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Privacy Policy

This privacy policy governs how Afripower SA (“Afripower”, “us”, “we”, “our”) will manage your personal information as a ‘data subject’ and governs the processing (which includes the collection, use, and sharing) of personal information by Afripower which we may collect from you, or that you may provide to us either through our website or via email or other correspondence to us.

Important Notice

Please read the terms of this policy carefully to understand our views and practices regarding your personal information and how we will treat it.

By visiting our website and/or submitting personal information to us, you agree to the practices described in this policy and you agree to Afripower, its directors, officers, employees, servants, agents, and/or contractors and/or other third parties to process (which will include collecting, using, and disclosing) your personal information for the purposes stated in this policy.

If you do not agree to this privacy policy, please do not use our website. Any use by you of our website will be deemed to constitute your acceptance of the terms in this privacy policy.

Process of Collecting Personal Information

Afripower will always collect personal information in a fair, lawful, and reasonable manner to ensure that it protects an individual’s right to privacy and will process the personal information based on legitimate grounds in a manner that does not adversely affect the data subject (you) in question.

Afripower generally collects personal information directly from data subjects or it may obtain personal information from third parties (where necessary or practically required).

Lawful Processing of Personal Information

Afripower will only process a data subject’s personal information (other than for special personal information) where –

  • Consent of the data subject (or a competent person, where the data subject is a child under the age of 18) is obtained.
  • Processing is necessary to carry out the actions for the conclusion of a contract to which a data subject is a party.
  • Processing complies with an obligation imposed by law on Afripower.
  • Processing protects a legitimate interest of the data subject; and/or
  • Processing is necessary for pursuing the legitimate interests of Afripower or of a third party to whom the information is supplied.

Afripower will only process personal information where one of the legal bases referred to above are present.

Where required (i.e., where we are not relying on a legal ground listed above), Afripower will obtain the data subject’s consent prior to collecting, and in any case, prior to using or disclosing the personal information for any purpose.

Where Afripower is relying on a data subject’s consent as the legal basis for processing personal information, the data subject may withdraw his/her/its consent or may object to Afripower’s processing of the personal information at any time. However, this will not affect the lawfulness of any processing carried out prior to the withdrawal of consent or any processing justified by any other legal ground provided under the Protection of Personal Information Act 4 of 2013 (“POPIA”).

If the consent is withdrawn or if there is otherwise a justified objection against the use or the processing of such personal information, Afripower will no longer process the personal information.

Special Personal Information

Special personal information is sensitive personal information of a data subject and Afripower acknowledges that it will process special personal information where –

  • Processing is carried out in accordance with the data subject’s consent.
  • Processing is necessary for the establishment, exercise or defence of a right or obligation in law;
  • Processing is for historical, statistical or research purposes, subject to stipulated safeguards;
  • The personal information has deliberately been made public by the data subject; or
  • Specific authorization applies in terms of POPIA.

Purpose for Processing Personal Information

Afripower understands its obligation to make data subjects aware of the fact that it is processing their personal information and inform them of the purpose for which Afripower processes such personal information.

Afripower will only process a data subject’s personal information for a specific, lawful, and clear purpose (or for specific, lawful, and clear purposes).

It will ensure that there is a legal basis for the processing of any personal information. Further, Afripower will ensure that processing will relate only to the purpose for and of which the data subject has been made aware (and where relevant, consented to) and will not process any personal information for any other purpose(s).

Afripower will generally use personal information for purposes required to operate and manage its business operations as a provider of solar power solutions to the general public. These purposes include one or more of the following non-exhaustive purposes:

  • For the purposes of providing its services as a solar power solutions provider. This includes the administration, installation, and maintenance of solar solutions;
  • For purposes of engaging with third-party service providers and where relevant, for purposes of doing appropriate onboarding and vetting;
  • For purposes of onboarding designated suppliers. For this purpose, Afripower will also process a supplier’s personal information for purposes of facilitating payments, performing credit checks, and this may include engaging third-party credit vetting agencies;
  • In connection with the execution of payment processing functions;
  • For purposes of monitoring the use of Afripower’s electronic systems by consumers. Afripower will, from time to time, engage third-party service providers (who will process the data subject’s personal information on behalf of Afripower) to facilitate this;
  • For purposes of preventing, discovering, and investigating non-compliance with this policy, and other Afripower policies, and investigating fraud, or other related matters;
  • For employment-related purposes such as recruitment, administering payroll, and carrying out background checks;
  • In connection with internal audit purposes (i.e. ensuring that the appropriate internal controls are in place in order to mitigate the relevant risks, as well as to carry out any investigations where this is required);
  • In connection with external audit purposes. For this purpose, Afripower engages external service providers and, in so doing, shares personal information of the data subjects with third parties;
  • To respond to any correspondence that a customer, supplier, or third party may send to Afripower, including via its website, email, or by telephone;
  • To contact the data subject for marketing purposes subject to the provisions below;
  • In order to receive and address inquiries or complaints in respect of Afripower’s services or functions as a solar power solutions provider;
  • For such other purposes to which the data subject may consent from time to time; and
  • For such other purposes as authorized in terms of applicable law.

Types of Personal Information and Special Personal Information Processed

Afripower collects and processes personal information required to effectively carry out its business. The personal information that is processed includes the following:

  • New Job Applicants
    • Name and Surname,
    • Address,
    • Contact details,
    • Email address,
    • Telephone number,
    • Details of qualifications and Skills,
    • Employment history and Information about a data subject’s entitlement to work in South Africa.
  • Designated Suppliers and/or Third Parties
    • Entity name,
    • Registration number,
    • Income tax number,
    • Contact details for representative persons,
    • FICA documentation,
    • BBB-EE certificates,
    • Invoices and Bank Account and Payment details.
  • Website Visitors
    • IP address,
    • Email address/contact details (if provided by data subject),
    • Marketing preferences and Website history.
  • Employees/Staff
    • Name and Surname,
    • ID number,
    • Contact details,
    • Physical and postal address,
    • Date of birth,
    • Age,
    • Disability,
    • Biometric Information,
    • Employment history,
    • Criminal/background checks,
    • Education history,
    • Banking details,
    • Income tax reference number,
    • Remuneration and benefits information (including medical aid, pension/provident fund information),
    • Disciplinary procedures,
    • Employee disability information,
    • Physical access records,
    • CCTV records,
    • Health and safety records and Time and attendance records.

Keeping Personal Information Accurate

Afripower will take reasonable steps to ensure that all personal information is kept as accurate, complete, and up-to-date as reasonably possible depending on the purpose for which personal information is collected or further processed.

Afripower may not always expressly request the data subject to verify and update his/her/its personal information unless this process is specifically necessary.

Afripower, however, expects that the data subject will notify Afripower from time to time in writing of any updates required in respect of his/her/its personal information.

Storage and Processing of Personal Information by Afripower and Third-Party Service Providers

Afripower may store your personal information in hardcopy format and/or in electronic format using Afripower’s own secure on-site servers or other internally hosted technology. Your personal information may also be stored by third parties, via cloud services or other technology, with whom Afripower has contracted with, to support Afripower’s operations.
Afripower’s third-party service providers, including data storage and processing providers, may from time to time also have access to a data subject’s personal information in connection with purposes for which the personal information was initially collected to be processed.

Afripower will ensure that such third-party service providers will process the personal information in accordance with the provisions of this policy, all other relevant internal policies and procedures, and POPIA.

These third parties do not use or have access to your personal information other than for purposes specified by us, and Afripower requires such parties to employ at least the same level of security that Afripower uses to protect your personal information.

Retention of Personal Information

Afripower may keep records of the personal information it has collected, correspondence, or comments it has collected in an electronic or hardcopy file format.

In terms of POPIA, Afripower may not retain personal information for a period longer than is necessary to achieve the purpose for which it was collected or processed and is required to delete, destroy (in such a way that it cannot be reconstructed

Contact

All comments, questions, concerns or complaints regarding your personal information or this policy, should be forwarded to:

Information Officer: Lieffen Chen

Tel: 083 257 3853

Email: lieffenc@afripowersa.co.za 

Physical Address: Afripower SA, Growthpoint Business park Unit 12 A, 162 Tonetti street, Halfway house, Midrand, 1636

Postal Address: Afripower SA, Growthpoint Business park Unit 12 A, 162 Tonetti street, Halfway house, Midrand, 1636

If required, the data subject can contact the office of the Information Regulator, the details of which are:

Website: https://www.inforegulator.org.za;

Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001.

Postal Address: P.O Box 31533, Braamfontein, Johannesburg, 2017

General enquiries: enquiries@inforegulator.org.za.

Complaints: (complete POPIA/PAIA form 5) and send it to PAIAComplaints@inforegulator.org.za should your PAIA request be denied or there is no response for access to records you may use this email address to lodge a complaint. Should you feel that your personal information has been violated, you may use this e-mail address to lodge a complaint at POPIAComplaints@inforegulator.org.za,