Section 11 Of Protection Of Personal Information Act (POPIA)

Consent, justification and objection


1. Personal information may only be processed if:

  a. the data subject or a competent person where the data subject is a child consents to the processing;

  b. processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is party;

  c. processing complies with an obligation imposed by law on the responsible party;

  d. processing protects a legitimate interest of the data subject;

  e. processing is necessary for the proper performance of a public law duty by a public body; or

  f. processing is necessary for pursuing the legitimate interests of the responsible party or of a third party to whom the information is supplied.

2. Personal information may only be processed if:

  a. The responsible party bears the burden of proof for the data subject’s or competent person’s consent as referred to in subsection (1)(a).

  b. The data subject or competent person may withdraw his, her or its consent, as referred to in subsection (1)(a), at any time: Provided that the lawfulness of the processing of personal information before such withdrawal or the processing of personal information in terms of subsection (1)(b) to (f) will not be affected.

3. A data subject may object, at any time, to the processing of personal information:

  a. in terms of subsection (1)(d) to (f), in the prescribed manner, on reasonable grounds relating to his, her or its particular situation, unless legislation provides for such processing; or

  b. for purposes of direct marketing other than direct marketing by means of unsolicited electronic communications as referred to in section 69.

4. If a data subject has objected to the processing of personal information in terms of subsection (3), the responsible party may no longer process the personal information.

Terms & Conditions


All content included on this website, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of BAIC VAAL or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of BAIC VAAL and protected by South African and international copyright laws.

Liability Disclaimer

The information and materials published on this website, including without limitation, text, graphics, and links are provided on an “as is” basis. BAIC VAAL makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, contents, materials, or products included on this site. Without limiting the generality of the foregoing: BAIC VAAL does not warrant that this website, will be error-free, or will meet any particular criteria of accuracy, completeness, or reliability of the information, performance, or quality; and Whilst BAIC VAAL has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this website are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.

Limitation Of Liability

In no event shall BAIC VAAL and its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this website. Such limitation shall also apply with respect to damages resulting from the inability to use this website, the operational failure of this website, or any information, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, delict, strict liability or otherwise, even if BAIC VAAL and/or any of its suppliers has been advised of the possibility of damages.


This website is only intended to provide general information regarding BAIC VAAL and its products and services and it is not intended to provide exhaustive treatment of any subject dealt with. The information on this website including, without limitation, all research, opinions, or other content is therefore not intended nor does it constitute financial, accounting, tax, legal, investment, consulting, or other professional advice or services.
Before making any decision or taking any action which might affect you or your business you should consult your own professional advisors.
This website could include technical, typographical, or other inaccuracies and you are urged to contact BAIC VAAL to confirm all information contained on this website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this website.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa in respect of any disputes arising in connection with this website.

Privacy Policy

BAIC VAAL recognizes the importance of protecting your personal information. Therefore, we have put together a privacy policy and approach that respects and addresses your needs.
We define personal information as any and all of the information specific to you that you provide to us over the Internet or any other channel. This includes personal data as varied as the information you enter into an online application for a new account, questions you ask via e-mail, or personal banking data
BAIC VAAL will use personal information as appropriate in the normal course of our business to provide the products and services you have requested. We will also use this information to provide positive identification of you when you contact us. On occasion, we also send e-mail updates on services, products, and other materials we believe may be of importance or interest.
BAIC VAAL does not and will not sell or provide personal information to third parties for independent use. We may, however, share personal information with business partners if that information is required to provide the product or service you have requested. They adhere to using information only as directed by BAIC VAAL.
BAIC VAAL engages third parties that help it deliver its banner advertisements and other online communications. Third parties may collect and use information about BAIC VAAL customers to help us understand the offers, promotions, and types of advertising that are most appealing to its customers. The personal information they collect is aggregated and cannot be linked to a person. If you do not wish your personal information to be used in this way, please notify us.
Third-party vendors, including Google show BAIC VAAL ads on sites on the internet.
Third-party vendors, use cookies to serve ads based on a user’s prior visits to BAIC VAAL website.
Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page or by visiting the Network Advertising Initiative opt-out page.

Violation And Waiver

Should you violate these Terms and Conditions or any other rights of BAIC VAAL BAIC VAAL reserves the right to pursue any and all legal and equitable remedies against you. If BAIC VAAL should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

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Our Use Of Cookies

This website – BAIC VAAL – uses cookies to allow us to see how our site is used. The cookies cannot identify you. If you continue to use this site we will assume that you are happy with this.
Cookies are small text files that are placed on your machine to provide a better user experience. In general, cookies are used to retain your preferences and provide anonymized tracking data to third-party applications like Google Analytics.
However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at Wikipedia which offers guidance for all modern browsers.
If there are any questions regarding our Terms & Conditions, contact us.