1.1. In this Policy (as defined below), unless the context requires otherwise, the following capitalised terms shall have the meanings given to them —
1.2. “Active Processing” means instances where Ener-G-Africa has directly been provided with the Personal Information/Personal Data of Data Subjects, such as when Data Subjects submit an enquiry in respect of our Products or Services, or when Data Subjects subscribe to receiving marketing material from Ener-G-Africa;
1.3. “Inactive Processing” means instances where Ener-G-Africa has not actively been provided with the Personal Information/Personal Data of Data Subjects, such as when Ener-G-Africa deploys Passive Processing Means to collect information from Data Subjects. These Passive Processing Means allow Ener-G-Africa to Process certain kinds of Non-personally Identifiable Information which can perhaps not be linked to Data Subjects;
1.4. “Anonymisation” means the Processing of Personal Information/Personal Data in such a manner that the Personal Information/Personal Data can no longer be attributed to Data Subjects without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the Personal Information/Personal Data are not attributed to Data Subjects;
1.5. “Applicable Laws” means any laws applicable to Personal Data and Personal Information and includes any statute, regulation, notice, policy, directive, ruling or subordinate legislation; the common law; any binding court order, judgement or ruling; any applicable industry code, policy or standard enforceable by law; or any applicable direction, policy or order that is given by any regulator, competent authority or organ of state or statutory industry body;
1.6. “Child” means any natural person under the age of 18 years;
1.7. “Competent Person” means anyone who is legally competent to consent to any action or decision being taken by any matter concerning a child, for example a parent or legal guardian;
1.8. “Controller” means Ener-G-Africa, in circumstances where it Processes Personal Data (as defined in Article 4 of the GDPR);
1.9. “Customer(s)” means any natural person(s) or juristic person(s), who have concluded an agreement with Ener-G-Africa in terms of which such Customer procures the Products and/or Services provided by Ener-G-Africa, whether for themselves or their own customers/clients;
1.10. “Data Subject” means Ener-G-Africa’s Customer(s) or any Third Party in respect of whom Ener-G-Africa Processes Personal Information/Personal Data;
1.11. “Data Processing Infrastructure” means any and all systems, networks, servers, workstations, laptops, mobile devices, web applications, mobile applications, cloud storages, websites owned, controlled or operated by Ener-G-Africa;
1.12. “Electronic Means” means, in relation to the Processing of any Personal Information/Personal Data, the use of any Website(s), electronic mail (email), text, voice, sound or image messages by Ener-G-Africa;
1.13. “Non-Electronic Means” means, in relation to the Processing of any Personal Information/Personal Data, the use of traditional means of Processing, such as hard copy documents, traditional filing systems deployed for the storage and retention of Personal Information/Personal Data and face-to-face personal engagements with Data Subjects;
1.14. “GDPR” means the General Data Protection Regulation, which governs all collection and processing of personal data from individuals inside the European Union;
1.15. “Mobile Device Identifier” means device information if you access our Website(s) through mobile devices. Certain features of the relevant Website(s) may require collection of mobile phone numbers and we may associate that phone number with the mobile device identifiers. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, Ener-G-Africa and/or our Third-Party Operators may receive this information. If Ener-G-Africa associates any such passively-collected information with the Personal Information/Personal Data of Data Subjects, we will treat the combined information as Personal Information/Personal Data as contemplated in this Policy;
1.16. “Operator” means a person or entity who Processes Personal Information/Data for a Responsible Party;
1.17. “Personal Data” (as defined in Article 4 of the GDPR) means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly;
1.18. “Personal Information” shall have the same meaning as is given in section 1 of POPIA;
1.20. “POPIA” means the Protection of Personal Information Act, No 4 of 2013 in South Africa;
1.21. “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information/Personal Data, including: the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means; or merging, linking, blocking, degradation, erasure or destruction. For the purposes of this definition, “Process” has a corresponding meaning
1.23. “Profiling” means any form of automated Processing of Personal Information/Personal Data consisting of the use of such Personal Information/Personal Data to evaluate certain personal aspects relating a Data Subject or Data Subjects, in particular to analyse or predict aspects concerning a Data Subjects behaviour, performance preferences, interests or location;
1.24. “Non-personally Identifiable Information/Data” means any information/data which cannot be linked to Data Subjects, such as an internet domain name, the type of web browser used by a Data Subject, the type of operating system relied on by a Data Subject, the date and time of a Data Subject’s visit to our Website(s), the specific pages a Data Subject may have visited, and the address of the website which a Data Subjects may have visited prior to entering or gaining access to Ener-G-Africa’s Website(s);
1.25. “Regulator” means the Information Regulator established in terms of POPIA;
1.26. “Responsible Party” means in the context of this Policy, Ener-G-Africa;
1.27. “Services” means the various renewable energy products and solutions provided by Ener-G-Africa to its Customer(s), the particulars of which services are clearly set forth on Ener-G-Africa’s Website from time to time;
1.28. EGACQUEST (Pty) Ltd t/a Ener-G-Africa (Registration Number: 2021/843865/07);
1.29. “Special Personal Information/Data” means Personal Information/Personal Data concerning, amongst other aspects contemplated in terms of section 26 Part B of POPIA, a Data Subject’s, religious beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric data, or criminal behaviour;
1.30. “Third-Party” means Group Company, Customer(s), Data Subject(s), employees, independent contractor, agent, consultant or user of Ener-G-Africa’s Website or any other digital application interface developed or deployed by Ener-G-Africa from time to time;
1.31. “Website” means the website owned and operated by Ener-G-Africa sourced at www.ener-g-africa.com
1.32. “Web Beacons” means small graphic images called web beacons, also known as “Internet tags” or “clear gifs,”, which Web Beacons may be deployed in Ener-G-Africa’s Website(s) pages and e-mail messages. Web beacons may be invisible to Data Subjects, but any electronic image inserted into a web page or e-mail can act as a Web Beacon. Ener-G-Africa may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to our Websites, to monitor how users navigate the Websites, to count how many e-mails that we have sent were actually opened or to count how many particular articles or links were actually viewed by Data Subjects in certain circumstances.
2.1. This Policy regulates the Processing of Personal Information/Personal Data by Ener-G-Africa and sets forth the requirements with which Ener-G-Africa undertakes to comply when Processing Personal Information/Personal Data pursuant to undertaking its operations and fulfilling its contractual obligations in respect of Data Subjects and Third Parties in general.
2.2. Ener-G-Africa places a high premium on the privacy of every person or organisation with whom it interacts or engages with and therefore acknowledges the need to ensure that Personal Information/Personal Data is handled with a reasonable standard of care as may be expected from it. Ener-G-Africa is therefore committed to ensuring that it complies with the requirements of POPIA, and also with the terms of the GDPR to the extent that the GDPR applies.
2.3. When a Data Subject or Third Party engages with Ener-G-Africa, whether it be physically or via any digital, electronic interface such as Ener-G-Africa’s Website, the Data Subject or Third Party acknowledges that they trust Ener-G-Africa to Process their Personal Information/Personal Data, including the Personal Information/Personal Data of their dependents, beneficiaries, customers, members, or employees as the case may be.
2.4. All Data Subjects and Third Parties have the right to object to the processing of their Personal Information/Personal Data. It is voluntary to accept the Terms and Conditions to which this Policy relates. However, Ener-G-Africa does require the Data Subject or Third Party’s acceptance to enable the proper use of Ener-G-Africa’s Website and/or Services.
3. Purpose and application
3.1. The purpose of this Policy is not only to inform Data Subjects about how Ener-G-Africa Processes their Personal Information/Personal Data, but also to establish a standard by which Ener-G-Africa and its employees and representatives shall comply in as far as the Processing of Personal Information/Personal Data is concerned.
3.2. Ener-G-Africa, in its capacity as a Responsible Party and/or Operator and/or Controller, as the case may be, shall strive to observe and comply with its obligations under POPIA and the GDPR (as may be applicable and to the extent necessary) when it Processes Personal Information/Personal Data from or in respect of any Data Subject.
4. COLLECTING & PROCESSING OF PERSONAL INFORMATION/PERSONAL DATA
4.1. Whenever any Data Subject engages with Ener-G-Africa, whether it be physically or electronically, or through the use of its Services, facilities or Website, Ener-G-Africa will in effect be Processing the Data Subject’s Personal Information/Personal Data.
4.2. It may be from time to time that Ener-G-Africa has collected a Data Subject’s Personal Information/Personal Data from other sources. In the event that a Data Subject has shared their Personal Information/Personal Data with any third parties, Ener-G-Africa will not be responsible for any loss suffered by the Data Subject, their dependents, beneficiaries, customers, members or employees (as the case may be).
4.3. When a Data Subject provides Ener-G-Africa with the Personal Information of any other Third Party, Ener-G-Africa will process the Personal Information/Personal Data of such Third Party in line with this Policy, as well as the terms and conditions to which this Policy relates.
4.4. Ener-G-Africa will Process Personal Information/Personal Data in order to facilitate and enhance the delivery of its Products and/or Services to its Customers, manage and administer its business, foster a legally compliant workplace environment, as well as safeguard the Personal Information/Personal Data relating to any Data Subjects which it in fact holds. In such an instance, the Data Subject providing Ener-G-Africa with such Personal Information/Personal Data will confirm that they are a Competent Person and that they have authority to give the requisite consent to enable Ener-G-Africa to process such Personal Information/Personal Data.
4.5. Ener-G-Africa undertakes to process any Personal Information/Personal Data in a manner which promotes the constitutional right to privacy, retains accountability and Data Subject participation. In supplementation of the above, Ener-G-Africa will process Personal Information/Personal Data for the following purposes:
4.6. To provide or manage any information and Services requested by data subjects in general;
4.7. To establish a Data Subject’s needs, wants and preferences in relation to the Products and/or Services provided by Ener-G-Africa;
4.8. To help Ener-G-Africa identify data subjects when they engage with Ener-G-Africa;
4.9. To facilitate the delivery of Products and/or Services to Customers;
4.10. To allocate to Customers unique identifiers for the purpose of securely storing, retaining and recalling such Customers Personal Information/Personal Data from time to time;
4.11. To maintain records of Data Subjects and specifically Customer records;
4.12. To maintain Third Party records;
4.13. For recruitment purposes;
4.14. For employment purposes;
4.15. For apprenticeship purposes;
4.16. For general administration purposes;
4.17. For legal and/or contractual purposes;
4.18. For health and safety purposes;
4.19. To monitor access, secure and manage any facilities owned or operated by Ener-G-Africa regardless of location;
4.20. To transact with Third Parties;
4.21. To improve the quality of Ener-G-Africa’s Products and/or Services;
4.22. To transfer Personal Information/Personal Data to any other Ener-G-Africa Group Company so as to enable the relevant Ener-G-Africa Group Company to market its products and/or services to Ener-G-Africa’s Customer(s) or Third Party’s, as well as to render specific services to Ener-G-Africa itself which would in turn enable Ener-G-Africa to render its Services to its Customer(s);
4.23. To transfer Personal Information/Personal Data to Third Party service providers so as to enable Ener-G-Africa to deliver Services to its Customer(s);
4.24. To analyse the Personal Information/Personal Data collected for research and statistical purposes;
4.25. To help recover bad debts;
4.26. To transfer Personal Information/Personal Data across the borders of South Africa to other jurisdictions;
4.27. To carry out analysis and Customer profiling;
4.28. To identify other products and services which might be of interest to our Customers and Data Subjects in general, as well as to inform them of such products and/or services.
4.29. When collecting Personal Information/Personal Data from a Data Subject, Ener-G-Africa shall comply with the notification requirements as set out in Section 18 of POPIA, and to the extent applicable, Articles 13 and 14 of the GDPR.
4.30. Ener-G-Africa will collect and Process Personal Information/Personal Data in compliance with the conditions as set out in POPIA and/or the Processing principles in the GDPR (as the case may be), to ensure that it protects the Data Subject’s privacy.
4.31. Ener-G-Africa will not Process the Personal Information/Personal Data of a Data Subject for any purpose other than for the purposes set forth in this Policy, unless Ener-G-Africa is permitted or required to do so in terms of Applicable Laws or otherwise by law.
4.32. Ener-G-Africa may from time-to-time Process Personal Information/Personal Data by making use of automated means (without deploying any human intervention in the decision-making process) to make decisions about the Data Subject or their application. In this instance, it is specifically recorded that the Data Subject may object to or query the outcomes of such a decision.
5. PERSONAL INFORMATION/PERSONAL DATA FOR DIRECT MARKETING PURPOSES
5.1. Ener-G-Africa acknowledges that it may only use Personal Information/Personal Data to contact Data Subjects for purposes of direct marketing where Ener-G-Africa has complied with the provisions of POPIA and GDPR (where applicable) and when it is generally permissible to do so in terms of Applicable Laws.
5.2. Ener-G-Africa will ensure that a reasonable opportunity is given to all Data Subjects to object (opt-out) to the use of their Personal Information/Personal Data for Ener-G-Africa marketing purposes when collecting the Personal Information/Personal Data and on the occasion of each communication to the Data Subject for purposes of direct marketing.
6. STORAGE AND RETENTION OF PERSONAL INFORMATION/PERSONAL DATA
6.1. Ener-G-Africa will retain Personal Information/Data it has Processed, in an electronic or hardcopy file format, with a Third-Party service provider appointed for this purpose (the provisions of clause 9 below will apply in this regard).
6.2. Personal Information/Personal Data will only be retained by Ener-G-Africa as long as necessary to fulfil the purposes for which that Personal Information/Personal Data was collected and/or as permitted in terms of Applicable Law.
6.3. It is specifically recorded that any Data Subject has the right to object to the Processing of their Personal Information and Ener-G-Africa shall retain and store the Data Subject’s Personal Information/Personal Data for the purposes of dealing with such an objection or enquiry as soon and as swiftly as possible.
7. FAILURE TO PROVIDE PERSONAL INFORMATION
7.1. Where Ener-G-Africa is required to collect Personal Information/Personal Data from a Data Subject by law or in order to fulfil a legitimate business purpose of Ener-G-Africa and the Data Subject fails to provide such Personal Information/Personal Data, Ener-G-Africa may, on notice to the Data Subject, decline to render services without any liability to the Data Subject.
8. SECURING PERSONAL INFORMATION/PERSONAL DATA
8.1. Ener-G-Africa has implemented appropriate, reasonable, physical, organisational, contractual and technological security measures to secure the integrity and confidentiality of Personal Information/Personal Data, including measures to protect against the loss or theft, unauthorised access, disclosure, copying, use or modification of Personal Information/Personal Data in compliance with Applicable Laws.
8.2. In further compliance with Applicable Law, Ener-G-Africa will take steps to notify the relevant Regulator(s) and/or any affected Data Subjects in the event of a security breach and will provide such notification as soon as reasonably possible after becoming aware of any such breach.
8.3. Notwithstanding any other provisions of this Policy, it should be acknowledged that the transmission of Personal Information/Personal Data, whether it be physically in person, via the internet or any other digital data transferring technology, is not completely secure. Whilst Ener-G-Africa has taken all appropriate, reasonable measures contemplated in clause 8.1 above to secure the integrity and confidentiality of the Personal Information/Personal Data its Processes, in order to guard against the loss of, damage to or unauthorized destruction of Personal Information/Personal Data and unlawful access to or processing of Personal Information/Personal Data, Ener-G-Africa in no way guarantees that its security system is 100% secure or error-free. Therefore, Ener-G-Africa does not guarantee the security or accuracy of the information (whether it be Personal Information/Personal Data or not) which it collects from any Data Subject.
8.4. Any transmission of Personal Information/Personal Data will be solely at the own risk of Data Subject. Once Ener-G-Africa has received the Personal Information/Personal Data, it will deploy and use strict procedures and security features to try to prevent unauthorised access to it. As indicated above, Ener-G-Africa reiterates that it restricts access to Personal Information/Personal Data to Third Parties who have a legitimate operational reason for having access to such Personal Information/Personal Data. Ener-G-Africa also maintains electronic and procedural safeguards that comply with the Applicable Laws to protect your Personal Information from any unauthorized access.
8.5. Ener-G-Africa shall not be held responsible and by accepting the terms and conditions to which this Policy relates, any Data Subject agrees to indemnify and hold Ener-G-Africa harmless for any security breaches which may potentially expose the Personal Information/Personal Data in Ener-G-Africa’s possession to unauthorized access and or the unlawful processing of such Personal Information/Personal Data by any Third-Party.
9. PROVISION OF PERSONAL INFORMATION/PERSONAL DATA TO THIRD PARTIES
9.1. Ener-G-Africa may disclose Personal Information/Personal Data to Third-Party service providers and any Ener-G-Africa Holdings Ltd where necessary and to achieve the purpose(s) for which the Personal Information/Personal Data was originally collected and Processed. Ener-G-Africa will enter into written agreements with such Third-Party service providers and Ener-G-Africa Group Company, to ensure that they comply with Applicable Laws pursuant to the Processing of Personal Information/Personal Data provided to it by Ener-G-Africa from time to time.
10. TRANSFER OF PERSONAL INFORMATION/PERSONAL DATA OUTSIDE OF SOUTH AFRICA
10.1. Ener-G-Africa may, under certain circumstances, transfer Personal Information/Personal Data to a jurisdiction outside of the Republic of South Africa in order to achieve the purpose(s) for which the Personal Information/Data was collected and Processed, including for Processing and storage by Third-Party service providers.
10.2. Ener-G-Africa will obtain the Data Subject’s consent to transfer the Personal Information/Personal Data to such foreign jurisdiction unless consent is not required by Applicable Law.
10.3. The Data Subject should also take note that, where the Personal Information/Personal Data is transferred to a foreign jurisdiction, the Processing of Personal Information/Personal Data in the foreign jurisdiction may be subject to the laws of that foreign jurisdiction.
11. ACCESS TO PERSONAL INFORMATION/PERSONAL DATA
11.1. A Data Subject has the right to a copy of the Personal Information/Personal Data which is held by Ener-G-Africa (subject to a few limited exemptions as provided for under Applicable Law).
11.2. The Data Subject must make a written request (which can be by email) to the Information Officer designated by Ener-G-Africa from time to time.
11.3. Ener-G-Africa will provide the Data Subject with any such Personal Information/Personal Data to the extent required by Applicable Law and subject to and in accordance with the provisions of Ener-G-Africa’s PAIA Manual (published in terms of section 51 of the Promotion of Access to Information Act, 2000 (“PAIA”), which PAIA Manual can be sourced on Ener-G-Africa’s website at http://www.ener-g-africa.co.za/
11.4. The Data Subject can challenge the accuracy or completeness of his/her/its Personal Information/Personal Data in Ener-G-Africa’s records at any time in accordance with the process set out in Ener-G-Africa’s PAIA Manual.
12. KEEPING PERSONAL INFORMATION/PERSONAL DATA ACCURATE
12.1. Ener-G-Africa will take reasonable steps to ensure that Personal Information/Personal Data that it Processes is kept updated where reasonably possible.
12.2. Ener-G-Africa may not always expressly request the Data Subject to verify and update his/her/its Personal Information/Personal Data and expects that the Data Subject will notify Ener-G-Africa from time to time in writing: of any updates or amendments required in respect of his/her/its Personal Information/Personal Data; where the Data Subject requires Ener-G-Africa to delete his/her/its Personal Information/Personal Data; or where the Data Subject wishes to restrict the Processing of his/her/its Personal Information/Personal Data.
13. COSTS TO ACCESS PERSONAL INFORMATION/PERSONAL DATA
13.1. The prescribed fees to be paid for copies of the Data Subject’s Personal Information/Personal Data are listed in Ener-G-Africa’s PAIA Manual referred to at clause 11.3 above.
13.2. Ener-G-Africa reserves the right to make amendments to this Policy from time to time.
14. COMPLIANTS TO THE INFORMATION REGULATOR
14.1. In the event that any Data Subject or Third Party is of the view or belief that Ener-G-Africa has Processed their Personal Information/Personal Data in a manner or for a purpose which is contrary to the provisions of this Policy, the Data Subject is required to first attempt to resolve the matter directly with Ener-G-Africa, failing which the Data Subject or Third Party shall have the right to lodge a complaint with the Information Regulator, under the provisions of POPIA.
14.2. The contact particulars of the Information Regulator are:
The Information Regulator (South Africa) Forum III 3rd Floor Braampark
PO Box 31533
Braamfontein, Johannesburg, 2107 Mr. Marks Thibela
Chief Executive Officer
Tel No: +27 010 023 5207
Cell No: 082 746 4173
15. Contacting us
15.1. All comments, questions, concerns or complaints regarding Personal Information/Personal Data or this Policy, should be forwarded to Ener-G-Africa’s Information Officer at the following email address amina@ener-g- africa.com.