Privacy Policy

AARDEN SOLAR PRIVACY NOTICE

Protection of Personal Information Act Privacy Notice

Date of writing: 6 August 2024

INTRODUCTION

Aarden Solar is a solar energy distribution company. The purpose of our company is to provide efficient solar energy solutions to our clients, tailored to their specific needs. Aarden Solar delivers a range of services to its clients daily, which requires us to process personal information. Accordingly, Aarden Solar is required to adhere to the Protection of Personal Information Act 4 of 2013, including its regulations.

This notice constitutes Aarden Solar’s commitment to comply with the POPI Act and ensures that any personal information is processed within the parameters of the law. Accordingly, this notice informs data subjects on how personal information will be processed, secured, used, and destroyed.

This notice must be read in conjunction with the POPI Act and its Regulations.

OBJECTIVE

The objective of this notice is to ensure compliance with the POPI Act and to give data subjects clarity on the following:

• What personal information Aarden Solar collects and the basis thereof.
• How Aarden Solar intends to use and protect the personal information of a data subject.
• How long Aarden Solar keeps the personal information of a data subject.
• The rights of a data subject regarding their personal information.
• What the data subject should do if they do not want to provide Aarden Solar with their personal information.
• The destruction of a data subject’s personal information held by Aarden Solar.

INTERPRETATION AND DEFINITIONS

In this notice:

• Clause headings are for convenience and reference only and shall not be used in the interpretation thereof.
• Any gender includes the other genders, and a natural person includes a juristic person and vice versa.
• All annexures (if any) hereto are incorporated herein and shall have the same force and effect as if they were set out in the body of this notice.
• The following words and/or expressions shall, unless the context indicates otherwise, bear the meaning assigned to them below and in the POPI Act:
• “Cookies” means small pieces of data sent from a website and stored on the user's computer by the user's web browser while browsing the internet.
• “Data subject” means the person to whom personal information relates.
• “Employee” means a permanent, fixed-term, or temporary employee of Aarden Solar.
• “Operator” means a third party that processes personal information in terms of a mandate or contract with Aarden Solar without coming under the direct authority of Aarden Solar.
• “Information Officer” means the person appointed by Aarden Solar who is responsible for monitoring compliance with the conditions for the lawful processing of personal information; dealing with requests made in terms of the POPI Act to Aarden Solar; working with the regulator in relation to investigations conducted in relation to prior authorization by the data subject and ensuring compliance by Aarden Solar with the provisions of the POPI Act.
• “Person” means any person, company, close corporation, trust, partnership, or other entity.
• “Personal Information” means information relating to an identifiable living natural person and where applicable, an identifiable existing juristic person, including but not limited to:
• Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language, and birth of the person.
• Information relating to the education, medical, financial, criminal, or employment history of the person.
• Any identifying number, symbol, e-mail address, physical address, postal address, telephone number, mobile number, work number, location information, online identifier, or other particular assignments to the person.
• The biometric information of the person.
• The personal opinions, views, or preferences of the person.
• Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence.
• The views or opinions of another individual about the person; and
• The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
• “Privacy Notice or Notice” means this notice as amended from time to time.
• “Processing” means any operation or activity or any set of operations, whether by automatic means, concerning personal information including:
• The collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation, or use.
• Dissemination by means of transmission, distribution, or making available in any other form; or
• Merging, linking, as well as restriction, degradation, erasure, or destruction of information.

PROCESSING OF PERSONAL INFORMATION

Personal information Aarden Solar collects about a data subject and the basis thereof:

The personal information Aarden Solar collects in the ordinary course of business includes:

• Only information that is adequate, necessary, and relevant to effectively render services such as the data subjects' name and surname, identity number (where applicable), address, contact information, etc.
• Electronic communications (E-mail, WhatsApp, etc.) sent to Aarden Solar.
• Information submitted in response to vacancy advertisements by Aarden Solar.
• Technical information (such as the use of cookies), activity data such as when the data subject makes use of Aarden Solar’s online services or takes part in a competition or prize draw.
• Information from the data subjects' visits to Aarden Solar’s website including the type of browser, operating system, access times, pages viewed, URLs clicked on, IP Address information, pages visited, products viewed, and after navigating the Aarden Solar website.
• Social media tracking that allows platforms such as Facebook, Twitter, Instagram, etc. to interact with the Aarden Solar Website and give feedback on the data subjects' actions.
• Device information including the unique identifier, hardware information, operating system and its version, and network information.
• Personal information that Aarden Solar collects when it monitors other websites may include a data subject’s public personal information and combine information gathered from various sources to better understand what people are saying about it or the solar energy industry to improve on the services rendered by Aarden Solar.

Aarden Solar’s website uses various technologies and is constantly changing to adapt to a fast-paced market, which includes using “cookies” to allow the website to recognize and respond to the data subject as an individual. The data subject may decide whether to accept or decline the cookies disclaimer. If a data subject declines cookies, the website might not function as intended by management and developers, so their experience on the website may result in unexpected errors or display anomalies.

PROTECTING THE DATA SUBJECT'S PERSONAL INFORMATION

Aarden Solar uses a variety of security measures and technologies to protect the personal information of a data subject from unauthorized access, use, disclosure, alteration, or destruction in accordance with applicable personal information protection and privacy laws. In the event that Aarden Solar shares the personal information of a data subject with external suppliers, a written agreement shall be drafted which commits the suppliers to ensure the confidentiality of a data subject's personal information and that the necessary security measures have been implemented to keep it secure.

Any information transmitted to Aarden Solar through electronic communication methods may not be completely secure and will be at the data subject's own risk.

Despite the security measures that Aarden Solar has in place to protect the personal information of a data subject (firewalls, password access, biometric access, encryption methods, and internet security software), the data subject acknowledges that it may be accessed by an unauthorized third party as a result of illegal activity such as hacking and certain virus applications. Aarden Solar actively monitors its network and software for any vulnerabilities; however, it cannot be in total control in every aspect as there are third-party suppliers involved such as the email hosting provider and internet service provider. In such cases, Aarden Solar will work with the provider in question to ensure any personal information is protected and secure in line with the POPI Act. This notice does not apply to those providers mentioned.

Any links to websites or mobile applications that Aarden Solar may provide (which are not owned or controlled by Aarden Solar) must have their own privacy policy in place, and this notice does not apply to them. If a data subject chooses to use those websites, they must first look at the legal and privacy policies or statements posted on each website or mobile application they access to understand their privacy policies.

HOW AARDEN SOLAR USES THE PERSONAL INFORMATION OF A DATA SUBJECT

Aarden Solar may use the personal information of a data subject to provide them with information and services including:

• Press releases;
• Job vacancies;
• Marketing communications about services and products from Aarden Solar. Aarden Solar will obtain consent for marketing to the extent required by law.

Contact and interact with the data subject including to:

• Respond to requests from the data subject such as employment queries or requests relating to the services offered by Aarden Solar to effectively assist the data subject; and
• Provide important notices and updates such as changes to terms, standard operating procedures, policies, security alerts, administrative queries, etc.

Operate Aarden Solar’s business including:

• Screening visitors through CCTV footage, conducting searches for dangerous or concealed weapons, and completing the attendance register for security purposes.
• Complying with applicable laws, regulations, and guidance; and
• Complying with demands or requests made by regulators, governments, courts, and law enforcement authorities.

Improve Aarden Solar’s daily operations including:

• For internal purposes such as auditing, data analysis, and research to help Aarden Solar deliver and improve its digital platforms, content, and services;
• To monitor and analyze trends, usage, and activities in connection with Aarden Solar’s services;
• To improve Aarden Solar’s services and products; and
• To ensure that content from Aarden Solar is presented in the most effective manner for the data subject.

PERSONAL INFORMATION RETENTION PERIOD

Aarden Solar endeavors to ensure that the personal information of a data subject is only retained for as long as it is necessary to achieve the purposes for which it was collected unless it is required to be retained longer for a lawful purpose.

The personal information of a data subject may be stored electronically (on a secure server), in hard copy, or both. This information is securely stored in order to limit the risk of unauthorized disclosure or access to that information. Where information is no longer required to be retained for a lawful purpose, it shall be securely destroyed.

DATA SUBJECTS’ RIGHTS REGARDING THEIR PERSONAL INFORMATION

The data subject may have rights under South African or other laws to have access to the personal information that Aarden Solar processes about them. A data subject may request that Aarden Solar update and correct their personal information, request access to the personal information it holds about them, or request that Aarden Solar delete any information that is no longer necessary for the purposes for which it was collected or processed by contacting Aarden Solar’s Information Officer. A data subject can do so by contacting Aarden Solar via email: info@aardensolar.co.za.

If a data subject wants to exercise their rights under applicable law, including the right to access information (held by Aarden Solar or a third party), they must make a request in writing and submit it to Aarden Solar, together with proof of identity, proof of address, and any other relevant documents, which are certified by a commissioner of oaths. Aarden Solar may request additional documents to verify a data subject's identity. Aarden Solar will not charge a data subject to correct or update their personal information. However, to access a copy of their personal information, Aarden Solar may charge a fee, subject to a maximum amount prescribed by law.

A data subject can exercise the above rights by contacting Aarden Solar at info@aardensolar.co.za. Aarden Solar will carefully consider all such requests and reserve the right to refuse any request on legally permissible grounds. Aarden Solar may ask a data subject to verify their identity and provide further details relating to their request before responding.

DESTRUCTION OF THE DATA SUBJECT’S PERSONAL INFORMATION

Aarden Solar endeavors to ensure that the personal information of a data subject is only retained for as long as it is necessary to achieve the purpose for which it was collected unless it is required to be retained longer for a lawful purpose.

The personal information of a data subject may be stored electronically (on a secure server), in hard copy, or both. This information is securely stored in order to limit the risk of unauthorized disclosure or access to that information. Where information is no longer required to be retained for a lawful purpose, it shall be securely destroyed.

GENERAL

Contact information

Aarden Solar 

Head Office: 40 Tsessebe Crescent, Corporate Park, Midrand, 1683, South Africa

Email: info@aardensolar.co.za

Telephone: +27 (0)11 123 4567

Changes to this Privacy Notice

Aarden Solar reserves the right to update this notice at any time. Where Aarden Solar makes changes to this notice, it will publish these changes on its website from time to time.

Law applicable to this Privacy Notice

This notice shall be governed and construed in accordance with the law of the Republic of South Africa. A data subject agrees that any dispute or claim arising from or in connection with this notice shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

INFORMATION OFFICER

Name: Werner du Plessis

Email: wernerdp@clbc.co.za