Privacy Policy
Privacy Policy
How Spot Settlements (A Spot of Innovation (Pty) Ltd) collects, uses and protects your information for the VW EA189 Diesel Settlement.
1. Plain-language summary
- We only collect information needed to run the Settlement (as required by a High Court order).
- Typical data: your contact details, ID/passport or company number, vehicle VIN and ownership details, and payment details.
- We use your data to verify your eligibility, process your claim, communicate with you, and pay approved claims.
- We may verify details with official systems: eNaTIS, Department of Home Affairs, and banking systems.
- We protect your data with technical and organisational safeguards and keep it only as long as required by law and the court order.
- You can ask to access, correct, or delete your data (subject to legal requirements) and may object to processing; if you withdraw consent before payment, your claim cannot be finalised.
2. Introduction
- Welcome to the website of A Spot of Innovation (Pty) Ltd (Reg. No. 2016/021668/07), currently at www.spotsettlements.co.za.
- This Policy explains how Spot (operating the Spot Settlements website) collects, uses, discloses, and protects personal information in line with South Africa’s POPIA and, where applicable, the EU GDPR.
- Spot has been appointed under a court order to identify and communicate with potential class members, verify and process information, administer claims and effect pay-outs where claims are valid.
- This Policy applies to all personal data processed under that mandate.
- We recognise the importance of protecting your Personal Information (as defined in POPIA) collected via our website and through claim submissions.
- We are committed to protecting the Personal Information of all visitors to our website in compliance with POPIA.
- Please read this Policy carefully to understand how your Personal Information is treated. We may update it by posting a new version on the website.
- By using our website, you agree that Spot (including its authorised personnel, contractors, and persons authorised under the court order) may process your Personal Information for the purposes stated in this Policy.
- We will not use your Personal Information for purposes outside the court-mandated administration unless you consent.
3. Personal Information We May Collect
We collect only what is necessary to run the Settlement:
- Identity & contact: name, email, phone, address; ID/passport; company registration (if applicable).
- Vehicle: VIN, ownership/lease details.
- Payments: bank account details for pay-out.
- Technical: IP address, device/browser info, essential cookies for session continuity.
- Communications: emails, SMS/WhatsApp/Telegram, call logs related to your claim.
- Claim documents: forms and evidence you upload.
4. How We Collect Data
- From links you receive (SMS, email, messaging services) and forms you complete.
- From your uploads and correspondence with us.
- Automatically from your device when you visit the site (technical/usage data).
5. How We Use Your Information
- Communicating with you about the Settlement and your claim.
- Assessing eligibility, verifying identity, vehicle and bank details, and administering pay-outs.
- Complying with legal obligations, including the court order, and ensuring site security and fraud detection.
Per the court order we may access eNaTIS, manufacturer sales/lease records, the Department of Home Affairs, and banking systems strictly to verify details for lawful administration.
7. Disclosure to Third Parties
We disclose Personal Information only to those directly involved in the court-mandated administration:
- Spot staff and contractors bound by confidentiality and security obligations.
- Appointed adjudication panel, VWSA and legal representatives, class attorneys, court-appointed case manager—only as required.
All parties must implement appropriate security and may not use data beyond the Settlement processes.
De-identified data may be used for site traffic and statistical reporting.
8. Data Security & Incident Response
We apply reasonable technical and organisational measures to protect your Personal Information against loss, unauthorised access or processing.
We maintain an incident response plan covering detection, escalation, remediation and notifications as legally required.
9. Retention & Destruction
We keep Personal Information only as long as necessary for the Settlement and as required by law/court order.
Under the Settlement Administration Agreement (approved by the High Court), Personal Information may be available for up to five years after the Approval Order to enable compliance reviews, regulatory/court requests, or legal proceedings by Class Settlement Parties.
If you do not proceed with a claim, your information will be removed from our active systems, including the class database defined by the court order (subject to legal retention requirements).
10. Your Rights
Subject to law, you may:
- Request access to, or a portable copy of, your data.
- Request correction/updates of inaccuracies.
- Withdraw consent (before payment); note this stops claim finalisation.
- Request erasure where no legal basis requires retention.
- Object to processing in certain circumstances.
- Lodge a complaint with the Information Regulator.
To exercise these rights or ask questions, email privacy@spotsettlements.co.za. You may also contact the Information Regulator at inforegulator.org.za.
11. Changes to this Policy
We will post material updates here with the updated date. Where appropriate, we will notify you through the site or by message.
12. Questions & Contact
If you have questions about this Policy or how we process Personal Information, contact us:
2nd Floor, Ebden House, Belmont Office Park, Belmont Road, Rondebosch, Cape Town, 7700