For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”) and in accordance with the definition of Personal Data in Article 4(1) of the General Data Protection Regulation GDPR (EU) 2016/679. Top Nice Cars also subscribes to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We use all reasonable measures to ensure the quality, accuracy, and confidentiality of Personal Information in our possession.

In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorized access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% secure unfortunately.

When making use of the Website, Users may be asked to provide the following information (Personal Information):

• First name;
• Surname;
• Company name;
• Vehicle information (year, make, model, color, mileage and the like);
• Email;
• Phone number;

We will attempt to limit the types of Personal Information we process to only that to which you consent to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, MMS and other mobile services), but, to the extent necessary, your agreement to this Privacy Policy constitutes your consent as contemplated in section 69 of the Act and/or Article 7 of the GDPR (whichever is applicable). Where necessary, we will seek to obtain your specific consent in future instances should we deem same required by law and where your consent herein might not be lawfully sufficient.

We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.

By agreeing to the terms contained in this Privacy Policy, you consent to the use of your Personal Information in relation to:

• The provision and performance of the Services;
• Informing you of changes made to our Website;
• The provision of marketing-related services to you, on an opt-in basis, by Top Nice Cars, such as, but not limited to the subscription to the Top Nice Cars newsletter;
• Responding to any queries or requests you may have;
• Developing a more direct and substantial relationship with Users for the purposes described in this clause;
• Understanding general User trends and patterns so that we can develop and support existing and ongoing marketing strategies;
• For security, administrative and legal purposes;
• The creation and development of market data profiles which may provide insight into market norms, practices and trends to help us improve our offering to you. Such information will be compiled and retained in aggregated form, but shall not be used in any way which may comprise the identity of a User; and
• Conducting market research to measure user experience, dealer performance, vehicle preferences and consumer trends.

Although absolute security cannot be guaranteed on the internet, Top Nice Cars has in place up-to-date, reasonable technical and organizational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorized disclosure or access to the information we process online. While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.

We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws that provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction by means of ensuring that standard data protection clauses are enforced as envisaged by the GDPR.

Your information will not be stored for longer than is necessary for the purposes described in this Privacy Policy or as required by applicable legislation.

The Personal Information Top Nice Cars collects from Users shall only be accessed by Top Nice Cars employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons, alternatively, such Personal Information as is available publicly on the Website to prospective Purchasers and Sellers.

Top Nice Cars shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to Top Nice Cars for publishing on the Website. You shall be solely responsible for the contents of all material published by yourself.

We do not accept any Users, or representatives of Users, under 18 years of age or who otherwise do not have the relevant capacity to be bound by this Privacy Policy.

You hereby consent to the sharing of your Personal Information to third parties, Sellers, and Purchasers as and when required by the Website, but in accordance with your specific, informed consent, in the instances.