THE PROTECTION OF PERSONAL INFORMATION (POPI) ACT CUSTOMER PRIVACY NOTICE
This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”).
At Jasper Power (and including this website, POPI Act-Compliance) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.
1.2 This policy document shall apply to, and be binding upon, us, our directors, members, employees and representatives in the performance of their functions pertaining to the subject matters addressed herein.
1.3 The contents of this policy document shall be interpreted purposively and in such a manner so as to:
1.3.1 protect and promote your privacy rights;
.2 ensure that we comply with the provisions of the Protection of Personal Information Act 4 of 2013;
1.3.3 uphold the values enshrined in the Constitution of the Republic of South Africa.
2.1 In this policy document, unless otherwise indicated by the context:
2.1.1 “the Company” means Jasper Power Company (RF) (Pty) Ltd with registration number 2012/030036/07, a private company duly incorporated and registered under the laws of the Republic of South Africa with its registered address 1st Floor • Building 1 • Riverside Junction • 63 Saint James Crescent • Bryanston • Gauteng • South Africa • 2021 and any reference to “we” “us” or “our” will be a reference to the Company;
2.1.2 “consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information;
2.1.3 “the Constitution” means the Constitution of the Republic of South Africa, 1996;
2.1.4 “direct marketing” means to approach you, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to you; or requesting you to make a donation of any kind for any reason;
2.1.5 “electronic communication” means any text, voice, sound or image message sent over an electronic communications network which is stored in the network or in the recipient’s terminal equipment until it is collected by the recipient;
“the operator” means a person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party;
2.1.6 “personal information” means information relating to you, including, but not limited to:
126.96.36.199 information relating to your race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, wellbeing, disability, religion, conscience, belief, culture, language and birth;
188.8.131.52 information relating to your education or medical, financial, criminal or employment history;
184.108.40.206 your identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment;
220.127.116.11 your biometric information;
18.104.22.168 your personal opinions, views or preferences;
22.214.171.124 correspondence sent by you that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
126.96.36.199 the views or opinions of another individual about you; and
188.8.131.52 your name if it appears with other personal information relating to you or if the disclosure of your name itself would reveal information about you.
2.1.7 “processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information including:
184.108.40.206 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
220.127.116.11 dissemination by means of transmission, distribution or making available in any other form; or
18.104.22.168 merging, linking, as well as restriction, degradation, erasure or destruction of information.
2.1.8 “the POPI Act” means the Protection of Personal Information Act 4 of 2013;
2.1.9 “the Regulator” means the Information Regulator established in terms of section 39 of the POPI Act;
2.1.10 “the website” means the Company’s website;
2.1.11 “you” means the person using the website and to whom personal information relates.
3.1.1 the rights that you have when using the website;
3.1.2 the procedures that you are entitled to follow to enforce your rights;
3.1.3 the manner in which the Company will gather or obtain your personal information;
3.1.4 the type of personal information that may be required from you from time to time; and
3.1.5 how any personal information that has been gathered will be used, disclosed, protected and accessible upon request.
4.1 By using the website, you are consenting to the processing of your personal information in instances where:
4.1.1 processing is necessary to carry out actions for the conclusion or performance of a contract with the Company;
4.1.2 processing complies with an obligation imposed by law; and
4.1.3 processing is necessary for the proper performance of a public law duty or the pursuing of a legitimate interest.
4.3 Consent may be withdrawn provided that the lawfulness of the processing of personal information before such withdrawal or the processing of personal information in accordance with paragraph 4.1 will not be affected.
4.4 You may object to the processing of your personal information:
4.4.1 in terms of paragraph 4.1.3, in the prescribed legal manner or on reasonable grounds relating to a particular situation unless legislation provides for such processing; and/or
4.4.2 for purposes of direct marketing other than marketing by means of unsolicited electronic communication.
4.5 If you object to the processing of your personal information in terms of paragraph 4.4, we will seize to use or process any of your personal information.
5. COLLECTION OF YOUR PERSONAL INFORMATION
5.1 Your personal information will be collected as follows:
5.1.1 we may request you to directly provide us with your personal information such as your title, full names, contact details and residential address. This information will be used to provide you with information and services you may request from us, audit and record keeping purposes, as may be required to comply with legal obligations and communication with you.
5.1.2 our web servers will automatically collect standard information that your browser sends to every website visited for statistical purposes. Such browsing patterns information includes but is not limited to the number of visits, the pages on the website viewed, the key words used to find our site, your browser type and language and access times. All such information is used to improve our site for a better browsing experience and to improve our services.
5.1.3 the IP-address used to access our website is also collected for user verification and security purposes.
5.1.4 our social media pages will collect your personal information which you may make available to such media pages and associated pages. Information collected includes but is not limited to your profile picture, screen name, birth date, address and any personal information made available to our social media site by yourself or any related third party. All such information is used for market research and/or marketing.
5.2 Personal information will be collected directly/indirectly from you, except in cases where:
5.2.1 your personal information is derived from a public record or has been intentionally made public by you;
5.2.2 collection of your personal information from another source would not prejudice your legitimate interests;
5.2.3 collection of your personal information from another source is necessary:
22.214.171.124 to avoid prejudice to compliance with the law by any public body, including the prevention, detection, investigation, prosecution and punishment of offences;
126.96.36.199 to comply with an obligation imposed by law or to enforce legislation concerning the collection of revenue as defined in section 1 of the South African Revenue Service Act 34 of 1997;
188.8.131.52 for the conduct of proceedings in any court or tribunal that commenced or are reasonably contemplated;
184.108.40.206 in the interests of national security;
220.127.116.11 to maintain the legitimate interests of the Company or a third party to whom the information is supplied;
18.104.22.168 as compliance would prejudice a lawful purpose of the collection;
22.214.171.124 as compliance is not reasonably practicable in the circumstance of the particular case.
5.3 We may share your personal information with our operator, service providers and/or authorised third parties.
6. ACCESS TO DATA
6.1 You have the right to access the personal information which the Company has collected about you upon providing adequate proof of identity. You have the right to:
6.1.1 request us to confirm, free of charge, whether or not we hold your personal information;
6.1.2 request a record or description of your personal information held by us as well as the identity of all third parties who have or had access to the information:
126.96.36.199 within a reasonable time;
188.8.131.52 at a prescribed fee, if any;
184.108.40.206 in a reasonable manner and format; and
220.127.116.11 in a form that is generally understandable.
7. SECURITY SAFEGUARDS
7.1 We have a duty to secure the integrity and confidentiality of your personal information that we possess and we have taken reasonable technical and organisational measures to prevent:
7.1.1 loss, damage and unauthorised destruction of your personal information; and
7.1.2 unlawful access or processing of your personal information.
7.2 In order to ensure full adherence to paragraph 5.1, we will take reasonable steps and measures to:
7.2.1 identify all reasonably foreseeable internal and external risks to your personal information in our possession;
7.2.2 establish and maintain appropriate safeguards against the risks identified;
7.2.3 regularly verify that the safeguards are effectively implemented;
7.2.4 ensure that the safeguards are continually updated in response to news risks or deficiencies in previously implemented safeguards; and
7.2.5 safeguard your personal information which comes to our knowledge and not disclose it to any parties that are not named in this policy.
7.3 Personal information that you furnish us with will be retained for a period of 3 years unless:
7.3.1 your personal information must be retained for a longer period of time as required or authorised by the law; and/or
7.3.2 we need your personal information for lawful purposes related to its function or activities; and/or
7.3.3 retention of the record is required by a contract between us and your; and/or
7.3.4 for historical, statistical or research purposes if we have has established appropriate safeguards.
7.4 We will restrict processing of your personal information if:
7.4.1 its accuracy is contested by you for a period enabling us to verify the accuracy of the information;
7.4.2 we no longer need your personal information for achieving the purposes for which the information was collected or subsequently processed;
7.4.3 the processing of your personal information is deemed unlawful and you oppose its destruction or deletion and request its restricted use instead;
7.4.4 you request us to transmit your personal information into another automated processing system.
7.5 We will destroy and/or delete a record of your personal information or re-identify it as soon as reasonably practicable after we are no longer authorised to retain your personal information.
7.6 Where there are reasonable grounds to believe that your personal information has been accessed or acquired by any unauthorised person, we will notify the Regulator and yourself unless the identity of such data cannot be established.
8. NOTICES, CHANGES & UPDATES
8.2 All updates and changes will be in line with procedures and steps set out in the POPI Act.
8.3 You will receive all notices to the physical address and or email address that you choose when inserting information onto the website.
8.4 We will upload all updated versions of this policy document onto the website and may change and update this policy document at any time to keep it in line with the provisions of the POPI Act.
8.5 Any additional privacy terms or policies will be made prominently available and published here.
+27 (0)11 582 6880
JASPER POWER COMPANY (RF) Pty Ltd
All Rights Reserved ©2020
Riverside Junction, 1st Floor
Building No.:1, 63 St James Crescent
Bryanston, Gauteng, South Africa
Tel: +27 (0)11 582 6880
Fax: +27 (0)11 784 7549
Jasper Solar Farm, Postmasburg,
Northern Cape, South Africa
(14,5km outside Postmasburg via R385)