SMG Terms of Service
By accessing the website at https://smg.co.za, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on SMG’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on SMG’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by SMG at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on SMG’s website are provided on an ‘as is’ basis. SMG makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, SMG does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall SMG or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on SMG’s website, even if SMG or a SMG authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on SMG’s website could include technical, typographical, or photographic errors. SMG does not warrant that any of the materials on its website are accurate, complete or current. SMG may make changes to the materials contained on its website at any time without notice. However SMG does not make any commitment to update the materials.
SMG has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SMG of the site. Use of any such linked website is at the user’s own risk.
SMG may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of South Africa and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
SMG Group Privacy Statement
The SMG Group (“SMG”) Privacy Statement covers The McCarthy Family Trading Holdco (Pty) Ltd (Registration Number 2020/539145/07), including any of its subsidiaries and The McCarthy Family Property Holdco (Pty) Ltd (Registration Number: 2020/539144/07), including any of its subsidiaries. SMG takes your privacy and the protection of your personal information very seriously, and we will only use your personal information in accordance with this Statement and Applicable Laws. You hereby indemnify and hold SMG harmless from any loss, damages or injury that you may incur as a result of any unintentional disclosures of your personal information to unauthorised persons or the provision of incorrect or incomplete personal information to SMG.
What is the SMG Privacy Statement?
This Statement sets out how your personal information will be used by SMG and applies to any information, including personal information, that you give to SMG, or which SMG may collect from third parties.
It is important that you read this Statement carefully before submitting any personal information to SMG.
By submitting any personal information to SMG you provide consent to the processing of your personal information as set out in this Statement.
The provisions of this Statement are subject to mandatory, unalterable provisions of the Applicable Laws.
Please do not submit any personal information to SMG if you do not agree to any of the provisions of this Statement. If you do not consent to the provisions of this Statement, or parts of the Statement, SMG may not be able to provide its products and services to you.
“Applicable Laws” means local laws, regulations, treaties and codes, for example the Financial Intelligence Centre Act 38 of 2001, the National Credit Act 34 of 2005 and the Protection of Personal Information Act 4 of 2013.
“SMG” or “we” means The McCarthy Family Trading Holdco (Pty) Ltd (Registration Number 2020/539145/07), including any of its subsidiaries and The McCarthy Family Property Holdco (Pty) Ltd (Registration Number: 2020/539144/07), including any of its subsidiaries.
“SMG Affiliate” means a particular entity within SMG.
“Client” or “you” means any prospective, new or existing client of any SMG Affiliate.
Can this Privacy Statement be amended?
We may amend this Statement from time to time for any of the following reasons:
• to provide for the introduction of new systems, methods of operation, services, products, property offerings or facilities;
• to reflect an actual or expected change in market conditions or general financial services or lending practices;
• to comply with changes to any Applicable Laws;
• to ensure that this Statement is clearer and more favourable to you;
• to rectify any mistake that might be discovered from time to time; and/or
• for any other reason which SMG, in its sole discretion, may deem reasonable or necessary.
Any such amendment will come into effect and become part of any agreement you have with SMG when notice is given to you of the change by publication on our website. It is your responsibility to check the website often.
How does SMG handle security and privacy on the website?
We endeavour to keep our website secure at all times. We do however advise you that we cannot guarantee the security of any information provided to us or by us through our website, email, internet or social media. We cannot be held responsible for any loss or unauthorised use or interception of information transmitted via the website, email, internet or social media which is beyond our control.
Third party websites
Our website may contain links to other websites outside of SMG. We are not responsible for the content, privacy or security of other websites.
Cookies are information that is used to track visitor use of a website and to compile statistical reports on website activity. If you wish to restrict or block cookies, you can do this through your browser settings.
We use social plugins of social networks such as Facebook, YouTube, LinkedIn, Google+ and Twitter.
Please note that we have no influence on or control over the extent of the data retrieved by the social networks’ interfaces and we can accordingly not be held responsible or liable for any processing or use of personal information transmitted via these social plugins. For information on the purpose and extent of the data retrieval by the social network concerned, and about the rights and settings possibilities for the protection of your private sphere, please refer to the data protection information provided by the social network in question.
What personal information does SMG collect, and how?
We may collect the following information about you:
• Your 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;
• Information about your beneficial owner if we are required to do so in terms of Applicable Laws;
• Records of correspondence or enquiries from you or anyone acting on your behalf;
• Details of transactions you carry out with us;
• Details of contracts, sales or leases you carry out with us;
• Your credit history, where you have applied for credit or where we have agreed to provide credit to you; and
• Sensitive or special categories of personal information, including biometric information, such as images, fingerprints and voiceprints.
If you are under 18 please do not provide us with any personal information unless you have the permission of your parent or legal guardian to do so.
How does SMG collect information?
You may provide personal information to us either directly or indirectly, by completing an application for our products and services or requesting further information about our products and services, whether in writing, through our website, over the telephone, through one of the Original Equipment Manufacturers we represent or any other means.
We may receive information about you:
• When you contact us directly, either via our website, web chat service, our Customer Service teams, by email, telephone or via social media, whether to apply for one of our products or services or to make an enquiry or other request;
• From one of the Original Equipment Manufacturers we represent;
• From one of the Insurance Companies who have approved SMG as an approved accident repairer:
• From other SMG Entities within, or affiliates of, SMG or our carefully selected business partners who provide products and services under one of our brands;
• From third parties, such as credit bureaus, when we do credit checks or decide whether to enter into an agreement with you;
• Occasionally from other third parties who may lawfully pass your information on to us; or
• Telephone calls to us may be recorded and/or monitored for training and quality assessment purposes.
How do SMG process and store my Information?
Is my information safe with SMG?
We continuously implement technical and organisational security measures in order to protect the data we hold against unauthorised access as well as accidental or wilful manipulation, loss or destruction.
It is also important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all login details, including passwords and access codes are kept secure).
How is my personal information processed?
We take the privacy and protection of your personal information very seriously and will only process your personal information in accordance with the Applicable Laws and this Statement.
Accordingly, SMG will comply with the relevant data privacy principles or conditions relating to the processing (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) of your personal information set out in Applicable Laws.
SMG employees attend regular data protection training. Your personal information will only be processed for purposes set out in this Statement or if we are entitled to do so under Applicable Laws.
Can SMG retain my information?
We may retain your personal information indefinitely, unless you object, in which case we will only retain it if we are permitted or required to do so in terms of Applicable Laws. However, as a general rule, we will retain your information in accordance with retention periods set out in Applicable Laws, unless we need to retain it longer for a lawful purpose (for example, for the purposes of complaints handling, legal processes and proceedings).
What rights do I have regarding my personal information?
You have the right to contact the relevant credit bureau(s), to have the credit record(s) disclosed and to correct any inaccurate information.
You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restriction on the processing of personal information held about you. If you wish to exercise this right, please contact us using the contact details set out in our PAIA Manual.
You have a right to object on reasonable grounds to the processing of your personal information where we claim such processing is necessary to pursue our legitimate interests, your legitimate interests or the legitimate interests of a third party to which the information is supplied. We may then stop such processing, unless Applicable Laws provide for such processing.
Can information be shared with third parties?
Can SMG share my information?
We may share your personal information with:
• Other SMG entities, our agents and sub-contractors, and third parties who process personal information on our behalf and SMG Group companies, or affiliates, in South Africa;
• With the Original Equipment Manufacturers we represent;
• With the Insurance Companies who have appointed SMG as an approved repairer;
• Our carefully selected business partners, including those who provide products and services under any of our brands;
• Our service providers and agents who perform services on our behalf;
• Any person who has agreed or is considering to provide security for your indebtedness, including any surety, guarantor, potential surety or potential guarantor under any finance document who requests such information to evaluate any actual or potential liability under such suretyship or guarantee;
• A prospective buyer or seller of any of our businesses, assets or debt;
• A person who acquires substantially all of the assets of a SMG Affiliate;
• Any person if we are under a duty to disclose or share your personal information in order to comply with any Applicable Laws, or to protect the rights, property or safety of SMG, its clients or other third parties;
• Other lenders or banks, collection agencies, lawyers, accountants, auditors, regulators and law enforcement agencies, to the extent necessary to protect, preserve or enforce SMG’s rights and interests in respect of any agreement or any finance document or to respond to any legal enquiry or to comply with any regulatory obligation;
• Any other SMG Affiliate and any assignee or potential assignee of SMG’s rights and/or obligations under any agreement or any person with whom any SMG Affiliate may otherwise consider entering into a contract in relation to a relevant finance document; and
• Your agent or any other person acting on your behalf, an independent financial advisor or an introducer, informing them of the outcome of your application and whether we have agreed to provide you with the product, service or offering you have applied for. We may also disclose information about you and your relationship with SMG to such person throughout the term of that relationship.
We may disclose your personal information to these third parties for any purpose permitted in terms of Applicable Laws, including to;
• assess and monitor any of your applications for SMG’s products or services, including the risk involved to comply with Applicable Laws;
• determine which products and services may be of interest to you and/or to send you information about such products and services, unless you object or choose not to receive such communications;
• expedite credit applications;
• make decisions regarding the extension of credit;
• keep your usual contact within SMG informed of the progress of any new applications for new services or products, and the other way around;
• have a better understanding of your circumstances and needs to provide and improve SMG’s products and services;
• comply with Applicable Laws requiring SMG and/or any third party to collect personal information;
• identify whether other financial institutions have received payment from you due to us;
• detect and report fraud and criminal activities, to identify the proceeds of unlawful activities and to combat crime;
• use for marketing purposes; and
• make reports to any regulator or supervisory authority, including those in foreign jurisdictions, if SMG is required to do so in terms of Applicable Laws.
We do not share your personal information with any third parties, except if:
• we are legally permitted or obliged to provide such information for legal or regulatory purposes;
• we are required to do so for purposes of existing or future legal proceedings;
• we are selling one or more of our businesses to someone to whom we may transfer our rights under any agreement we have with you;
• Necessary for purposes of preventing fraud, loss, bribery or corruption;
• they perform services and process personal information on our behalf;
• it is required in order to provide or manage any information, products and/or services to you; and
• needed to help us improve the quality of our products and services.
If you do not wish us to disclose this information to third parties, please contact us at the contact details set out herein. We may, however, not be able to provide products or services to you if such disclosure is necessary.
Can I share information with SMG on third Parties?
Where you provide us with the personal information of third parties you should take steps to inform the third party that you need to disclose their details to us and identify us. We will process their personal information in accordance with this Statement. If you give us information on behalf of someone else, you confirm to us that you have their permission to do so and that they are aware of the contents of this Statement and do not have any objection to us processing their information in accordance with this Statement.
What is my personal information used for?
Subject to Applicable Laws, we may use your personal information for a variety of purposes, including:
Legal & Contractual
• Legal or contractual purposes;
• To manage your credit agreement or other contractual arrangement or relationship;
• To detect and prevent fraud and money laundering and/or in the interest of security and crime prevention;
• To conduct sanction party list and politically exposed person screening against any relevant list which SMG may in its sole discretion determine;
• To verify your identity; and
• To comply with applicable laws, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies.
Marketing & Data Analytics/Enrichment
• Data analytics and/or enrichment;
• To carry out analysis and customer profiling;
• To identify other products and services which might be of interest to you;
• To assess and deal with complaints and requests;
• To conduct market research and provide you with information about SMG’s products or services from time to time via email, telephone or other means (for example, events); and
• Where you have unsubscribed from certain direct marketing communications, for the purposes of ensuring that we do not send such direct marketing to you again.
• To help us recover debts;
• To take credit decisions where you have applied for credit or where we have agreed to provide credit to you;
• To request your consumer credit reports or those of any security provider from one or more credit reporting agency in connection with any agreement between you and a SMG affiliate and where you direct us to do so, where applicable;
• To use your credit score or other electronic data-check mechanisms when considering any credit application and when providing you with services and products, and verifying any information provided by you and making whatever enquiries we deem necessary from any source whatsoever to establish your creditworthiness; and
• To transmit to a registered credit bureau any information concerning your application for credit, our agreement with you, termination and non-compliance with the terms thereof, as well as information about your credit agreement.
In instances where you have applied for credit or where we have agreed to provide credit to you, we may conduct searches at credit bureaus and other third parties. Details of our searches will be kept by the credit bureau and will be available to other businesses that conduct searches with that agency for the purposes of meeting our regulatory obligations, credit assessments, debt recovery, and management of your accounts, prevention of money laundering and fraud and statistical analysis. In instances where you apply for credit, we will tell you, where required by Applicable Laws, if we make a decision about you relating to your credit scoring or eligibility for our products or services based solely on an automated decision-making process. You will be given a reasonable opportunity if permitted by Applicable Laws or a code of conduct to make representations about a decision.
Operational & Customer Service
• To obtain a single view of a customer for all of SMG;
• To improve your customer experience;
• To help us improve the quality of our products and services;
• To provide you with the services, products or offerings you have requested, and to notify you about important changes to these services, products or offerings;
• To comply with your instructions or requests;
• For operational, marketing, auditing, legal and record-keeping requirements;
• To transfer or process your personal information outside of the Republic of South Africa to such countries that may not offer the same level of data protection as the Republic of South Africa, including for cloud storage purposes and the use of any of our websites. We will however only transfer your personal information across South African borders if the relevant situation requires trans-border processing and will do so only in accordance with Applicable Laws.
• To record, access and/or monitor your telephone calls and electronic communications to/with SMG, including all forms of notifications, correspondence received by or sent from SMG (including its employees, agents or contractors) in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention and to comply with Applicable Laws;
• To enable vehicle tracking of an SMG vehicle (either by means of an existing in-car functionality or an after-market tracking device installed at our costs (and at our sole discretion) in the SMG vehicle) to locate the SMG vehicle where it is necessary to protect our legitimate interests. This may include where you are in default in respect of any of your obligations under an agreement, where a court order has been granted in our favour for the return of the SMG vehicle, where the SMG vehicle has been (or is suspected of having been) stolen or in an accident and in other instances where the location of the SMG vehicle is unreasonably not made known to us. Such vehicle tracking may involve the processing of your personal information, such as your location or address;
• To disclose your personal information to third parties, including other SMG Entities, for reasons set out in this Statement or where it is not unlawful to do so;
• To conduct surveys; and
• To improve or evaluate the effectiveness of SMG’s business or products, services or offerings.
What should I do if my personal details change?
We strive to maintain the integrity and accuracy of your personal information at all times. You are responsible for informing us of any change in your details, such as a change of address. You have a right to ask us to correct any inaccuracies in the information we hold about you.
If your personal information changes at any time or our records appear to be incorrect, please inform us immediately so that we may update or correct our records accordingly. If you fail to keep your information updated, or if your information is incorrect, SMG may limit the products and services offered to you or elect not to provide any of these to you.
Can SMG contact me?
We (and these other parties) may contact you by post, telephone, e-mail, SMS and other electronic means, to inform you about services, products and offerings available from SMG, specific SMG Entities, the SMG Group, or selected third parties, which we believe may be of interest to you unless you have unsubscribed from receiving such communications. We will only send you marketing communications if we are entitled to do so under Applicable Laws.
Your participation is completely voluntary. You may unsubscribe or opt-out from receiving such communications from SMG Entities by making use of the “Unsubscribe” option available on the relevant communication or by contacting the Customer Relationship Manager at the SMG entity at any time.
You may also contact us utilising the contact details set out in this Statement if you have previously asked not to receive marketing communications from us but would now like to hear from us with news on SMG vehicles and other associated products and services.
How do I contact SMG?
You can contact us through the following channels. www.smg.co.za/contact-us
Should you believe that SMG has utilised your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with SMG. If you are not satisfied with such process, you have the right to lodge a complaint with the Information Regulator, using the contact details listed below:
Can I request information that SMG has about me?
You may request details of personal information which we hold about you under the Promotion of Access to Information Act 2 of 2000 (“PAIA”). Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by SMG, please review our PAIA Manual.