Kimberley Driving School (“KDS”, “we”, “us” or “our”) respects your privacy and is committed to protecting your personal information in accordance with the Constitution of the Republic of South Africa, the Protection of Personal Information Act 4 of 2013 (“POPIA”), applicable PAIA requirements, and other applicable South African laws.
This Privacy Policy explains how we collect, use, store, disclose and protect your personal information when you:
By using our website or providing your personal information to us, you acknowledge that you have read this Privacy Policy and understand how your personal information will be processed, subject always to your rights under POPIA.
For purposes of POPIA, the responsible party is:
Kimberley Driving School
Email: info@kbydriving.co.za
Phone / WhatsApp: 061 868 3072
Location: 14 Long Street, New Park, Kimberley, South Africa
For privacy-related requests, objections, corrections, deletions, complaints or access requests, you may contact us using the details above and mark your request for the attention of the Information Officer.
Depending on how you interact with us, we may collect and process the following categories of personal information:
When you visit our website, we may collect:
Where you have given consent, or where another lawful basis applies, we may process:
KDS’s current service agreements already contemplate collection of identity details, proof of address, eye test information, photos, WhatsApp numbers, emergency contacts, payment proof, learner and driver appointment data, compulsory assessments, and photo use for marketing.
We collect personal information:
POPIA requires transparency when personal information is collected and gives data subjects rights to be informed, to access, to correct, to object, and to complain.
We process personal information only for specific, lawful and business-related purposes, including to:
Under POPIA, personal information may generally be processed where the data subject or a competent person consents, where processing is necessary for a contract, where it is required by law, where it protects a legitimate interest, or where it is necessary for the legitimate interests of the responsible party or a third party.
We rely on one or more of the following lawful grounds under POPIA, depending on the situation:
Where we rely on consent, you may withdraw that consent at any time, subject to legal and operational limits and subject to the lawfulness of earlier processing.
Because KDS may provide services to persons under the age of 18, we may process the personal information of children. Where required by POPIA, we will obtain consent from a parent, guardian or other competent person before processing a child’s personal information, especially where that information is used for enrolment, emergency contact purposes, or marketing-related photographs or videos.
We take extra care when processing children’s personal information and limit such processing to what is necessary, lawful and appropriate for the relevant service. The Information Regulator has issued specific guidance on the processing of children’s personal information, and POPIA places additional controls on it.
We do not intentionally collect or process special personal information unless it is strictly necessary and lawful to do so.
Where relevant to driving-related administration or safety, we may process limited health-related information, such as eye-test confirmation, or similar supporting information, where:
We apply additional caution and access controls where special personal information is involved. The Information Regulator has separately issued guidance on special personal information under POPIA.
Our website may use cookies and similar technologies to:
Some cookies are strictly necessary for the website to function. Others are optional, such as analytics or marketing cookies. Where required, we will ask for your consent before placing non-essential cookies on your device.
You can usually manage cookies through your browser settings, but disabling some cookies may affect how the website works.
Government privacy notices in South Africa commonly distinguish between essential site functionality and optional analytical tracking, and POPIA applies where cookie data is linked to identifiable users.
KDS’s service agreements indicate that WhatsApp is a main communication platform for the business.
If you contact us through WhatsApp, Facebook, Instagram, email or similar platforms, please note:
We may from time to time take or receive photographs, videos, testimonials, pass announcements or similar media relating to our services.
We will only use identifiable personal media for marketing or promotional purposes where:
You may withdraw marketing-related consent going forward, but this will not affect uses already lawfully made before withdrawal, such as printed material already distributed or social content already published.
KDS’s current service agreements already include clauses authorising use of client photos for future marketing material.
We do not sell your personal information.
We may share personal information only where lawful and necessary, including with:
Where third parties process personal information on our behalf, they act as operators or service providers and must process that information only on our instructions and with appropriate confidentiality and security safeguards. POPIA requires written operator arrangements and prompt breach notification by operators.
Some of our service providers or technology tools may store or process personal information outside South Africa.
If we transfer personal information outside South Africa, we will do so only where permitted by POPIA, including where:
POPIA limits transfers of personal information outside the Republic unless specific safeguards or exceptions apply.
We retain personal information only for as long as reasonably necessary for the purpose for which it was collected, unless a longer period is required or permitted by law, needed for proof, needed for legal claims, or reasonably required for our legitimate business records.
Retention periods may vary depending on the type of record, for example:
When personal information is no longer needed, we will securely delete, destroy or de-identify it, subject to any legal duty to retain it. POPIA requires information not to be kept longer than necessary and requires appropriate security safeguards.
We take appropriate, reasonable technical and organisational measures to protect personal information against loss, misuse, unauthorised access, destruction, disclosure or alteration.
These measures may include:
POPIA requires responsible parties to secure the integrity and confidentiality of personal information and to update safeguards in response to reasonably foreseeable risks.
If there are reasonable grounds to believe that your personal information has been accessed or acquired by an unauthorised person, we will investigate and, where required by law, notify the Information Regulator and affected data subjects as soon as reasonably possible.
The Information Regulator publishes forms and guidance for security compromise notifications under section 22 of POPIA.
We may send you service-related messages without separate marketing consent where those messages are necessary for your booking, lessons, payments, reminders, support or compliance.
We will only send you direct marketing communications where permitted by law. You may object to direct marketing at any time and may unsubscribe from marketing messages using the unsubscribe option in the communication or by contacting us directly.
The Information Regulator issued updated direct-marketing guidance in December 2024, and POPIA gives data subjects the right to object to processing for direct marketing.
Subject to POPIA and any lawful limitations, you have the right to:
The Information Regulator provides official POPIA forms for objection, correction/deletion and complaints.
To exercise any of your privacy rights, please contact us using the contact details in section 2 and provide enough information for us to:
We may request reasonable proof of identity before acting on your request. Where legally permitted, we may refuse or limit a request if POPIA or another law allows us to do so, but we will explain our decision where required.
Separate from your privacy rights under POPIA, you may also have rights to request access to records under the Promotion of Access to Information Act, 2000 (“PAIA”).
Where required, requests for records may need to be made in terms of PAIA and may be subject to identity verification, procedural requirements, prescribed forms, and any lawful fees or grounds of refusal.
PAIA exists to give effect to the constitutional right of access to information held by public and private bodies where required for the exercise or protection of rights, and private bodies are addressed specifically under PAIA’s framework.
KDS should maintain an internal privacy compliance process and, where required by law, a PAIA manual and an Information Officer registration record.
The Information Regulator states that public and private bodies must register their Information Officers, and the Information Officer is responsible for encouraging compliance, handling requests, maintaining the PAIA manual and overseeing internal privacy measures.
Our website may contain links to third-party websites, platforms or tools. We are not responsible for the privacy practices, security or content of those third-party websites. You should read their privacy policies before providing them with your personal information.
We may update this Privacy Policy from time to time to reflect legal, operational, website or service changes. The updated version will be published on our website with a revised effective date. Your continued use of our website or services after an update will be subject to the then-current version, to the extent permitted by law.
If you believe that we have processed your personal information unlawfully or in a manner that infringes your rights, please contact us first so that we can try to resolve the matter.
You also have the right to lodge a complaint with the Information Regulator (South Africa).
Information Regulator (South Africa)
Website: Information Regulator official website
Email: enquiries@inforegulator.org.za
Phone: 010 023 5200
The Information Regulator is the independent statutory body established under POPIA to monitor and enforce compliance with POPIA and PAIA.
If you have any questions about this Privacy Policy or our privacy practices, please contact:
Kimberley Driving School
Email: info@kbydriving.co.za
Phone / WhatsApp: 061 868 3072
Location: 14 Long Street, New Park, Kimberley, South Africa