, purchases, billing events, payments of fees, costs and charges,and taxes, calculations, quoting, invoicing, receipt of payments or payment of refunds, reconciliations and financial management in general.

 

  • Communications- legitimate purpose: To make contact with you and to communicate with you generally or in respect of our or your requirements, or instructions.

 

  • Risk assessment and anti- bribery and corruption matters-legitimate purpose: To carry out vendor, organizational and enterprise wide risk assessments, and due diligences, in order todetect and prevent bribery, corruption, fraud and abuse, to comply with ABC laws, as well as to identify and authenticate your access to and to provide you with access to our goods, services or premises and generally to ensure the security and protection of all persons including employees, and persons when entering or leaving our sites and operations or facilities and / or to exercise our rights and to protect our and others’ rights and / or property, including to take action against those that seek to violate or abuse our systems, services, customers or employees and / or other third parties where applicable.

 

  • Legal obligations, litigation, insurance and public duties: To comply with the law and legal obligations, including the requirement to register with regulators, obtain and hold permits and certificates, register for VAT, Tax, PAYE, SDL, COIDA and UIF, customs and excise, etc. and to pay levies and fees due in respect thereof, by Continental or others, to submit legal or statutory reports or provide various regulatory or statutory notices or returns, to litigate and / or to pursue or defend legal claims or collections, to attend to insurance claims and related procedures, to respond to a request or order from a SAP official, investigator or court official, regulator, or public authority.

 

  • Operational issues - compliance with laws and manage the contract: To communicate, enforce and ensure youcomply with our policies, including in relation to legal obligations, claims or actions or legal requirements and conducting investigations and incident responses, including reviewing your communications in these situations in accordance with relevant internal policies and applicable law.

 

  • Occupational health - compliance with laws: To manage occupational health and absence and fitness for work and notifying family members in emergencies.

 

  • Travel - contractual: To facilitate business travel, travel-related support including conference attendance, bookings, and emergency support services.

 

  • B-BBEE - compliance with laws: To comply with B-BBEE and to monitor or report B-BBEE requirements, opportunities and related diversity issues, including using your details in B-BBEE reports and score cards.

 

  • Security purposes: legitimate purpose and to comply with laws: topermit you access to our offices, facilities, manufacturing or parking areas, as well as to controlled areas, for the purposes of monitoring via CCTV, your interaction and access in and from our facilities described above, and for general risk management, security and emergency incident control purposes as well as for data and cybersecurity purposes.

 

  • Marketing and electronic communications related thereto –consent required: To provide you with communications regarding us, our goods and services and or to provide you with other notifications, competitions, programs, events, or updates that you may have registered or asked for, and to send you offers, advertising, and marketing materials, including providing personalized advertising to you, save where you have opted out of this activity.

 

  • Internal research and development purposes - consent required: To conduct internal research and development for new content, products, and services, and to improve, test, and enhance the features and functions of our current goods and services.
  • Sale, merger, acquisition, or other disposition of our business  - our Legitimate interest- To proceed with any proposed or actual sale, merger, acquisition, or other disposition of our business (including in connection with any bankruptcy or similar proceedings).

 

 

1.     WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU?

In order to engage and / or interact with you, for the purposes described above, we will have to process certain types of your Personal Information, as described below:

  • Your or your employer or organization’s contact information, such as name, alias, address, identity number, passport number, security number, phone number, cell phone number, vehicle make and registration number, social media user ID, email address, and similar contact data, serial numbers of equipment, details regards the possession of dangerous weapons, and other contact information including details of your employer, memberships or affiliations, such as the name of your employer or organization that you are a member of, information about your colleagues or those within your organization, your status with an organization, and similar data, which are required for various legitimate interest, contractual and / or lawful reasons.

 

  • Specific identifiers, which are required in order to protect legitimate interests, comply with legal obligations or public legal duties, or in order to accommodate you in our workplaces, such as your race (B-BBEE related)sexual and medical history including any medical conditions (to comply with laws and related to correct and fair treatment issues), trade union matters ( to comply with laws and related to correct and fair treatment issues), and financial, credit, deviant and criminal history ( to protect our legitimate interests and to perform risk assessments).

 

  • Account Information, including banking details, security-related information (including user names and passwords, authentication methods, and roles), service-related information (including purchase history and account profiles), billing-related information (including payment, shipping, and billing information), and similar data, all which are required to perform contractual matters and / or in order to provide you access to services.

 

  • User Content, such as content of communications, suggestions, questions, comments, feedback, and other information you send to us, that you provide to us when you contact us, or that you post on our websites, applications, mobile applications, or social media portals or platforms including information in alerts, folders, notes, and shares of content), and similar data which are required to perform contractual matters and / or in order to provide you access to services or attend to queries.

 

  • Device & Browser Information, such as network and connection information (including Internet Service Provider (ISP) and Internet Protocol (IP) addresses), device and browser identifiers and information (including device, application, or browser type, version, plug-in type and version, operating system, user agent, language and time zone settings, and other technical information), advertising identifiers, cookie identifiers and information, and similar data, which are required to perform contractual matters and / or in order to provide you access to services or attend to queries or to ensure that security safeguards are in place.

 

  • Usage Information and Browsing History, such as usage metrics (including usage rates, occurrences of technical errors, diagnostic reports, settings preferences, backup information, API calls, and other logs), content interactions (including searches, views, downloads, prints, shares, streams, and display or playback details), and user journey history (including clickstreams and page navigation, URLs, timestamps, content viewed or searched for, page response times, page interaction information (such as scrolling, clicks, and mouse-overs), and download errors), advertising interactions (including when and how you interact with marketing and advertising materials, click rates, purchases or next steps you may make after seeing an advertisement, and marketing preferences), and similar data which are required to perform contractual matters and / or in order to provide you access to services or attend to queries or to ensure that security safeguards are in place.

 

  • Location Data, such as the location of your device, your household, and similar location data, which are required to perform contractual matters and / or in order to provide you access to services or attend to queries or to ensure that security safeguards are in place.

 

  • Your Image, such as still pictures, video, voice, and other similar data, which are required to perform contractual matters and / or in order to provide you access to services or attend to queries or to ensure that security safeguards are in place.

 

  • Financial Information, such as billing address, billing contact details, and similar data, tax numbers and VAT numbers, which are required to perform contractual matters and / or in order to provide you access to services or attend to queries or to ensure that security safeguards are in place and / or which are required to comply with laws and public duties.

 

  • Career, Education, and Employment Related Information, such as work performance and history, nationality and immigration status, demographic data, disability-related information, professional licensure information and related compliance activities, accreditations and other accolades, education history (including schools attended, academic degrees or areas of study, academic performance, and rankings), and similar data, which are required for contractual or consultancy related matters or which are required to comply with laws and public duties.

 

  • Health records such as medical status and history, examinations, blood type, medial aid history, disability-related information, biometrics, medicals, psychometrics and similar data, which are required for contractual related matters or which are required to comply with laws and public duties.

 

  • Social Media and Online Content, such as information placed or posted in social media and online profiles, online posts, and similar data, which are required to perform contractual matters and / or in order to provide you access to services or attend to queries.

 

 

2.SOURCES OF INFORMATION - HOW AND WHERE DO WE COLLECT YOUR PERSONAL INFORMATION FROM

5.1       Depending on your requirements, we will collect and obtain Personal Information about you either directly from you, from certain third parties, or from other sources which are described below: 

 

5.1.1.   Direct collection: You provide Personal Information to us when you:

  • Use our websites, applications, mobile applications, or social media portals or platforms.
  • Interact with us.
  • Enquire about, or search for our goods or services.
  • When you submit a quotation, or offer to do business with us by way of a tender or when you conclude a contract with us.
  • When we submit a quotation, or offer to do business with you by way of a tender or when you conclude a contract with us.
  • When you express an interest in a CSI project or sponsorship.
  • Create or maintain a profile or account with us.
  • Conclude a contract with us.
  • Purchase or subscribe to our goods or services.
  • Use our goods or services.
  • Purchase, use, or otherwise interact with content, products, or services from third party providers who have a relationship with us.
  • Create, post, or submit user content on our websites, applications, mobile applications, or social media portals or platforms.
  • Register for or attend one of our events or locations.
  • Enter into a competition or promotional activity
  • Request or sign up for information, including marketing material and direct marketing material.
  • Communicate with us by phone, email, chat, in person, or otherwise.
  • Complete a questionnaire, survey, support ticket, or other information request form.

 

5.1.2    Automatic collection: We collect Personal Information automatically from you when you:

  • Search for, visit, interact with, or use our websites, applications, mobile applications, or social media portals or platforms.
  • Use our goods or services (including through a device).
  • Access, use, or download content from us.
  • Open emails or click on links in emails or advertisements from us.
  • Otherwise interact or communicate with us (such as when you attend one of our events or locations, when you request support or send us information, or when you mention or post to our social media accounts).

 

1.     Collection from third parties: We collect Personal Information about you from third parties, such as:

 

  • Those who a relationship with or that provide or publish Personal Information related to you.
  • Regulators, professional or industry organizations and certification / licensure agencies that provide or publish Personal Information related to you.
  • Third parties and affiliates who deal with or interact with us or you.
  • Service providers and business partners who work with us and that we may utilize to deliver certain content, products, or services.
  • Marketing, sales generation, and recruiting business partners.
  • SAP, Home Affairs, Credit bureaus and other similar agencies.
  • Other government agencies, regulators and others who release or publish public records.
  • Other publicly or generally available sources, such as social media sites, public and online websites, open databases, and data in the public domain.

 

 

6.                      HOW WE SHARE INFORMATION

We share Personal Information for the purposes set out in this Privacy Notice with the following categories of recipients:

  • our employees and our affiliates. We may share your Personal Information amongst our employees, affiliates and the companies within our Group for business and operational purposes

 

  • Your Organization and Contacts. We may share your Personal Information with your organization and others with whom you have a relationship in order to fulfil or perform a contract or other legal obligation, including with third parties that arrange or provide you with access to our goods or services and who pay us in connection with such access. We may also share your Personal Information with your contacts if you are in the same organization or to facilitate the exchange of information between you and the contact(s).

 

  • Business Partners. We may share your Personal Information with our business partners to jointly offer, provide, deliver, analyze, administer, improve, and personalize products or services or to host events. We may also pass certain requests from you or your organization to these business providers.

 

  • Third Party Content Providers. We may share your Personal Information with our third party content providers to perform tasks on our behalf and to assist us in providing, delivering, analyzing, administering, improving, and personalizing content related to our relationship with you, including financial benefits etc and may to this end pass certain requests from you or your organization to these providers.

 

  • Third Party Service Providers. We may share your Personal Information with our third party service providers to perform tasks on our behalf and which are related to our relationship with you, and to assist us in offering, providing, delivering, analyzing, administering, improving, and personalizing such services or products.

 

  • Cyber Third Party Service Providers -We may share your Personal Information with our cyber service providers to perform tasks on our behalf and which are related to our relationship with you, including those who provide technical and/or customer support on our behalf, who provide application or software development and quality assurance, who provide tracking and reporting functions, research on user demographics, interests, and behavior, and other products or services. These service providers may also collect Personal Information about or from you in performing their services and/or functions. We may also pass certain requests from you or your organization to these service providers.

 

  • Advertisers. We may share your Personal Information with advertisers, advertising exchanges, and marketing agencies that we engage for advertising services, to deliver advertising, and to assist us in advertising our brand and products and services. Those advertising services may also target advertisements on third party websites based on cookies or other information indicating previous interaction with us and/or ourselves.

 

  • In the Event of Merger, Sale, or Change of Control. We may transfer this Privacy Statement and your Personal Information to a third party entity that acquires or is merged with us as part of a merger, acquisition, sale, or other change of control (such as the result of a bankruptcy proceeding).

 

  • Regulators and law enforcement agencies. We may disclose your Personal Information to regulators and other bodies in order to comply with any applicable law or regulation, to comply with or respond to a legal process or law enforcement or governmental request.

 

  • Other Disclosures. We may disclose your Personal Information to third parties if we reasonably believe that disclosure of such information is helpful or reasonably necessary to enforce our terms and conditions or other rights (including investigations of potential violations of our rights), to detect, prevent, or address fraud or security issues, or to protect against harm to the rights, property, or safety of the group, our employees, any users, or the public.

 

 

7.           SECURITY OF INFORMATION

 

7.1         The security of your Personal Information is important to us. Taking into account the nature, scope, context, and purposes of processing Personal Information, as well as the risks to individuals of varying likelihood and severity, we have implemented technical and organizational measures designed to protect the security of Personal Information. In this regard we will conduct regular audits regarding the safety and the security of your Personal Information.

 

7.2         Your Personal Information will be stored electronically and in some cases in hard copy in files and records, which information, for operational reasons, will be accessible to and or provided to persons employed or contracted by us on a need to know basis.

 

7.3         Once your Personal Information is no longer required due to the fact that the purpose for which the Personal Information was held has come to an end, such Personal Information will be retained in accordance with our Continental records retention schedule, which varies depending on the type of processing, the purpose for such processing, the business function, record classes, and record types.We calculate retention periods based upon and reserve the right to retain Personal Information for the periods that the Personal Information is needed to: (a) fulfil the purposes described in this Processing Notice, (b) meet the timelines determined or recommended by regulators, professional bodies, or associations, (c) comply with applicable laws, legal holds, and other legal obligations (including contractual obligations), and (d) comply with your requests.

 

7.4         Notwithstanding the contents housed under clauses 7 and 8, please note that no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable measures designed to protect Personal Information, we cannot guarantee its absolute security.

8.           ACCESS BY OTHERS AND CROSS BORDER TRANSFER

 

8.1       Continental may from time to time have to disclose your Personal Information to other parties

including Continental subsidiaries, trading partners, agents, auditors, organs of state, regulatory bodies and / or national governmental, provincial, or local government municipal officials, or overseas trading parties or agents, but such disclosure will always be subject to an agreement which will be concluded as between ourselves and the party to whom we are disclosing your Personal Information to, which contractually obliges the recipient of your Personal Information to comply with strict confidentiality and data security conditions.

 

8.2         Where Personal Information and related data is transferred to a country which is situated outside South Africa, your Personal Information will only be transferred to those countries which have similar data privacy laws in place or where the recipient of the Personal Information concludes an agreement which contractually obliges the recipient to comply with strict confidentiality and data security conditions and which in particular will be to a no lesser set of standards than those imposed by POPIA.

 

 

9.           YOUR RIGHTS

 

9.1         You as a Data Subject you have certain rights, which are detailed below and which may be exercise by using the relevant forms housed on the CONTINENTAL Website https://www.continental-tyres.co.za/car /https://www.bestdrive.co.za/-see Data Privacy and Access To Information page:  

 

  • The right of access - You may ask CONTINENTAL (free of charge) to confirm that we hold your Personal Information, or ask us to provide you with details, (at a fee) on how we have processed your Personal Information, which request must be done by following the process set out under the CONTINENTAL PAIA Manual.  

 

  • The right to rectification - You have the right to ask us to update or rectify any inaccurate Personal Information which we hold of yours, which can be done by accessing the update / rectification request.

 

  • The right to erasure (the ‘right to be forgotten’) -Where any overriding legal basis or legitimate reason to process your Personal Information no longer exists, and the legal retention period in relation to the archiving of the information has expired, you may request that we delete the Personal Information, which can be done by accessing the request for erasure form.

 

  • The right to object to and restrict further processing - Where we do not need your consent to process your Personal Information, but you are not in agreement with such processing, you may lodge an objection to such processing by accessing the objection request.

 

  • The right to withdraw consent - Where you have provided us with consent to process your Personal Information, you have to right to subsequently withdraw your consent, which can be done by accessing the withdrawal of consent request.

 

The right to data portability- Where you want your Personal Information to be transferred to another party, which can be done under certain circumstances, by accessing completing the required transfer form.

 

 

10.  CHANGES TO THIS PRIVACY STATEMENT

10.1 As Continental changes over time, this Processing Notice is expected to change as well.

10.2 Continental reserves the right to amend the Processing Notice at any time, for any reason, and without notice to you other than the posting of the updated Processing Notice on the Continental Website.

10.3 We therefore request that you to visit our Website frequently in order to keep abreast with any changes.


11. COMPLAINTS OR QUERIES - CONTACT US

11.1 Any comments, questions or suggestions about this Processing Notice or our handling of your Personal Information should be emailed to dataprotection@conti.de

11.2 Alternatively, you can contact us at the following telephone numbers:

 Information Officer details:

(1) Mr Attie Higgs (Continental Tyres SA Pty Ltd)
(ID No. 651202 5057 082)
T|041 406 5111
F|041 451 2354

(2) Mr Sarvesh Nair (deputy) (Continental Tyres SA Pty Ltd)
( ID No. 7710215188084)
T|041 406 5102

(3) Mr Martin Buday (deputy) (Continental Tyres SA Pty Ltd)
(Passport no: BR0920638)
 T|041 406 5273

(4) Ms Lizelle Els (Contitech Africa Pty Ltd) (Contitech Services Pty Ltd) (Contitech South Africa Pty Ltd)
(ID no. 780830 0008 082)
T|041 996 2041

5) Mr Louis Van Dyk (Continental Tyres SA Pty Ltd)

ID no. 8209215072082

T| 0825506144

11.3 Our telephone switchboard is open 8:00 am – 16:30 pm GMT, Monday to Friday. Our switchboard team will take a message and ensure the appropriate person responds as soon as possible.

11.4 Should you wish to discuss a complaint, please feel free to contact us using the details provided above. All complaints will be treated in a confidential manner.

11.5 Should you feel unsatisfied with our handling of your Personal Information, or about any complaint that you have made to us, you are entitled to escalate your complaint to the South African, Information Regulator who can be contacted at .


12. PROCESSING OTHER PERSONS PERSONAL INFORMATION

12.1 If you process another’s Personal Information on Continental’s behalf, or which we provide to you in order to perform your contractual or legal obligations or to protect any legitimate interest, you will keep such information confidential and will not, unless authorized to do so, process, publish, make accessible, or use in any other way such Personal Information unless in the course and scope of your duties, and only for the purpose for which the information has been received and granted to you, and related to the duties assigned to you.


13.  ACCEPTANCE AND BINDING NATURE OF THIS DOCUMENT

13.1 By providing Continental with the Personal Information which we require from you as listed under this Processing Notice:

• you acknowledge that you understand why your Personal Information needs to be processed;
• you accept the terms which will apply to such processing, including the terms applicable to the transfer of such Personal Information cross border;
• where consent is required for any processing as reflected in this Processing notice, you agree that we may process this particular Personal Information.

13.2 Where you provide us with another person’s Personal Information for processing, you confirm that that you have obtained the required permission from such person (s) to provide us with their Personal Information for processing.

13.3 The rights and obligations of the parties under this Processing Notice will be binding on, and will be of benefit to, each of the parties’ successors in title and / or assigns where applicable.

13.4 Should any of the Personal Information concern or pertain to a legal entity whom you represent, you confirm that you have the necessary authority to act on behalf of such legal entity and that you have the right to provide the Personal Information and / or the required permissions in respect of the processing of that Organization or entities’ Personal Information.


End

4. PROCESSING NOTICE- CO-SEC CONTINENTAL

CONTINENTAL COMPANY SECRETARY PROCESSING NOTICE

 

 

1.                   PURPOSE OF THIS NOTICE AND TERMS USED

 

 

1.1          We, Continental Tyre SA Pty Ltd, Registration no: 1998/005020/07, Contitech Africa Pty Ltd, Registration no: 2006/036140/07, Contitech ServicesPty Ltd, Registration no: 1976/002089/07, Contitech South Africa Pty Ltd, Registration no: 2005/026683/07, Contitrade Africa Pty Ltd, Registration no: 2013/059163/07, (referred to as “we”, ”us”,“Continental” or “the company”) in our capacity as a Responsible Party, in order to engage with you, will have to process your Personal Information, and in doing so, will have to comply with a law known as the Protection of Personal Information Act, 4 of 2013 (hereinafter referred to as “POPIA”), which regulates and controls the processing of a legal entity’s and / or an individual’s Personal Information in South Africa, (hereinafter referred to as a “Data Subject”), which processing includes the collection, use, and transfer of a Data Subject’s Personal Information.

 

 

1.2         For the purpose of this Processing Notice, please take note of the following words and phrases which will be used throughout this Processing Notice:

 

 "consent", means the consentwhich you, in your capacity as a Data Subject,may have to give to us,under certain circumstances, to process your Personal Information, which consent must be voluntary, specific and informed. Following this, once we have explained to you why we need your Personal Information and what we will be doing with it, you are then, in relation to certain uses of the information, required to give us your permission to use it, which permission or consent can be express or implied; implied meaning that your consent can be demonstrated by way of your actions;

 

"Data Subject", means you, the person who owns and who will provide us with your Personal Information for processing;

 

 

 

"Operator"means any person who processes your Personal Information on our behalf as contractor, in terms of a contract or mandate, without coming under the direct authority of us. These persons for illustration purposes may include verification agencies, advertising and public relations agencies, call centres, service providers, auditors, legal practitioners, and / or organs of state, including government, provincial and municipal entities and bodies;

 

 "Personal Information", means Personal Information relating to any identifiable, living, natural person, and an identifiable, existing legal entity, namely the Data Subject, including, but not limited to —

 

 

o       name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, tax number and financial information;

o       vehicle registration;

o       dietary preferences;

o       financial history;

o       information about your next of kin and or dependants;

o       information relating to your education or employment history; and

o       Special Personal Informationincluding race, gender, pregnancy, national, ethnic or social origin, colour, physical or mental health, disability, criminal history, including offences committed or alleged to have been committed, membership of a trade union and biometric information, such as images, fingerprints and voiceprints, blood typing, fingerprinting, DNA analysis, retinal scanning and voice recognition;

 

in the case of a legal entity:

 

o       name, address, contact details, registration details, financials and related history, B-BBEE score card, registered address, description of operations, bank details, details about your employees, business partners, customers, tax number, VAT number and other financial information; director details; shareholder details

 

 

 

"processing" / “process”or “processed”, means in relation to Personal Information, the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form; merging, linking, as well as restriction, degradation, erasure or destruction of information; or sharing with, transfer and further processing, including physical, manual and automatic means. This is a wide definition and therefore includes all types of usage of your Personal Information by us including the initial processing when we first collect your Personal Information and any further and ongoing processing until destruction of such information when no longer required;

 

“Purpose” means the reason why your Personal Information needs to be processed byContinental;

 

"Responsible Party”meansContinental, the person who is processing your Personal Information;

 

“you” means you, the Data Subject the person or legal entity who will be providingContinental, with your Personal Information, for processing.

 

1.3         In terms of POPIA, where a Responsible Party processes a Data Subject’s Personal Information, such processing must be done in a lawful, legitimate and responsible manner and in accordance with the provisions, principles and conditions set out under POPIA.

 

1.4         In order to comply with POPIA, a Responsible Party processing a Data Subject’sPersonal Information must:

 

1.4.1      provide the Data Subject with a number of details pertaining to the processing of the Data Subject’sPersonal Information, before such information is processed; and

 

 

1.4.2      get permission or consent, explicitly or implied, from the Data Subject, to process his/her/its Personal Information, unless such processing:

 

§      is necessary to carry out actions for the conclusion or performance of a contract to which the Data Subject of the Personal Information is a party;

 

§      is required in order to comply with an obligation imposed by law; or

 

is for a legitimate purpose or is necessary to protect the legitimate interest (s) and / or for pursuing the legitimate 

§      interests of i) the Data Subject; ii) the Responsible Party; or iii) that of a third party to whom the Personal Information is supplied; or

 

 is necessary for the proper performance of a public law duty.

 

1.5         In accordance with the requirements of POPIA, and because your privacy and trust is important to all at Continental, we set out below how we, Continentaland more importantly the Continental Company Secretary Departmentcollect, use, and share your Personal Information and the reasons why we need to use and process your Personal Information.

 

 

1.               APPLICATION

2.1       This ContinentalCOMPANY SECRETARY PROCESSING NOTICEapplies to the following persons:

2.1.1    Potential or actual Continentaldirectors, trustees, executives and / or committee members;

2.1.2    Potential or actual Continental security holders or shareholders;

2.1.3    other persons or legal entities whose Personal Information is processed by the Continental Company Secretary Department, such as securities service providers, exchanges and stakeholders.

 

 

2.               PURPOSE FOR PROCESSING YOUR PERSONAL INFORMATION

3.1       Your Personal Information will be processed by Continental for the following purposes:

 

Due diligence purposes - legitimate purpose: To carry out a due diligence before we decide to engage or interact with you or to do business with you, including obtaining and verifying your credentials, such as your business details, your medical and health history and related records, education and employment history and qualifications, in the case of any directorship or executive position, as well as your credit and financial status and history, tax status, and B-BBEE status.

 

Contract purposes -assessment and conclusion of a contract: To investigate whether we are able or willing to conclude a contract with you based on the findings of any due diligence detailed above, and if the assessment is in order, to conclude a contract with you, be it in relation to our securities or shares or in relation to an appointment as an Continentaldirector, trustee or executive, and in order to manage such relationship.

 

Attending to administration and financial matters- conclusion of a contract and legitimate interest: To manage and operate the activities of Continental, including providing director, trustee or executive and / or shareholder details to third parties, including banks, regulators and trading partners and service providers, to administer company secretarial records, books, records, accounts or profiles related to you as a director, trustee, executive or a securities holder or shareholder including registrations, subscriptions, issuing of share scripts, documenting and recording the purchase, sale and issuing of shares or securities, sending out meeting agendas and notices, recording meeting minutes and resolutions, attending to billing fees, costs and charges, carrying out calculations, quoting, invoicing, receiving payments or paying dividends or refunds, attending to tax payment, paying executive, trustee or director fees or expenses, and related taxes on their behalf, and performing reconciliations and financial management in general.

 

Communications- legitimate purpose: To make contact with you and to communicate with you generally or in respect of our or your requirements, or instructions.

 

 

 Risk assessment and anti- bribery and corruption matters-legitimate purpose: To carry out organizational and enterprise wide risk assessments, and due diligences, in order todetect and prevent bribery, corruption, fraud and abuse, to comply with ABC laws, as well as to identify and authenticate your access to and to provide you with access to our goods and services or premises  where applicable, and generally to ensure the security and protection of all persons including employees, and persons when entering or leaving the Continentalsites and operations or facilities and / or to exercise our rights and to protect our and others’ rights and / or property, including to take action against those that seek to violate or abuse our assets, systems, services, customers or employees and / or other third parties where applicable.

 

Legal obligations, litigation, insurance and public duties: To comply with the law and legal obligations, including the requirement to register with regulators, obtain and hold permits and certificates, register forVAT, Tax, PAYE, SDL, COIDA and UIF etc. and to pay levies and fees due in respect thereof, by Continental or others, to submit legal or statutory reports or provide various regulatory or statutory notices or returns, to litigate and / or to pursue or defend legal claims or collections, to attend to insurance claims and related procedures, to respond to a request or order from a SAP official, investigator or court official, regulator, or public authority.

 

Business and operational issues - compliance with law and manage the contract: To communicate, enforce and ensure that youcomply with any applicable policies and procedure which pertain to and apply to directors. Trustees, executives or shareholders, conducting investigations and incident 

situations in accordance with relevant internal policies and applicable law.

 

 Occupational health - compliance with laws:To manage in the case of directors, executives and trustees, occupational health and absence and fitness for roles and notifying family members in emergencies.

 

 Travel- contractual:To facilitate business travel, travel-related support including conference attendance, bookings, and emergency support services.

 

 B-BBEE - compliance with laws:To comply with B-BBEE and monitor or report B-BBEE opportunities and related diversity issues, including but not limited to age, gender, ethnicity, nationality, religion, disability, sexual orientation, and marital or family status.

 

 

 Security purposes: legitimate purpose and to comply with laws: topermit you access to our offices, facilities, manufacturing or parking areas, as well as to controlled areas, for the purposes of monitoring via CCTV, your interaction and access in and from our facilities described above, and for general risk management, security and emergency incident control purposes as well as for data and cybersecurity purposes.

 

 Marketing and electronic communications related thereto –consent required: To provide you with communications regarding us, our goods and services and or other notifications, programs, events, or updates that you may have registered or asked for, and to send you offers, advertising, and marketing materials, including providing personalized advertising to you, save where you have opted out of this activity.

 

Internal research and development purposes:To conduct internal research and development for new content, products, and services, and to improve, test, and enhance the features and functions of our current goods and services.

 

 Sale, merger, acquisition, or other disposition of our business  -our Legitimate interest: To proceed with any proposed or actual sale, merger, acquisition, or other disposition of our business (including in connection with any bankruptcy or similar proceedings).

 

 

1.               WHAT PERSONAL INFORMATION  OR INFORMATION DO WE COLLECT FROM YOU?

In order to engage and / or interact with you, for the purposes described above, we will have to process certain types of your Personal Information, as described below:

 

 Contact information, such as name, alias, address, identity number, passport number, security number, phone number, cell phone number, vehicle make and registration number, social media user ID, email address, and similar contact data, serial numbers of equipment, details regards the possession of dangerous weapons, and other contact information including details of your employer, directorships, memberships or affiliations, your status with an organization, and similar data, which are required for various legitimate interest, contractual and / or lawful reasons.

 

  • Specific identifiers, such as your fingerprints (access control or SAP clearance purposes), race (B-BBEE)medical history including any medical conditions (to comply with laws and related to correct and fair treatment issues), and financial, credit, deviant and criminal history (to protect our legitimate interests and to perform risk assessments), which are required in order to protect legitimate interests, comply with legal obligations or public legal duties, and / or in order to accommodate you within the Continental facilities/

 

  • Financial and account Information, such as billing address, billing contact details, and similar data, tax numbers and VAT numbers, banking details and similar data, which are required to perform contractual matters and to comply with laws.

 

  • General communications, such as requests,general or specificcommunications, opinions, suggestions, questions, comments, feedback, and other information you send to us, which processing is done in order to protect legitimate interests, comply with legal obligations or public legal duties.

 

  • Your Image, such as still pictures, video, voice, and other similar data, which are required to perform contractual matters and / or in order to accommodate you within the Continental facilities.

 

  • Career, Education, and Employment Related Information, in the case of directors, trustees and executives, such as work performance and history, nationality and immigration status, demographic data, disability-related information, professional licensure information and related compliance activities, accreditations and other accolades, education history (including schools attended, academic degrees or areas of study, academic performance, and rankings), and similar data, which are required for contractual related matters or which are required to comply with laws and public duties.

 

Health records,in the case of directors, trustees and executives, such as medical status and history, examinations, blood type, medial aid history, disability-related information, biometrics, medicals, psychometrics and similar data, which are required for contractual related matters or which are required to comply with laws and public duties.

1.SOURCES OF INFORMATION - HOW AND WHERE DO WE COLLECT YOUR PERSONAL INFORMATION FROM

5.1       Depending on your requirements, we will collect and obtain Personal Information about you either directly from you, from certain third parties, or from other sources which are described below: 

5.1.1.   Direct collection: You provide Personal Information to us when you:

  • express an interest in us;
  • respond to our communication sent to you;
  • make contact with or interact with us;
  • become an Continental director, shareholder, trustee or executive;
  • enquire about, or search for us or our goods or services;
  • create or maintain a profile or account with us;
  • conclude a contract with us;
  • purchase or subscribe to our goods or services, including our shares or securities;
  • register for or attend one of our events or locations;
  • request or sign up for information, including marketing material.
  • communicate with us by phone, email, chat, in person, or otherwise.

 

5.1.2    Automatic collection: We collect Personal Information automatically from you when you:

  • search for, visit, interact with, or use our websites or social media portals or platforms;
  • use our goods or services (including through a device);
  • access, use, or download content from us;
  • open emails or click on links in emails or advertisements from us;
  • otherwise interact or communicate with us (such as when you attend one of our events or locations, when you request support or send us information, or when you mention or post to our social media accounts).

 

1.     Collection from third parties: We collect Personal Information about you from third parties, such as:

  • those who have a relationship with you;
  • regulators, professional or industry organizations and certification / licensure agencies that provide or publish Personal Information related to you;
  • third parties and affiliates who deal with or interact with us or you;
  • service providers and business partners who work with us and that we may utilize to deliver certain content, products, or services;
  • marketing, sales generation, and recruiting business partners;
  • SAP, Home Affairs, Credit bureaus and other similar agencies;
  • other government agencies, regulators and others who release or publish public records;
  • other publicly or generally available sources, such as social media sites, public and online websites, open databases, and data in the public domain.

6.                      HOW WE SHARE INFORMATION

We share your Personal Information for the purposes set out in this Company Secretary Processing Notice with the following categories of recipients:

 

  • Continentalemployees, directors, trustees, executivesand affiliates. We may share your Personal Information amongst our employees, directors, trustees, executives and affiliates and the companies within Continental, detailed under Annexure “A”, for business and operational purposes.

 

  • Business Partners. We may share your Personal Information with our business partners.

 

  • Third Party Service Providers. We may share your Personal Information with our third party service providers to perform tasks on our behalf and which are related to our relationship with you.

 

  • IT and Cyber Third Party Service Providers -We may share your Personal Information with our cyber service providers to perform tasks on our behalf and which are related to our relationship with you.

 

  • PR Agencies and Advertisers. We may share your Personal Information with advertisers, advertising exchanges, and marketing agencies that we engage for promotional, advertising and printing of brochure services.

 

  • Regulators and law enforcement agencies. We may disclose your Personal Information to regulators and other bodies in order to comply with any applicable law or regulation, to comply with or respond to a legal process or law enforcement or governmental request.

 

  • Other Disclosures. We may disclose your Personal Information to third parties as part of our commercial activities , or if we reasonably believe that disclosure of such information is necessary to enforce our terms and conditions or other rights (including investigations of potential violations of our rights), to detect, prevent, or address fraud or security issues, or to protect against harm to the rights, property, or safety ofContinental, our employees, its directors, trustees, executives, shareholders or stakeholders, or the public.

 

  • Merger, Sale, or Change of Control. We may share your Personal Information to a third party entity as part of a merger, acquisition, sale, or other change of control activity.

 

 

7.           SECURITY OF INFORMATION

 

7.1         The security of your Personal Information is important to us. Taking into account the nature, scope, context, and purposes of processing Personal Information, as well as the risks to individuals of varying likelihood and severity, we have implemented technical and organizational measures designed to protect the security of Personal Information. In this regard we will conduct regular audits regarding the safety and the security of your Personal Information.

 

7.2         Your Personal Information will be stored electronically and in some cases in hard copy in files and records, which information, for operational reasons, will be accessible to and / or provided to persons employed or contracted by us on a need to know basis.

 

7.3         Once your Personal Information is no longer required, such Personal Informationwill be retained in accordance with our Continentalrecords retention schedule, which varies depending on the type of processing, the purpose for such processing, the business function, record classes, and record types.We calculate retention periods based upon and reserve the right to retain Personal Information for the periods that the Personal Information is needed to: (a) fulfil the purposes described in this Processing Notice, (b) meet the timelines determined or recommended by regulators, professional bodies, or associations, (c) comply with applicable laws, legal holds, and other legal obligations (including contractual obligations), and (d) comply with your requests.

 

7.4         Notwithstanding clause 7 and 8, please note that no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable measures designed to protect Personal Information, we cannot guarantee its absolute security.

 

8.           ACCESS BY OTHERS AND CROSS BORDER TRANSFER

 

8.1         Continentalmay from time to time have to disclose your Personal Information to other parties, includingContinentalsubsidiaries, trading partners, agents, auditors, organs of state, regulatory bodies and / or national governmental, provincial, or local government municipal officials, or overseas Continental subsidiaries or trading parties or agents, but such disclosure will always be subject to an agreement which will be concluded as between ourselves and the party to whom we are disclosing your Personal Information to, which contractually obliges the recipient of your Personal Information to comply with strict confidentiality and data security conditions.

 

8.2         Where your Personal Information is transferred to a country which is situated outside South Africa, your Personal Information will only be transferred to those countries which have similar data privacy laws in place or where the recipient of the Personal Information concludes an agreement which contractually obliges the recipient to comply with strict confidentiality and data security conditions and which conditions in particular will be to a no lesser set of standards than those imposed by POPIA.

 

YOUR RIGHTS

 

9.1         You as a Data Subject you have certain rights, which are detailed below and which may be exercise by using the relevant forms housed on the CONTINENTAL Website  www.continental.co.za/   https://www.bestdrive.co.za/ -see Data Privacy and Access To Information page:  

 

  • The right of access - You may ask CONTINENTAL (free of charge) to confirm that we hold your Personal Information, or ask us to provide you with details, (at a fee) on how we have processed your Personal Information, which request must be done by following the process set out under the CONTINENTAL PAIA Manual.  

 

  • The right to rectification - You have the right to ask us to update or rectify any inaccurate Personal Information which we hold of yours, which can be done by accessing the update / rectification request.

 

  • The right to erasure (the ‘right to be forgotten’) -Where any overriding legal basis or legitimate reason to process your Personal Information no longer exists, and the legal retention period in relation to the archiving of the information has expired, you may request that we delete the Personal Information, which can be done by accessing the request for erasure form.

 

  • The right to object to and restrict further processing - Where we do not need your consent to process your Personal Information, but you are not in agreement with such processing, you may lodge an objection to such processing by accessing the objection request.

 

  • The right to withdraw consent - Where you have provided us with consent to process your Personal Information, you have to right to subsequently withdraw your consent, which can be done by accessing the withdrawal of consent request.

 

  • The right to data portability- Where you want your Personal Information to be transferred to another party, which can be done under certain circumstances, by accessing completing the required transfer form.

 

 

10.3 We therefore request that you to visit our Website frequently in order to keep abreast with any changes.


11. COMPLAINTS OR QUERIES - CONTACT US

11.1 Any comments, questions or suggestions about this Processing Notice or our handling of your Personal Information should be emailed to dataprotection@conti.co.za.


11.2 Alternatively, you can contact us at the following telephone numbers:

Information Officer details:

(1) Mr Attie Higgs (Continental Tyres SA Pty Ltd)
(ID No. 651202 5057 082)
T|041 406 5111
F|041 451 2354


(2) Mr Sarvesh Nair (deputy) (Continental Tyres SA Pty Ltd)
( ID No. 7710215188084)
T|041 406 5102


(3) Mr Martin Buday (deputy) (Continental Tyres SA Pty Ltd)
(Passport no: BR0920638)
T|041 406 5273

(4) Ms Lizelle Els (Contitech Africa Pty Ltd) (Contitech Services Pty Ltd) (Contitech South Africa Pty Ltd)
(ID no. 780830 0008 082)
T|041 996 2041

5) Mr Louis Van Dyk (Continental Tyres SA Pty Ltd)

ID no. 8209215072082

T| 0825506144

11.3 Our telephone switchboard is open 8:00 am – 16:30 pm GMT, Monday to Friday. Our switchboard team will take a message and ensure the appropriate person responds as soon as possible.

11.4 Should you wish to discuss a complaint, please feel free to contact us using the details provided above. All complaints will be treated in a confidential manner.

11.5 Should you feel unsatisfied with our handling of your Personal Information, or about any complaint that you have made to us, you are entitled to escalate your complaint to the South African, Information Regulator who can be contacted at https://www.justice.gov.za/inforeg/


12. PROCESSING PERSONAL INFORMATION

12.1 If you process another’s Personal Information onContinental’s behalf, or which we provide to you in order to perform your contractual or legal obligations or to protect any legitimate interest, you will keep such information confidential and will not, unless authorized to do so, process, publish, make accessible, or use in any other way such Personal Informationunless in the course and scope of your duties, and only for the purpose for which the information has been received and granted to you, and related to the duties assigned to you.


13. ACCEPTANCE AND BINDING NATURE OF THIS DOCUMENT

13.1 By providing Continental with the Personal Information which we require from you as listed under this Processing Notice:

• you acknowledge that you understand why your Personal Information needs to be processed;

• you accept the terms which will apply to such processing, including the terms applicable to the transfer of such Personal Information cross border;

• where consent is required for any processing as reflected in this Processing notice, you agree that we may process this particular Personal Information.

13.2 Where you provide us with another person’s Personal Information for processing,you confirm that that you have obtained the required permission from such person (s) to provide us with their Personal Information for processing.

13.3 The rights and obligations of the parties under this Processing Notice will be binding on, and will be of benefit to, each of the parties’ successors in title and / or assigns where applicable.

14.4 Should any of the Personal Information concern or pertain to a legal entity whom you represent, you confirm that you have the necessary authority to act on behalf of such legal entity and that you have the right to provide the Personal Information and / or the required permissions in respect of the processing of that Organization or entities’ Personal Information.


End


POPIA PAIA Form downloads

A) Objection to processing- Form 1 pdf 260 KB
B) Deletion correction- Form 2 pdf 215 KB
C) Consent direct marketing- Form 3 pdf 109 KB
D) PAIA- Form 4 pdf 68 KB
E) PAIA- Form 5 pdf 68 KB
F) Request for access to records- PAIA Form 6 pdf 75 KB
G) Continental Tyre 2021 PAIA Manual pdf 546 KB
H) POPIA Policy pdf 373 KB