Privacy Policy

1.1. Kenings Fleet Services (Pty) Ltd, trading as Kenings Rent To Buy (“Kenings Rent To Buy”, “we”, “our”, or “us”) is committed to protecting your personal information and ensuring that it is collected and used appropriately, lawfully and transparently, in compliance with the Protection of Personal Information Act, 2013 (“POPIA”).

1.2. The nature of our business. We rent vehicles to our customers for a fixed term. We remain the owner of the vehicle for the whole of that term. In the final month of the term, you may choose to purchase the vehicle from us for a nominal purchase fee. We are not a bank, financial services provider, credit provider or insurer, we do not provide finance, credit or financial advice, and we do not lend money. Our agreements are vehicle rental agreements with an option to purchase at the end of the term.

1.3. This Privacy Policy explains how we collect, use, store, share, and protect your personal information when you:

• Use our website(s), application forms and online platforms;
• Apply for, enter into or perform under a rental agreement with us;
• Use a vehicle rented from us, or any related service (including maintenance, insurance facilitation, tracking, roadside assistance and fleet support);
• Purchase a vehicle from us at the end of your rental term;
• Communicate with us via telephone, email, WhatsApp, in person, or otherwise.

1.4. This Policy also relates to third parties who are not our clients but whose personal information we process in connection with our services, for example additional or nominated drivers, sureties, guarantors, spouses married in community of property, employers and references. If you provide us with personal information about another person, you must inform them of this Policy and, where possible, obtain their consent to share their information with us.

1.5. “Personal Information” has the meaning given to it in POPIA and generally includes any information that identifies, or can be used to identify, a person. By engaging with us, you agree to the terms of this Privacy Policy.

1.6. Because our rental agreements run over an extended term, and may end in you purchasing the vehicle, we necessarily hold your information for longer, and process a wider range of it, than a short-term vehicle hire business would.

2.1. Kenings Rent To Buy is the “responsible party” under POPIA and is responsible for the personal information we hold about you. We are registered with the Information Regulator of South Africa.

2.2. We have appointed an Information Officer who oversees our compliance with POPIA. If you have any questions about this Policy or our privacy practices, please contact our Information Officer using the details below.

3.1. The exact information we collect depends on what you ask us to do, what we are contracted to do for you, and what we are required by law to obtain. It may include:

• Identity information: full name, identity/passport/registration number, marital status and matrimonial property regime, date of birth, gender, nationality, job title, and information needed to verify your identity (including where you are an additional driver, surety or guarantor);
• Contact information: postal and physical addresses, proof of residence, email addresses and telephone numbers;
• Driver information: driver’s licence details, professional driving permit details and driving eligibility;
• Financial and payment information: bank account and payment details (including debit order and DebiCheck mandate details), payment card details processed securely via third parties, proof of income, payslips, bank statements, and payment, arrears and deposit records;
• Vetting information: the results of identity, fraud, credit bureau and other risk checks we carry out to decide whether to rent a vehicle to you and on what terms;
• Employment information: employer details, business address, length of service and, where you are self-employed, business income records;
• Agreement and account information: application records, rental agreement terms, deposit and monthly rental amounts, payment history, account statements, arrears and collections records, and records relating to the option to purchase and transfer of the vehicle at the end of the term;
• Vehicle usage information: where the vehicle is used for e-hailing, delivery, courier or other commercial purposes, information about that use, including platform or operator details;
• Company or business details: business name, registration number, business address, VAT number and details of directors, members or beneficial owners;
• Vehicle and technical data: vehicle registration and NaTIS details, geolocation and tracking data, mileage, driving behaviour and telematics data, fuel consumption, service and maintenance records, accident, incident and damage records, usage information, traffic-offence information and data from on-board devices;
• Insurance and claims data: policy details, claims history, assessor and repairer records;
• Website data: cookies, IP address, browser and device information, and analytics;
• In-branch records: physical access records and CCTV footage (for safety and fraud prevention);
• Marketing and communications data: correspondence, call recordings where you are notified, and your marketing and communication preferences.

3.2. Special (sensitive) personal information. We do not generally collect special personal information (such as health, biometric or criminal-record information) unless you have voluntarily provided it, it is required by law, or it is relevant to the service we provide, for example biometric verification used for identity or fraud-prevention purposes, or where you inform us of a medical condition requiring an adapted vehicle.

3.3. Children. Our services are not offered to persons under 18. We do not knowingly process the personal information of children except where a competent person has consented or the law requires or permits it.

4.1. We collect personal information through:

• Direct interactions: when you enquire about our services, submit an application, complete forms, provide supporting documents, or correspond with us by phone, email, messaging platform, post or in person;
• Third parties: such as credit bureaux and fraud-prevention databases used for vetting, banks and payment providers, insurers, brokers, employers, dealerships, vehicle suppliers, e-hailing or transport platform operators, tracking and telematics providers, sureties and references, and other parties we have a contractual relationship with;
• Publicly available sources or governmental agencies: such as licensing and registering authorities (including NaTIS), company registries, and law-enforcement and regulatory authorities;
• Automated technologies: as you interact with our website, applications and in-vehicle technology (including tracking and telematics devices), we may automatically collect technical data.

4.2. Vehicles you operate may collect personal information about you through manufacturer-installed systems. We are not responsible for that collection, which is subject to the vehicle manufacturer’s own policies and notices. This is separate from tracking or telematics devices fitted by or for us, which are dealt with in section 8.

5.1. We collect, use, store and transfer your personal information relying on your consent or on another lawful ground under POPIA, including:

• Preparing to enter into, or performing, a contract with you;
• Complying with a legal obligation, including obligations under tax legislation, road traffic legislation and vehicle registration requirements;
• Protecting your legitimate interests;
• Pursuing our legitimate interests (or those of a third party), provided these are not overridden by your rights, including protecting the vehicle we own and which is in your possession.

6.1. We process your personal information to:

• Register you as a client or prospective client and verify your identity;
• Vet your application, assess the risk of renting a vehicle to you, and decide whether to enter into a rental agreement with you and on what terms;
• Prepare, conclude and administer your rental agreement, including calculating deposits, monthly rentals and any amounts due;
• Verify driving eligibility and prevent, detect and investigate fraud, theft and other crime;
• Process payments and debit orders securely, and collect and recover money owed to us;
• Manage your account, produce statements, handle arrears, and instruct legal or collection proceedings where necessary;
• Arrange, facilitate or verify insurance cover, and manage claims, damage and write-offs;
• Manage maintenance, servicing, licensing and roadside assistance for the vehicle;
• Monitor the location and use of the vehicle we own for security, recovery and risk-management purposes, and recover lost, stolen or unreturned vehicles;
• Give effect to your option to purchase the vehicle at the end of the term, and register the change of ownership;
• Comply with our legal, regulatory and compliance obligations, including record-keeping and traffic laws, and redirect or process traffic fines;
• Improve our services, website and systems, and analyse trends and performance;
• Handle customer service queries, complaints and disputes;
• Market our services to you, where you have agreed;
• Ensure safety and protect our property and that of others.

6.2. We will only use your personal information for the purpose for which it was collected, unless we reasonably consider that we need to use it for a compatible purpose.

7.1. Before we rent a vehicle to you, and from time to time during the rental term, we may request, receive and verify information about you from credit bureaux, banks, employers and fraud-prevention databases. We do this to verify your identity, confirm the information you have given us, and assess the risk of placing a vehicle we own in your possession.

7.2. These checks are part of our own risk management as the owner of the vehicle. We are not a credit provider and we are not assessing you for the purpose of granting credit or finance.

7.3. Where you default under your rental agreement, or where a vehicle is not returned, we may share information about that default with credit bureaux, fraud-prevention agencies, debt-collection agencies and our attorneys, to the extent the law permits.

7.4. You have the right to contact any credit bureau to obtain and challenge the information it holds about you, and to be given reasons for any adverse decision we take based on information obtained from a bureau.

8.1. Vehicles rented under our agreements are generally fitted with tracking and, in some cases, telematics devices. These may collect location data, movement and trip data, mileage, and driving-behaviour information.

8.2. We use this information to protect and recover the vehicle we own, verify usage against the terms of your rental agreement, assess and manage risk, support insurance and accident claims, assist with roadside assistance and maintenance scheduling, and comply with legal obligations.

8.3. We will tell you if a tracking or telematics device is fitted to your vehicle. Where you have nominated additional drivers, you must inform them that the vehicle is tracked. Because we remain the owner of the vehicle throughout the rental term, requesting that tracking be disabled will generally not be possible, and doing so may affect our ability to continue the agreement. Once you have purchased the vehicle at the end of the term, we will stop monitoring it.

9.1. We may share your personal information, only as needed, with:

• Banks, payment processors and IT service providers;
• Credit bureaux and fraud-prevention agencies, for vetting and, in the event of default, for reporting;
• Tracking, telematics and vehicle-recovery providers;
• Insurers, brokers, assessors, repairers and roadside assistance providers;
• Vehicle suppliers, dealerships and maintenance providers;
• Trusted service and business partners, including within our group;
• E-hailing, delivery or transport platform operators, where your vehicle is used on their platform or where the agreement is arranged through them;
• Organisations that manage a corporate, membership or other commercial account you contract under (we recommend you review their privacy policy);
• Sureties, guarantors and co-applicants, in relation to the account they are bound to;
• Attorneys, debt-collection agencies and courts, in connection with arrears, legal proceedings or recovery of a vehicle;
• Licensing and registering authorities, including in connection with transfer of ownership and traffic offences;
• Law-enforcement agencies, regulators, courts and fraud-prevention agencies, where legally required or permitted;
• Auditors, professional advisers, and any party involved in a sale, restructuring or financing of our business.

9.2. Where we share personal information with service providers, we require them to act only on our instructions, keep it confidential and secure, and not use it for their own purposes unless you have consented or the law permits.

9.3. We do not sell or trade personal information to unauthorised third parties.

10.1. You must provide accurate, current and complete information when applying or contracting, and keep us informed if your personal information changes during your relationship with us. Providing false or misleading information may constitute a breach of your agreement and may be reported to fraud-prevention agencies.

10.2. We retain personal information only for as long as necessary to fulfil the purposes for which it was collected, to meet our legitimate business interests (including legal, archival, accounting and audit purposes), or as required by law. Certain records, including rental agreements, payment records and records relating to the sale and transfer of a vehicle, must be kept for prescribed minimum periods after the agreement ends. Information is then securely archived or destroyed in line with our retention and destruction policies.

11.1. We apply appropriate technical, organisational and physical measures to protect personal information, including:

• Encrypted email and application systems;
• Secure storage of digital and paper records;
• Restricted access with unique logins and strong password policies;
• Approved encrypted messaging for sensitive data;
• Cloud storage only on authorised, password-protected accounts;
• Controlled access to tracking and telematics platforms;
• CCTV and physical security at our locations.

11.2. Where we engage a third party to process personal information on our behalf, we select them carefully and require them to apply appropriate security measures.

11.3. If a security compromise affecting your personal information occurs, we will notify you and the Information Regulator as required by POPIA.

12.1. When you visit our website we automatically collect certain information using cookies, including device data, pages you interact with and your location. We use this to improve how our website functions and our service. You can manage cookies through your web browser settings.

12.2. Some decisions, including elements of our application vetting and fraud detection, may be made or supported by automated systems. Where a decision that significantly affects you is made solely by automated means, you may ask us to review it, make representations, and receive an explanation of the outcome, as provided for under POPIA.

13.1. Where personal information must be processed outside South Africa (for example, for payment processing, cloud hosting or IT systems), we ensure the transfer complies with POPIA and that adequate safeguards are in place to protect your information.

14.1. Under POPIA you have the right to:

• Request access to the personal information we hold about you;
• Request correction, updating or deletion of your information (subject to legal requirements);
• Object to, or request that we suspend, the processing of your information in certain instances;
• Withdraw your consent, where processing is based on consent;
• Lodge a complaint with the Information Regulator of South Africa.

14.2. Please note that erasing or suspending our use of your information, or withdrawing consent, may affect our ability to provide our services to you, and certain information cannot be deleted while a rental agreement is in place or where the law requires us to retain it.

14.3. To exercise any of these rights, please contact our Information Officer in writing at the details in section 2. To opt out of marketing communications, email [insert marketing opt-out address].

15.1. You have the right to complain to the Information Regulator if you believe your rights have been infringed:

16.1. Our website may contain links to third-party websites, plug-ins and applications. Clicking those links may allow third parties to collect or share information about you. We do not control these websites and are not responsible for their privacy practices. We encourage you to read the privacy notice of every website you visit.

17.1. We may update this Privacy Policy from time to time to reflect changes in law, technology or our operations. This Policy does not form part of any contract for our services.

17.2. The most recent version will always be available on our website.