Terms & Policies

1. Introduction

AVS Management Services (Pty) Ltd (t/a Broadhurst Tyre) ("we", "us", "our", or "the Company") is committed to protecting the privacy and personal data of our customers, suppliers, credit applicants, sureties, and other individuals whose personal data we process.

This Privacy Policy explains how we collect, use, store, share, and protect personal data in compliance with the Data Protection Act, 2024 (Act No. 18 of 2024) ("the Act"), the Credit Information Act, 2021 (Act No. 15 of 2021), and the Cybercrime and Computer Related Crimes Act, 2018.

This policy applies to all personal data processed by us, whether collected through credit applications, account management, service delivery, or any other business interaction. This policy should be read in conjunction with our General Trade Terms and Conditions, available at https://www.btyre.com/terms-conditions, which are subject to change from time to time.

2. Data Controller Details

The data controller responsible for the processing of your personal data is:

• Legal Entity: AVS Management Services (Pty) Ltd
• Trading As: Broadhurst Tyre
• Registration No: BW00000665530
• Physical Address: Plot 6384, Cnr Noko & Nakedi Road, Broadhurst Industrial, Gaborone, Botswana
• Postal Address: P.O. Box 2038, Gaborone, Botswana
• Email: accounts@btyre.com
• Telephone: +267 3937781 / 3904059 / 71816677

Any queries, requests, or complaints regarding this policy or the processing of your personal data should be directed to the email address or physical address above, marked for the attention of the Accounts Department.

3. Personal Data We Collect

We collect and process the following categories of personal data:

3.1 Credit Applicants and Account Holders

• Full names, identity or passport numbers, nationality, and date of birth.
• Physical and postal addresses, telephone numbers, and email addresses.
• Company registration details, VAT numbers, TIN numbers, and trade type.
• Banking details, including bank name, account number, branch, and account type.
• Financial information, including credit history, trade references, and auditor details.
• Marital status (for suretyship purposes, specifically whether married in community of property).

3.2 Sureties and Guarantors

• Full names, identity or passport numbers, nationality, and date of birth.
• Physical and postal addresses, telephone numbers, and email addresses.
• Marital status and spouse details (where married in community of property).

3.3 Suppliers, Contractors, and Business Contacts

• Contact names, telephone numbers, and email addresses.
• Banking details for payment purposes.

3.4 Walk-In Customers and Service Customers

• Full name, telephone number, and email address as provided at point of sale or on job cards.
• Vehicle details including registration number, make, model, and VIN where relevant to the service performed.
• Marketing communication preferences (opt-in or opt-out).

3.5 Visitors to Our Premises

• Name, vehicle registration, and contact details (where a visitor register is maintained).

We do not intentionally collect personal data relating to children (persons under the age of 18 as defined by the Children's Act). Our services are business-to-business and business-to-consumer for vehicle owners, and credit facilities are not extended to minors.

4. How We Collect Personal Data

We collect personal data through the following means:

• Directly from you when you complete a credit application form, place orders, request a quotation, or communicate with us.
• At point of sale, through invoices, job cards, quotations, and service records.
• From third parties, including credit bureaus, trade references, banks, and auditors, with your consent as provided in the credit application.
• From publicly available sources, such as company registration records held by CIPA.
• Through the ordinary course of our business relationship, including transaction records, delivery notes, and payment history.
• Through our website, when you submit enquiry forms, request quotations, or subscribe to our mailing list.

5. Purpose and Legal Basis for Processing

We process your personal data for the following purposes and on the following legal bases:

Where we rely on consent as the legal basis, you have the right to withdraw your consent at any time. However, withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal, and it may result in us being unable to continue providing credit facilities or services to you.

5A. Direct Marketing

5A.1. We may from time to time send you direct marketing communications about our products, services, promotions, and special offers by email, SMS, WhatsApp, telephone, or other electronic means.

5A.2. We will only send you direct marketing communications where you have given your prior consent to receive such communications, or where you are an existing customer and the marketing relates to similar products or services to those you have previously purchased from us (soft opt-in).

5A.3. You have the right to opt out of receiving direct marketing communications from us at any time, free of charge, by:

• Replying "STOP" to any SMS or WhatsApp marketing message;
• Clicking the "unsubscribe" link in any marketing email;
• Contacting our accounts department in writing at the contact details set out in Section 2; or
• Informing any member of staff at point of sale.

5A.4. We will action your opt-out request within 5 (five) business days of receipt.

5A.5. Opting out of marketing communications will not affect transactional communications relating to your account, orders, services, or invoices, which are necessary for the performance of our contract with you.

5A.6. We do not sell, rent, or share your personal data with third parties for their own direct marketing purposes.

6. Sharing of Personal Data with Third Parties

We may share your personal data with the following categories of recipients:

• Credit bureaus: We are required by the Credit Information Act, 2021 to submit consumer credit information to licensed credit bureaus. This includes information about your account, payment history, and any defaults.
• Debt collection agents: Where your account is overdue and internal collection efforts have been unsuccessful, we may appoint external debt collectors or attorneys to recover outstanding amounts. Your personal data will be shared with them to the extent necessary for that purpose.
• Insurance providers: We may share relevant account and transaction data with our insurers for the purposes of credit insurance, trade credit insurance claims, or insuring goods in transit.
• Legal advisors and attorneys: In the event of legal proceedings or the enforcement of our rights under a credit agreement or suretyship.
• Auditors and accountants: For the purposes of financial reporting and compliance.
• Regulatory authorities: Including the Botswana Unified Revenue Service (BURS), the Information and Data Protection Commission, and any court or tribunal with jurisdiction, where required by law or court order.
• Banks: For the purposes of verifying banking details provided in credit applications.
• Marketing service providers: We may engage third-party service providers to assist with sending marketing communications on our behalf. These providers process your data solely on our instructions and are contractually bound to maintain confidentiality and appropriate security measures.

We do not sell, rent, or trade your personal data to any third party for their own marketing purposes.

Where personal data is shared with third parties, we take reasonable steps to ensure that those parties process your data in accordance with the Act and maintain appropriate security measures.

7. Cross-Border Data Transfers

We generally process and store personal data within Botswana. In the event that personal data needs to be transferred outside Botswana, we will ensure that the transfer complies with Section 74 of the Act, including that:

• The receiving country has been determined by the Information and Data Protection Commission to have adequate data protection measures; or
• Appropriate safeguards are in place that guarantee enforceable rights for the data subject; or
• The transfer falls within a recognised derogation, such as your explicit consent or the necessity of the transfer for the performance of a contract.

A copy of any personal data transferred outside Botswana will be retained within Botswana for the duration of the processing, as required by the Act.

8. Data Retention

We retain personal data only for as long as is necessary for the purposes for which it was collected, or as required by law. Our retention periods are as follows:

After the applicable retention period, personal data will be securely destroyed, deleted, or anonymised. Paper records will be shredded. Electronic records will be permanently deleted from our systems.

9. Your Rights as a Data Subject

Under the Data Protection Act, 2024, you have the following rights in relation to your personal data:

• Right of Access: You have the right to request confirmation of whether we hold personal data about you, and to request a copy of that data.
• Right to Correction: You have the right to request that we correct any inaccurate or incomplete personal data we hold about you.
• Right to Erasure: You have the right to request that we delete your personal data where it is no longer necessary for the purpose for which it was collected, or where you withdraw your consent. This right is subject to our legal obligations to retain certain records.
• Right to Restriction: You have the right to request that we restrict the processing of your personal data in certain circumstances, such as where you contest the accuracy of the data.
• Right to Object: You have the right to object to the processing of your personal data where we are relying on legitimate interest as the legal basis, unless we can demonstrate compelling legitimate grounds. You have an absolute right to object to the processing of your personal data for direct marketing purposes at any time.
• Right to Data Portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format, and to transmit that data to another data controller.
• Right Not to be Subject to Automated Decision-Making: You have the right not to be subject to a decision based solely on automated processing that produces legal effects or significantly affects you. We do not currently use automated decision-making in our credit assessment process.

To exercise any of these rights, please submit a written request to:

We will respond to your request within 30 (thirty) days of receipt. If the request is complex or we receive a high volume of requests, we may extend this period by a further 60 (sixty) days, and we will notify you of any such extension. We may require proof of your identity before processing your request.

10. Security of Personal Data

We are committed to ensuring the security of your personal data. We have implemented appropriate technical and organisational measures to protect personal data against unauthorised access, loss, destruction, or damage. These measures include:

• Physical security of premises where personal data is stored, including locked filing cabinets and restricted access areas.
• Access controls on electronic systems, including password protection and role-based access.
• Secure disposal of paper records by shredding.
• Contractual obligations on third-party service providers to maintain appropriate security measures.

In the event of a data breach that is likely to result in a risk to your rights and freedoms, we will notify the Information and Data Protection Commission within 72 (seventy-two) hours of becoming aware of the breach, and we will notify you without undue delay, in accordance with the Act.

11. Complaints

If you are not satisfied with how we have handled your personal data or responded to your request, you have the right to lodge a complaint with the Information and Data Protection Commission:

12. Changes to This Policy

We reserve the right to update or amend this Privacy Policy from time to time to reflect changes in our processing activities, legal requirements, or business operations. Any material changes will be communicated to affected data subjects in writing or by making the updated policy available at our premises and, where applicable, on our website.

The date of the most recent revision will be indicated at the top of this document.

13. Governing Law

This Privacy Policy is governed by and shall be construed in accordance with the laws of the Republic of Botswana, including the Data Protection Act, 2024 (Act No. 18 of 2024).