GDPR | TEMPEST CAR HIRE - PRIVACY POLICY



TABLE OF CONTENT

  1. Who processes your personal data collected through this website?
  2. For what purposes does Tempest Car Hire collect your personal data?
  3. Who are the data recipients of the personal information we collect about you?
  4. For what period will Tempest Car Hire retain your personal data?
  5. What rights can you exercise with respect to the processing of your personal data?
  6. Who to contact when you have a query regarding the processing of your personal data?
  7. How does Tempest Car Hire protect your personal data?
  8. What rules apply to the processing of your personal data when clicking on links placed on Tempest Car Hire website redirecting to Tempest Car Hire partner's websites or other websites?
  9. Changes to this Privacy Policy

Introduction

We welcome visitors to our website and are pleased about the interest of existing and potential customers in our Privacy Policy. The following information shows we are very serious about protecting personal information.

Personal information is collected, processed and used in accordance with the applicable provisions of data protection law solely for contractual performance and for protecting our legitimate business interests in respect of customer service and support.

This document may be printed or saved using the usual browser functions (generally “File” -> “Save As”). This document is also available in PDF form here , and can be archived. The PDF file can be opened using the free Adobe Reader program (at www.adobe.de) or comparable programmes that read the PDF format.

By agreeing to the following Privacy Policy, you give your consent for Tempest Car Hire to collect, process and use your personal information in compliance with data protection laws and the provisions below.

1. Who processes your personal data collected through this website?

Tempest Car Hire South Africa, a division of Motus Group Limited (Registration Number: 1983/009088/06), a company duly registered in accordance with the laws of the republic of South Africa, with principle place of business situated at 16 Ernest Oppenheimer Road, Bruma, South Africa (hereinafter referred to as "Tempest") is responsible for the processing of your personal data (i.e. any information that would allow to identify you, either directly or indirectly) collected through this website.

We are providing this information so that customers and prospective customers can make an informed decision about whether they want to provide personal information to Tempest that might be requested or collected in connection with a visit to the Website.

2. For what purposes does Tempest collect your personal data?

Tempest processes personal data that you voluntarily provide to Tempest through this website for the following purposes:

1. Your registration as Tempest member, creation of your account and providing you with a Tempest ID.

This processing is necessary to identify you and to prepare and facilitate your future booking / rental agreements with Tempest.

1. Your booking:

2. to confirm and guarantee your booking;

3. to modify or cancel your booking;

to exchange with you in relation to your booking (e.g. to provide you with information on your booking, to send you reminder notice before your check-in / check-out, to respond to your questions or suggestions);

1. to manage your invoices if you decide to pay in advance, and handle any arrears;

2. to manage potential claims

This processing is necessary for the management of your booking and the preparation of the rental agreement concluded with an entity of Tempest group or network. 

1. If you decide to pay in advance, your payment for Tempest products / services.

This processing is necessary for the performance of the purchase of Tempest products / services. For your full information, Tempest can only retain your credit card information, subject to your express consent in order to facilitate future payments.

1. The improvement of Tempest products / services on the basis of customer surveys you have completed.

This processing, aiming at having a better understanding of Tempest members' needs and offering you customized functions to enhance your experience of Tempest products / services, is based on Tempest "legitimate interest".

1. The operation of Tempest live web chat to provide you with preliminary online assistance.

This processing, aiming at creating more proximity and establishing a closer relationship with you by notably answering more quickly your queries, is based on Tempest "legitimate interest".

1. Promotional and marketing activities, namely:

2. the sending of email and SMS notifications for special promotions / deals;

3. the recording of your rental history to suggest you preferred products / services when looking for new booking / rentals;

the recording of your rental history:

- to send you commercial messages,

- to send you special offers; and/or

- to make you benefiting from special advantages;

depending on the volume, amounts, frequency of your orders, duration of your rentals and your activity on our website (e.g., number of visits);

1. the sending of emails about a booking you did not complete or send you a summary about a booking enquiry;

2. the management of your loyalty program and membership card;

3. the organization of promotional contests / sweepstakes;

- the management and update of Tempest customers / prospects database

- the publication of your ratings on Tempest products / services.

Direct marketing processing activities, i.e. any commercial message from Tempest aiming at promoting Tempest products / services, are subject to your express consent.

By exception, if you are already a Tempest existing customer and that the message concerns products / services similar to those you have already purchased, the underlying processing aiming at promoting these products / services will not be based on your consent but on Tempest "legitimate interest".

In addition, Tempest also uses third party websites like social networks to display targeted advertising to which you might be exposed when visiting these third party websites.

The underlying processing aiming at promoting our products / services is based on Tempest "legitimate interest".

These advertising are displayed by and are under the control of the third party operating the relevant website. Furthermore, Tempest will have no direct access to your personal information. You can exercise your data protection rights, including the right to object to such processing, directly with the third party operating the website on which the targeted advertising is displayed. We encourage you to review the third party websites privacy and cookies policies to further understand the rules applicable to the targeted advertising operations and the adequate processes to exercise your rights.

1. The management of fines, in particular:

2. to transfer to the South African National Road Traffic authorities the identity of the driver (or potential driver);

3. to satisfy fines collection procedure to which Tempest may be subject

This processing is required by law.

Claims on social networks and protecting Tempest’s reputation

1. The management and update of a watch list of customers presenting certain contractual risks based on:

2. payment incidents which have given rise to legal proceedings;

3. vehicle accidents or repeated damages caused by Tempest customers

4. accidents or damages caused voluntarily by Tempest customer;

use of Tempest vehicles in breach of the general terms and conditions for rental of vehicles.

This processing, aiming at reducing Tempest entities risks exposure in the performance of the rental agreements, is based on Tempest "legitimate interest" as head of Tempest group / network. Should you appear on Tempest watch list, your booking / rental request will be rejected. As the case may be, you will be entitled to contest such decision by contacting Tempest or the local Tempest entity where you wish to rent.

For your full information, Tempest carries out certain processing of your personal information through "cookies" and other tracers collected every time you visit Tempest website. These processing are governed by Tempest Cookies Policy, which we encourage you to review. You can accept or reject these cookies and other tracers by following the instructions provided in Tempest Cookies Policy located at tempestcarhire.co.za/cookiepolicy.

3. Who are the data recipients of the personal information we collect about you?

3.1 Categories of recipients

Your personal data will be disclosed, as necessary / relevant, to:

1. to the authorized personnel of Tempest and of entities of the same group, entities of Tempest franchise network and agent / sales intermediary appointed by Tempest, for the purposes described in this privacy policy;

2. third party IT service providers for technical purposes in order to help Tempest in providing you with access to this website and to Tempest products / services. The main IT service providers are:

1. First Tech Software, for business applications development and maintenance;

2. Google Marketing Platform, for data center maintenance and user support services;

NMPi, for marketing services;

1. Google Inc., in particular for hosting services and business applications.

2. Google Inc., in particular for hosting services and business applications.

1. regarding the information processed for the payment of fines, to the South African National Road Traffic authorities;

2. regarding the information processed for the purpose of the management and update of a watch list of customers presenting certain contractual risks to the vehicle rental agencies branch of the Southern African Vehicle Rental and Leasing Association to the benefit of their members (if applicable);

3. marketing agencies for the preparation and conduct of marketing campaigns;

4. external consultants for various missions in the course of Tempest business activities.

Tempest can also disclose your personal data to the extent required by law and/or by competent authorities.

3.2 International transfers

As necessary to provide you with Tempest services, Tempest will, to the extent necessary for the purposes set forth herein, transfer your personal data outside the EU to the abovementioned third parties.

Depending on the case, certain recipients may be located in countries which have been recognized by the European Commission as ensuring an adequate level of data protection or in countries which has not been recognized as ensuring such a level of protection. In any case, Tempest has put in place appropriate safeguards to protect your personal data, in compliance with the EU regulation no.2016/679.

To find more information regarding the countries where your personal data can be transferred and their level of data protection by Tempest (if applicable), please contact Tempest at marketing@tempestcarhire.co.za.

To have more information about the transfer of your personal data outside the European union, please refer to the contact information provided at the end of this Policy.

4. For what period will Tempest retain your personal data?

Your personal data are retained for different period, depending on the purposes of the processing:

Purpose

Retention period

▪ Your registration as Tempest member, the creation of your account and the provision of your with Tempest ID

▪ Your booking

For the duration of the commercial relationship.

However, information that may evidence a right or a rental agreement, or that must be kept in compliance with a legal requirement, may be subject to an intermediate archiving policy for a period of time that does not exceed the time that is necessary for the purposes for which it is kept, in accordance with applicable legal provisions.

▪ Payment – Payment card information

Upon effective completion of the payment.

However, payment card information (excluding the visual cryptogram):

▪ that may evidence a payment (i.e. card number and date of validity) must be kept in compliance with all legal requirements and may therefore be subject to an intermediate archiving policy for a period of time that does not exceed the time that is necessary for the purposes for which it is kept, in accordance with applicable legal provisions;

▪ can be retained for a longer period, subject to your express consent to facilitate future payments.

In any case, when the payment card is expired, related information will be deleted.

▪ Promotional and marketing activities

▪ For Tempest customers, 3 years as from the end of the relationship with Tempest.

▪ For prospects – who are not Tempest customers – 3 years as from the collection of your personal information OR as from the last request for information you made.

▪ Cookies

▪ Please check Tempest Cookies Policy

▪ Operation of Tempest live web chat

3 years as from the end of the relationship with Tempest.

▪ Improvement of Tempest services depending on your preferences

3 years as from the end of the relationship with Tempest.

▪ Payment of fines

For the time necessary to identify the driver (or the potential driver) liable for the infraction leading to the fine, which cannot exceed 45 days after receipt of the fine. However, relevant information can be kept for a longer period of up to 36 months after receipt of the fine, subject to an intermediate archiving policy.

Requests from the South African National Road Traffic authorities including personal information are deleted once these requests have been proceeded by Tempest.

▪ The management and update of a blacklist of customers presenting certain contractual risks namely: 

i. payment incidents which have given rise to legal proceedings

ii. vehicle accidents or repeated damages caused by Tempest customers

iii. accidents or damages caused voluntarily

3 years as from the occurrence of the relevant event

iv. the use of Tempest vehicles in breach general terms and conditions for rental of vehicles

5 years as from the occurrence of this event


5. What rights can you exercise with respect to the processing of your personal data?

At any time, you can view and/or update your personal profile, which includes member registration, driver information and car rental preferences information, through the "My Tempest" link, accessible through the main navigation bar of Tempest website. You will be able to change your password, secret question, update or correct phone number, address, email, and driving licence information and update your car rental and travel preferences including insurance, means of payment and frequent traveler membership.

As per EU regulation no.2016/679, you can also benefit from the following rights:

1. right of "access": right to obtain confirmation as to whether or not your personal data are being processed by Tempest, and, where that is the case, to access to these personal data and to obtain further information on the characteristics of our processing[1];

2. right "to rectification": right to obtain the rectification of inaccurate personal data or the right to have incomplete personal data completed, including by means of providing a supplementary statement;

3. right to "erasure" (or the so-called "right to be forgotten"): right to obtain the deletion of your personal data in certain circumstances[2]; right to "object": at any time, a right to object to the processing of your personal data to prevent Tempest from continuing to carry out such processing:

4. where your data are processed for direct marketing purposes;

5. where your personal data are processed on the basis of Tempest’ s legitimate interest. In that case, your request will be satisfied only if you provide Tempest with a description of the particular situation legitimating your request and save if Tempest can demonstrate overriding legitimate grounds in light of your particular situation.

6. right to "withdraw your consent": where the processing of your personal data is based on your consent, a right to withdraw your consent to the processing of your personal data at any time and to prevent Tempest from continuing to carry out such processing;

7. right to "data portability": where the processing of your personal data is based on your consent and carried out by automated means, the right to receive your personal data provided to Tempest, in an Excel spreadsheet[3] and to transmit those data to a designated third party.

8. right of a "deceased person": right to define guidelines regarding the processing of your personal information after your death.

If you wish to exercise any of these rights, please contact info@tempestcarhire.co.za as set out below in section 6.

To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making corrections

As per article 77 of the EU regulation no. 2016/679, you can lodge a complaint about the processing of your personal data with the body regulating data protection in your country[4] if you consider that the processing of your personal data infringes the said EU regulation no. 2016/679.

6. Who to contact when you have a query regarding the processing of your personal data?

Depending on the purpose of your query, you will find below

1. To exercise your rights (access, rectification, erasure, restriction, etc.): you can use the following email address: info@tempestcarhire.co.za

2. For general query regarding the processing of personal data carried out by Tempest: info@tempestcarhire.co.za

7. How does Tempest protect your personal data?

Tempest is committed to protecting the information it collects through this website.

In particular, Tempest uses appropriate physical, technical and organizational security measures to prevent unauthorized or unlawful processing, accidental loss of or destruction of or damage to your personal data.

Tempest’s systems are configured with data encryption, or scrambling technologies, and industry-standard firewalls. When you send personal information to a Tempest website over the Internet, your data is protected by "Transport Layer Security" (TLS) technology to ensure safe transmission.

Any credit card transaction you make through Tempest websites is done through our Secure Server Technology. This technology notably:

1. assures your browser that your data is being sent to the correct computer server, and that the server is secure;

2. encodes the data, so that it cannot be read by anyone other than the secure server;

3. checks the data being transferred to ensure it has not been altered.

8. What rules apply to the processing of your personal data when clicking on links placed on Tempest website redirecting to Tempest partner's websites or other websites?

You may find various links to Tempest's partners websites or other third party websites (e.g. for travel services) on this website. Tempest would like to draw your attention to the fact that this privacy policy does not apply to the processing of your personal data carried out by our partners or other third parties when visiting their respective websites and that Tempest is not responsible for these kinds of processing. We encourage you to review the privacy policies of Tempest's partners and other third parties to further understand the rules applicable to the processing of your personal data carried out by the same.

9. Changes to this Privacy Policy

This privacy policy was published on May 25th, 2018. In case of changes to this privacy policy implemented by Tempest, such changes will be identified by Tempest on this webpage.

When a change materially impacts a processing carried out on the basis of your consent, Tempest will contact you to obtain a new consent.

[1] Regarding the purposes of the processing, the categories of personal data concerned, the categories of recipients, whether these data are transferred to third countries and appropriate safeguards put in place (if any), the storage period, the existence of any automated decision-making based on these data, the right to lodge a complaint with the relevant data protection authority, the existence of other data subjects' rights (rectification, erasure, restriction).

[2] Where (i) data are no longer necessary in relation to the purposes for which they are processed, (ii) you withdraw your consent and there is no other legal ground for the processing, (iii) you object to the processing of your personal data and there are no overriding legitimate grounds, (iv) it is demonstrated that your personal data have been unlawfully processed, to comply with a legal obligation.

[3] Or any other commonly used and machine-readable format.