Privacy Notice and Informed Consent

This Privacy Notice and Informed Consent Document (“Notice”) must be read together with the agreement you will or have entered into with MiX Telematics (any B-BBEE agreement, partner agreement, supplier or service provider agreement, fleet customer direct service agreement or consumer product and services terms and conditions, collectively hereinafter the “Agreement”). Unless defined herein, terms used in this Notice shall bear the meanings as defined in the Agreement or in the Protection of Personal Information Act, 4 of 2013 (“POPIA”). Any reference to “you” and “your” Personal Information, details or other information in this Notice shall include reference to that of an Emergency Contact or that of a person or entity who you claim to represent. Any reference to “MiX Telematics” “Us” “We” or “Our” shall be a reference to either MiX Telematics Africa (Pty) Ltd, MiX Telematics International (Pty) Ltd or MiX Telematics Enterprise SA (Pty) Ltd, as the context may require.

This Privacy Notice and Informed Consent Document (“Notice”) must be read together with the agreement you will or have entered into with MiX Telematics (any B-BBEE agreement, partner agreement, supplier or service provider agreement, fleet customer direct service agreement or consumer product and services terms and conditions, collectively hereinafter the “Agreement”). Unless defined herein, terms used in this Notice shall bear the meanings as defined in the Agreement or in the Protection of Personal Information Act, 4 of 2013 (“POPIA”). Any reference to “you” and “your” Personal Information, details or other information in this Notice shall include reference to that of an Emergency Contact or that of a person or entity who you claim to represent. Any reference to “MiX Telematics” “Us” “We” or “Our” shall be a reference to either MiX Telematics Africa (Pty) Ltd, MiX Telematics International (Pty) Ltd or MiX Telematics Enterprise SA (Pty) Ltd, as the context may require.

Introduction

MiX Telematics is committed to protecting your privacy and recognises that it needs to comply with statutory requirements in the collection, processing, distribution and destruction of Personal Information.

Section 14 of the Constitution of the Republic of South Africa, 1996, provides that everyone has the right to privacy; additionally, POPIA further reiterates that the right to privacy includes a right to protection against the unlawful collection, retention, dissemination and use of Personal Information.

According to section 18 of POPIA, if Personal Information is collected, the responsible party must take reasonably practicable steps to ensure that the data subject is made aware of the Personal Information being collected. Where the Personal Information is not collected from the data subject, the data subject must be advised of the source from which it is collected, subject to certain exceptions, including those where the collection of Personal Information is required for a contractual or legal purpose and/or is required for the purpose of protecting the legitimate interests of MiX Telematics.

You agree that, where MiX Telematics is regarded as a responsible party under the Agreement, We may collect, collate, process and/or store Personal Information for the purpose as set out below. MiX Telematics will comply with this Notice, Our internal policies and procedures, POPIA and all other relevant laws and regulations and We confirm that We respect your privacy and Personal Information. We will take all reasonable measures to protect your Personal Information, details and other information and keep it confidential, during or after any interaction of whatever nature with MiX Telematics.

When there are reasonable grounds to believe that your Personal Information has been accessed or acquired by an unauthorised person, We will notify you and the Information Regulator, unless the Information Regulator or a public body responsible for detection, prevention or investigation of offences, informs Us that there are legal grounds not to inform you. In the event that We provide you with such a notification, We will provide you with sufficient information to allow you to take protective measures against the potential consequences of the compromise.

You accept the terms and conditions of this Notice and explicitly consent to the collection, use and disclosure of your Personal Information in the manner set out below when either: i) you provide your Personal Information, that of an Emergency Contact, or that of a person or entity who you claim to represent, to Us; ii) when using Our websites, social media platforms or mobile applications; iii) allow Our hardware / devices / units to be installed in an asset and using Our services, and/or; continue to provide any services and/or products to Us. If you do not agree with the provisions of this Notice or if you are concerned about any aspect relating to the protection of your Personal Information, please do not continue to provide your Personal Information to Us; use any of Our websites, social media platforms or mobile applications; allow Our hardware / devices / units to be installed in an asset or use Our services, and/or; continue to provide any services and/or products to Us.

Section 18 Details

MiX Telematics would like to acquire informed consent from you before We collect any of your Personal Information, that of your Emergency Contact or of any person or entity who you claim to represent (also referred to as the data subject).

MiX Telematics is obliged to provide you with the following information when collecting Personal Information from you:

Type of information: We will obtain and process the following Personal Information:

Third Party Vendors:
  • General Personal Information - name, physical address, postal address, e-mail addresses, telephone or mobile numbers;
  • Identification numbers - copies of registration, identity or passport documentation, associated numbers and other reference numbers issued by government bodies or agencies;
  • Financial information - bank account name, number and account details, invoices, statements, credit history, credit score and other financial information;
  • Business system information - system and user identification or account names / numbers and certain passwords; on-line platform activity records;
  • Company secretarial information - statutory documents, B-BBEE certificates / affidavits and tax compliance statuses; Private Security Industry Regulatory Authority (PSIRA), Motor Vehicle Security Association of South Africa (VESA), and/or any other business related industry certification; and
  • Contractual information - signed Agreements and other documentation, recordings of telephone calls between you and MiX Telematics; and your customers’ business and asset information to enable Us to provide the services to you (if any).
Customers:
  • General Personal Information - name, physical address, postal address, e-mail addresses, telephone or mobile numbers;
  • Identification numbers - copies of registration, identity or passport documentation, associated numbers and other reference numbers issued by government bodies or agencies;
  • Financial information - bank account name, number and account details, invoices, statements, credit history, credit score and other financial information;
  • Business system information - system and user identification or account names / numbers and certain passwords; on-line platform activity records;
  • Company secretarial information - statutory documents, B-BBEE certificates / affidavits and tax compliance statuses;
  • Contractual information - Agreement voice logs, signed Agreements, recordings of telephone calls between you and MiX Telematics and/or our partners (e.g. call centres);
  • Information to provide services to you - activity records (such as driving behaviour, harsh braking, speeding, etc.); location data or identification of an asset (asset coordinates, trip data, make, model, colour, VIN or registration number of the asset); and photo or video clips of you or the asset, either in-asset or outside asset, if Our video enabled services are used; and
  • Investigation information - when crimes, including fraud, are investigated (for example, We will share information with insurers who are investigating an insurance claim or with the South African Police Service who are investigating a criminal matter).

Where Personal Information will be held and how it will be stored; the Personal Information will be stored in hardcopy and/or softcopy (either in the cloud; on third-party Customer Relationship Management (CRM) platforms, systems and datacentres; on electronic devices or on internal servers). Fleet customer related data and Personal Information is mainly stored in the cloud (hosted by Amazon Web Services, mostly in Ireland with certain servers used in-country as well, for example Australia). Consumer customer data and Personal Information is held in a hosting facility at a Dimension Data international data centre, copies of that data and Personal Information also reside on internal MiX Telematics servers as back-up for disaster recovery purposes.

Purpose: you agree that We may use the Personal Information, details and any other relevant information to enable:

  • Us to identify you and potentially enter into an agreement with you;
  • Us to carry out any Agreement/s that may exist between you and Us;
  • Our finance department to pay or invoice you for services rendered or provided; for Us to invoice you for the use or purchase of Our hardware / devices / units; or for us to pay you for products purchased;
  • Us to vet your credit history and score with a registered credit bureau or to hand you over for debt collection;
  • Us to hand over any legal matter that may arise between us to Our legal advisors.
Third Party Vendors (additional purposes):
  • Us to tender or submit a proposal for a customer agreement, where your products and/or services are required to enable Us to provide services, hardware / devices / units;
  • Us to communicate with you to carry out any Agreement/s that may exist between you and Us, for example: through SMS, WhatsApp, email and/or telephone in order for Us to provide or receive services.
Customer (additional purposes):
  • Us to, from time-to-time, send you important information regarding Our services. You agree to electronic communication from Us, for example: through SMS, email and/or telephone in order for Us to provide the services;
  • Us to process your request for Our hardware / devices / units to be installed in an asset and to provide services to you as stipulated in the Agreement;
  • Us to track and recover your asset in the event that it lost, stolen or hijacked (if you subscribed to this specific service);
  • Us to contact you while delivering the services to you;
  • Our operations department to schedule and ensure that hardware / devices / units in an asset are installed, commissioned and maintained;
  • Our employees or one of Our call centres to assist you in the event of any questions or queries you may have;
  • Us to ensure the quality of Our services and to ensure that we can provide services to you at all reasonable times;
  • Us to collect and analyse your Personal Information and combine all the information that We have about you to enable us to provide better services to you;
  • Us to aggregate information for statistical purposes and to develop strategic and marketing plans;
  • Us to notify you about changes to Our services, upcoming termination of your Agreement with Us, or introduce you to new services or value added services from time to time;
  • Us to process information into aggregated and/or anonymised form for commercial purposes to enhance and/or assist service delivery generally;
  • Us to share certain Personal Information and such other information as may be required, with an affiliate, subsidiary, partner, service provider, fitment centre, call centre, sales agent, insurance company, banking institution, contractor and the like (“Partner”) to enable Us to provide Our services to you. As indicated in the Agreement, you agree that We may from time-to-time, directly or through a Partner, send you communications regarding, without being limited to, a.) special offers or discounts which We may negotiate for and offer to Our customers regarding the services; b.) special offers or discounts which We may negotiate for and offer to you regarding value added services; and/or c.) new services or products launched. All communications will abide by this Notice and applicable laws and regulations.
    You will always be entitled to notify Us in writing that you do not wish to receive or continue to receive promotional or marketing-related communications and if you are a consumer as contemplated in the CPA, to pre-emptively block the receipt of such communications.

Source: We may receive Personal Information from you directly, from your claimed representative, from any of our Partners, or from a credit bureau. If we receive Personal Information from another source, we will take reasonably practicable steps to notify you of this.

We will receive the Personal Information:

  • electronically;
  • verbally, via telephone or in-person;
  • in hardcopy (on paper);
  • when you make use of our websites, social media platforms, or mobile applications;
  • when you apply for and use our services; and/or
  • from the hardware / device / unit installed in your asset as used by Us in providing the services to you, if applicable.

Responsible party details:

The following parties will be the responsible party in processing your Personal Information depending on which entity you contract with and/or receive services from:

Company Name: Registration Number: Physical Address:
MiX Telematics Africa (Pty) Ltd 2004/019797/07 Howick Close, Waterfall Office Park, Bekker Road, Midrand, 1686
MiX Telematics Enterprise SA (Pty) Ltd 2008/008530/07 Howick Close, Waterfall Office Park, Bekker Road, Midrand, 1686
MiX Telematics International (Pty) Ltd 1963/006970/07 Blaauwklip Office Park, corner Strand and Webbers Valley Roads, Jamestown, Stellenbosch, 7600

Voluntary or mandatory: the disclosure of the Personal Information to MiX Telematics is, unless otherwise indicated, mandatory, to enable MiX Telematics to provide the asset tracking and recovery services to you and/or to carry out any Agreement/s that may exist between you and Us.

Consequences of not providing the information: The consequences of failure to provide Personal Information or other details, withdrawing consent or choosing to delete certain Personal Information or other details may prevent MiX Telematics to provide the asset tracking and recovery services to you and/or to carry out any Agreement/s that may exist between you and Us.

Disclosing requirement: We may also share the Personal Information under the following circumstances:

  • where We have reason to believe that such disclosure is necessary to identify, contact or bring legal action against a party who may be in breach of Our Agreement or may be causing injury, harm to or interference with (either intentionally or unintentionally) Our rights or property, other customers, or anyone else that could be harmed by such activities;
  • when the South African Police Service requests Personal Information if they are investigating criminal matters or when insurance companies investigate insurance claims; and
  • when in the public interest and required by laws and regulations. In such instances, We reserve the right to disclose the Personal Information as required in order to comply with Our legal obligations or duty, including but not limited to: complying with court orders, warrants, subpoenas, service of process requirements, discovery requests or lawful criminal investigations.

Contractual requirement: the B-BBEE agreement, partner agreement (such as with a dealer or value added reseller), fitment centre agreement, call centre agreement, sales agent agreement, insurance company agreement, banking institution agreement, contractor agreement, supplier or service provider agreement, fleet customer direct service agreement or consumer product terms and conditions (such as the Matrix, Beame and/or MiX Recovery Protect Terms and Conditions), which makes the supply of the Personal Information mandatory.

Cross border transfer: We form part of a global organisation with business processes, management structures and technical systems that cross borders. We may share Personal Information about you within the MiX Telematics Group and transfer it to countries in the world where we do business in connection with the uses identified above and in accordance with this Privacy Notice. Our Group Policies and our practices are designed to provide a globally consistent level of protection for Personal Information all over the world. This means that even in countries whose laws provide for less protection for your Personal Information, the MiX Telematics Group will still handle your Personal Information in the manner described in our MiX Telematics Group policies.

As indicated above, all of our data in the cloud is hosted by Amazon Web Services, with the main servers located in Ireland. The CRM platforms, systems and datacentres mentioned above make use of their own cloud based data storage with servers located in a number of countries globally.

In some cases, the MiX Telematics Group uses suppliers and service providers located in various countries to collect, use, analyse, and otherwise process data (which includes Personal Information) on its behalf. It is the MiX Telematics Group's practice to require such suppliers and service providers to handle data in a manner consistent with and similar to the security and organisational measures and policies which the MiX Telematics Group complies with.

Recipients of information: Our Partners, credit bureaus, vehicle recovery service providers, attorneys (for litigation and/or debt collecting procedures), auditors, South African Police Services or other legal / regulatory authorities in cases of stolen vehicles and the like.

Access and right to amend: You have the right to access your Personal Information and to request that your Personal Information is corrected, destroyed, or you may object to your Personal Information being processed. However, your Personal Information may continue to be processed if it:

  • is necessary for the conclusion or performance of the agreement between us for Our rendering of the asset tracking and recovery services to you;
  • is required by law;
  • protects your legitimate interest/s;
  • is necessary for the proper performance of a public law duty by a public body; or
  • is necessary to pursue Our legitimate interests or the interest of a third party to whom the Personal Information is supplied.

It is your responsibility to ensure that all the Personal Information, details and/or other information you give to Us is true and correct. You must notify Us in the event of any change to such Personal Information, details and/or other information. You warrant that you are properly authorised and allowed to give Us the Personal Information. In the case of a change to the Personal Information, you will notify Us of such change within 24 (twenty-four) hours of the change or you becoming aware of the change. Details can be changed by:

Consumer Customers: Fleet Customers:
  • sending an email to or calling your MiX Telematics customer care manager.
Third Party Vendors:
  • sending an email to or calling your MiX Telematics representative or account manager.

Right to object: You have the right to object to the processing of your Personal Information, in the prescribed manner, on reasonable grounds and in relation to your particular situation, when: (i) your Personal Information is being processed to protect your legitimate interest/s or when processed to pursue Our legitimate interests or the interest of a third party to whom the Personal Information is supplied, unless there is a law that provides for such processing; or, (ii) for purposes of direct marketing other than direct marketing by means of unsolicited electronic communication.

Complaints: You have the right to lodge a complaint with the Information Regulator in line with the provisions of POPIA in the event that you feel We have not processed your Personal Information in line with legal requirements. Complaints can be lodged at the Information Regulator using the following email address: complaints.IR@justice.gov.za.

General

When you use the services provided by Us, you will be given a user name and password to access the mobile applications and log-in to Our websites. You are responsible for maintaining the secrecy and confidentiality of the user name and password. Please do not share the password with anyone.

We value the Personal Information that you choose to provide to Us and we will take appropriate and reasonable technical and organisational measures to keep the Personal Information confidential and protect it from loss, damage, misuse or unauthorised access, destruction and/or processing. However, the transmission of any information via the internet or electronic mail is not completely secure and We cannot guarantee the security of the Personal Information transmitted to our websites or via electronic mail. Any transmission of the Personal Information to any of Our websites or via electronic mail is entirely at your own risk. Once We have received the Personal Information, details and/or any other information, We will use strict technical and organisational measures to try to prevent unauthorised access, destruction and/or processing.

Consent

By providing the Personal Information, details and/or any other information to Us, by having Our hardware / device / unit installed in your asset, by receiving the services We provide or by continuing to provide any services and/or products to Us, you hereby consent to MiX Telematics processing the Personal Information as stipulated in this Notice. You further confirm that you:

  • are supplying the Personal Information voluntarily and without any undue influence from any party;
  • are supplying the Personal Information because it is mandatory to supply it to enable MiX Telematics to provide the services to you and/or to carry out any Agreement/s that may exist between you and Us; and
  • that failure to provide the Personal Information will result in MiX Telematics not being able to provide the services to you and/or to carry out any Agreement/s that may exist between you and Us.

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Address

Howick Close
Waterfall Park
Midrand
South Africa
Tel: +27 11 654 8000