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In this Policy (as defined below), unless the context requires otherwise, the following capitalised terms shall have the meanings given to them:
1.1 "Active Processing" means instances where Flex-power has directly been provided with the Personal Information/Personal Data of Data Subjects, such as when Data Subjects submit an enquiry in respect of its Services, or when Data Subjects provide Personal Information/Personal Data to Flex-power pursuant to concluding any commercial agreement(s) with Flex-power.
1.2 "Inactive Processing" means instances where Flex-power has not actively been provided with the Personal Information/Personal Data of Data Subjects, such as when Flex-power deploys Passive Processing Means to collect information from Data Subjects. These Passive Processing Means allow Flex-power to Process certain kinds of Non-personally Identifiable Information which cannot be linked to Data Subjects.
1.3 "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.
1.4 "Applicable Laws" means POPIA, GDPR, and any other applicable laws, regulations, regulatory requirements, and codes of practice of any relevant jurisdiction, as amended and in force from time to time.
1.5 "Flex-power" means FlexFuel Ltd and their respective subsidiaries.
1.6 "Flex-power" means any company forming part of the group from time to time.
1.7 "Biometrics" means a technique of personal identification that is based on physical, physiological or behavioural characterisation including blood typing, fingerprinting, DNA analysis, retinal scanning, and voice recognition.
1.8 "Child" means any natural person under the age of 18 years.
1.9 "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.
1.10 "Controller" / “Responsible Party” means Flex-power, in circumstances where it Processes Personal Data / Personal Information (as defined by Applicable Laws).
1.11 "Consent" means any voluntary, specific, and informed expression of will in terms of which permission is given for the Processing of Personal Information.
1.12 "Cookies" means small text files that store Non-personally Identifiable Information/Data about Data Subjects, either temporarily in connection with a Data Subject's Internet Protocol (IP) address (known as a temporary or session cookie and deleted once a Data Subject closes their browser window) or more permanently on the hard drive of a Data Subject’s device (known as a permanent or persistent cookie). Flex-power’s Website(s) or Mobile Application(s) may from time to time use session cookies so that Data subjects do not have to fill in the same information from page to page within our Website(s) or Mobile Application(s). If Data Subjects elect not to receive cookies, they may be able to view some, but not all, of the content on our Website(s) or Mobile Application(s).
1.13 "Client(s)" means any natural person(s), or juristic person(s), who have concluded an agreement with Flex-power in terms of which such Client procures the Products or Services provided by Flex-power.
1.14 "Data Subject" means Flex-power’s Client(s) or any Third Party in respect of whom Flex-power Processes Personal Information/Personal Data.
1.15 "Data Processing Infrastructure" means any and all systems, networks, servers, workstations, laptops, mobile devices, web applications, mobile applications, cloud storages, and websites owned, controlled, or operated by Flex-power.
1.16 "Embedded Scripts" means programming code that is designed to collect information about a Data Subject’s interactions with the relevant Website(s) or Mobile Application(s). It is temporarily downloaded onto a Data Subject’s device from our web server or a Third-Party Operator. This program is active only while a Data Subject is connected to the relevant Website(s) or Mobile Application(s) and is deleted or deactivated thereafter.
1.17 "Electronic Means" means, in relation to the Processing of any Personal Information/Personal Data, the use of any Website(s), Mobile Application(s), electronic mail (email), text, voice, sound, or image messages by Flex-power.
1.18 "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.
1.19 "GDPR" means the General Data Protection Regulation, which is a European law that governs all collection and processing of personal data from individuals inside the European Union.
1.20 "Mobile Application(s)" means any multi-device software application, whether in web-based format or device-native format, to which this Privacy Policy relates and through which Client(s) and Third Parties gain access to Flex-power’s Products and/or Services.
1.21 "Mobile Device Identifier" means device information if you access our Website(s) or Mobile Application(s) through mobile devices. Certain features of the relevant Website(s) or Mobile Application(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, Flex-power and/or our Third-Party Operators may receive this information. If Flex-power 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.
1.22 "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) and Mobile Application(s), the specific pages a Data Subject may have visited, and the address of the website which a Data Subject may have visited prior to entering or gaining access to Flex-power’s Website(s) or Mobile Application(s).
1.23 "Operator" / “Processor” means a person or entity, depending on the Applicable Laws, who Processes Personal Information/Data for a Responsible Party.
1.24 "PAIA" means the Promotion of Access to Information Act 2 of 2000.
1.25 "Passive Processing Means" means the use of technologies to facilitate the Inactive Processing of Personal Information/Personal Data, namely the use of Cookies, Web Beacons, Embedded Scripts, and/or Mobile Device Identifiers.
1.26 "Permitted Deviations" means any Applicable Laws and/or standards which may require a deviation from adherence to this Privacy Policy.
1.27 "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, which in the context of Flex-power shall comprise the types of Personal Data recorded in this Policy below.
1.28 "Personal Information" shall have the same meaning as is given in section 1 of POPIA but shall, in the context of Flex-power, comprise the types of Personal Information recorded in this Policy below.
1.29 "Policy" means this Data Protection and Privacy Policy.
1.30 "POPIA" means the Protection of Personal Information Act, No 4 of 2013.
1.31 "Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information/Personal Data, including: 1.31.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, or use; 1.31.2 dissemination by means of transmission, distribution, or making available in any other form by electronic communications or other means; or 1.31.3 merging, linking, blocking, degradation, erasure, or destruction. For the purposes of this definition, "Process" has a corresponding meaning.
1.32 "Products" means the professional services procured by Clients of Flex-power.
1.33 "Regulatory Authority" means the Information Regulator established in terms of POPIA; the Supervisory Authority established in terms of the GDPR; and/or any other regulatory authorities in terms of applicable laws.
1.34 "Services" means the various professional services provided by Flex-power to its Client(s), the particulars of which services are clearly set forth on Flex-power’s Website from time to time.
1.35 "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.
1.36 "Third-Party" means any of Flex-power’s (if applicable), Client(s), Data Subject(s), employees, independent contractors, agents, consultants, or users of Flex-power’s Products, Services, Website, or any other digital application interface.
1.37 "Unique Identifier" means any identifier that is assigned to a Data Subject and is used by the Responsible Party for the purposes of the operations of that Responsible
1.38 "Website(s)" means any website(s), including www.Flex-Power.co.za, to which this Privacy Policy relates and through which Client(s) and Third-Parties gain access to Flex-Power’s Products and/or Services.
1.39 "Web Beacons" means small graphic images or other web programming code (also known as "1×1 GIFs" or "clear GIFs") that may be included in Flex-Power’s web pages and messages. Web Beacons may be invisible to Data Subjects, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web Beacons or similar technologies may be used for several purposes, including, without limitation, to count visitors to our Website(s), to monitor how Data Subjects navigate the Website(s), to count how many of the emails sent were opened, or to count how many particular articles or links were viewed.
1.40 "You" means a visitor to our Website(s), user of our Products and/or Services, or any other Data Subject to whom Personal Information/Personal Data relates.
2.1 This Policy regulates the Processing of Personal Information/Personal Data by Flex-Power in a manner that is compliant with the Applicable Laws, thereby ensuring that the Data Subjects’ constitutional right to privacy is adequately protected, and to ensure that Flex-Power is compliant with Applicable Laws and takes all reasonable measures to protect the confidentiality, integrity, and availability of Personal Information/Personal Data.
2.2 This Policy applies to Personal Information/Personal Data collected and/or processed by Flex-Power in connection with the Products and/or Services offered by Flex-Power.
2.3 Data Subjects should read this Policy carefully before accessing the Website(s), Mobile Application(s), or providing any Personal Information/Personal Data to Flex-Power.
2.4 By accessing the Website(s) and/or Mobile Application(s) and/or submitting any Personal Information/Personal Data to Flex-Power, Data Subjects accept the terms of this Policy and consent to the Processing of their Personal Information/Personal Data as set forth herein.
2.5 If Data Subjects do not agree with the terms of this Policy, they must not use the Website(s) and/or Mobile Application(s) or submit any Personal Information/Personal Data to Flex-Power.
2.6 This Policy must be read together with Flex-Power’s Website Terms of Use, and any other documents that govern Data Subjects’ use of Flex-Power’s Website(s), Mobile Application(s), Products, and/or Services.
3.1 The purpose of this Policy is to: 3.1.1 inform Data Subjects about the Processing of their Personal Information/Personal Data by Flex-Power; 3.1.2 ensure that Data Subjects are aware of their rights in relation to their Personal Information/Personal Data; 3.1.3 provide Data Subjects with information on how to exercise those rights; 3.1.4 provide Data Subjects with information on how Flex-Power Processes Personal Information/Personal Data; and 3.1.5 ensure that Flex-Power complies with the applicable data protection laws and regulations, including the GDPR and POPIA.
4.1 Engagement and Processing
When you interact with Flex-Power, whether in person, electronically, or through our services and website, we process your Personal Information/Personal Data.
Occasionally, we collect Personal Information/Personal Data from other sources. In such cases, we will inform you through our privacy notices. If you share your Personal Information/Personal Data with third parties, Flex-Power is not responsible for any resulting losses.
If you provide us with the Personal Information/Personal Data of any third party, we will process it according to this policy, relevant terms and conditions, privacy notices, and applicable laws.
We primarily process Personal Information/Personal Data to:
You may need to confirm that you are authorized to provide such information.
Flex-Power is committed to processing Personal Information/Personal Data in a manner that promotes privacy, accountability, and data subject participation.
Flex-Power may process the following types of Personal Information/Personal Data:
We may also process Personal Information/Personal Data to:
We will comply with legal notification requirements when collecting Personal Information/Personal Data from you.
We will collect and process Personal Information/Personal Data in compliance with applicable laws to protect your privacy.
We will not process your Personal Information/Personal Data for purposes other than those stated in this policy or other privacy notices, unless permitted or required by law.
We may use automated means to make decisions about you or your applications. You have the right to object to or query such decisions.
We will only use your Personal Information/Personal Data for direct marketing if permitted by applicable laws and after complying with such laws.
You will be given a reasonable opportunity to object to the use of your Personal Information/Personal Data for marketing purposes when it is collected and with each marketing communication.
We will retain your Personal Information/Personal Data in electronic or hardcopy formats with third-party service providers.
Your information will be retained only as long as necessary to fulfill legitimate purposes or as required by law.
You have the right to object to the processing of your Personal Information/Personal Data. We will retain and store your data to address any objections or inquiries promptly.
If you fail to provide required Personal Information/Personal Data, we may decline to render services without liability to you.
We implement appropriate physical, organizational, contractual, and technological security measures to protect the integrity and confidentiality of Personal Information/Personal Data.
In the event of a security breach, we will notify the relevant regulatory authority and affected data subjects as soon as reasonably possible.
While we take measures to secure your information, no system is 100% secure. We cannot guarantee complete security or accuracy of the information we collect.
Any transmission of Personal Information/Personal Data is at your own risk. We use strict procedures to prevent unauthorized access once we receive your information.
You agree to indemnify and hold Flex-Power harmless for any security breaches that may expose your Personal Information/Personal Data to unauthorized access or processing.
We may disclose your information to third-party service providers or other Flex-Power Group companies as necessary. We will ensure they comply with applicable laws.
We may transfer your information to foreign jurisdictions for processing and storage by third-party providers.
We will obtain your consent to transfer your information to foreign jurisdictions when required.
Note that your information in foreign jurisdictions may be subject to the laws of those jurisdictions.
You have the right to access your Personal Information/Personal Data held by Flex-Power, subject to certain exemptions.
Make a written request to Flex-Power’s Information Officer to access your information.
We will provide your information as required by applicable laws.
You can challenge the accuracy or completeness of your information at any time.
We take steps to keep your information updated and provide opportunities for you to update your details.
You should notify us in writing of any updates, deletions, or restrictions needed for your information.
Any applicable fees for copies of your information will be provided as per our PAIA Manual.
Flex-Power reserves the right to amend this policy from time to time.
If you believe we have processed your information contrary to this policy, try to resolve the matter with us first. If unresolved, you have the right to lodge a complaint with the Information Regulator.
The Information Regulator (South Africa)
For any comments, questions, concerns, or complaints regarding Personal Information/Personal Data or this policy, contact Flex-Power’s Information Officer at: support@Flex-Power.co.za.
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