Harley-Davidson Cape Town shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 .

Harley-Davidson Cape Town respects your privacy and will take reasonable measures to protect it, as more fully detailed below and/or in our Privacy Policy, which is incorporated into these Terms by reference.

Should you decide to register as a user on this Website, Harley-Davidson Cape Town may require you to provide it with personal information which includes but is not limited to –

• your name and surname;
• your email address;
• your physical address;
• your gender;
• your mobile number; and
• Your date of birth.

Should your personal information change, please inform Harley-Davidson Cape Town and provide us with updates to your personal information as soon as reasonably possible to enable it to update your personal information.

You may choose to provide additional personal information to Harley-Davidson Cape Town, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

Harley-Davidson Cape Town is entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Harley-Davidson Cape Town is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

Subject to the above, Harley-Davidson Cape Town will not, without your express consent

• use your personal information for any purpose other than as set out below:
  • in relation to the ordering, sale and delivery of Goods;
  • to contact you regarding current or new Goods or services or any other goods offered by Harley-Davidson Cape Town or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from Harley-Davidson Cape Town);
  • to inform you of new features, special offers and promotional competitions offered by Harley-Davidson Cape Town or any of its divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from Harley-Davidson Cape Town); and
  • to improve our product selection and your experience on this Website by, for example, monitoring your browsing habits, or tracking your sales on this Website; or
• disclose your personal information to any third party other than as set out below:
  • to Harley-Davidson Cape Town employees and/or third party service providers who assist it to interact with you via this Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
  • to Harley-Davidson Cape Town’s divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from Harley-Davidson Cape Town);
  • to law enforcement, government officials, fraud detection agencies or other third parties when Harley-Davidson Cape Town believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
  • to Harley-Davidson Cape Town’s service providers (under contract with it) who help with parts of their business operations (fraud prevention, marketing, technology services etc.). However, Harley-Davidson Cape Town contracts dictate that these service providers may only use your information in connection with the services they perform for it and not for their own benefit;
  • to Harley-Davidson Cape Town’s suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
  • to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address.

Harley-Davidson Cape Town will ensure that all of its employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

When you provide a rating or review of a Product, you consent to Harley-Davidson Cape Town using that rating or review as it deems fit, including without limitation on this Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on this Website. Harley-Davidson Cape Town will not display your Last Name, nor any of your contact details, with a rating or review.

Harley-Davidson Cape Town will –

• treat your personal information as strictly confidential, save where we are entitled to share it as set out herein;
• take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
• provide you with access to your personal information to view and/or update personal details;
• promptly notify you if it becomes aware of any unauthorized use, disclosure or processing of your personal information;
• provide you with reasonable evidence of its compliance with its obligations under this policy on reasonable notice and request; and
• Upon your request, promptly return or destroy any and all of your personal information in its possession or control, save for that which we are legally obliged to retain.

Harley-Davidson Cape Town will not retain your personal information longer than the period for which it was originally needed unless it is required by law to do so, or you consent to it retaining such information for a longer period.

Harley-Davidson Cape Town undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.

Whilst Harley-Davidson Cape Town will do all things reasonably necessary to protect your rights of privacy, it cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in its possession, made by third parties who are not subject to its control, unless such disclosure is as a result of its gross negligence.

If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Harley-Davidson Cape Town, HARLEY-DAVIDSON CAPE TOWN SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because Harley-Davidson Cape Town does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow this Website operator to improve the functionality of this Website and its content, and to display more focused advertising to a user by way of third-party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on this Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to this Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to Harley-Davidson Cape Town’s use of any personal information collected using those cookies, subject to the provisions of this clause.