1. Collection of Personal Information:
1.1 EMS Invirotel Energy Management (Pty) Ltd, including its subsidiaries and associate companies (hereinafter collectively referred to as “EMS”) respects your privacy and will take reasonable measures to protect it, as more fully detailed below.
1.2 Should you decide to apply for credit facilities with EMS, register as a user on EMS’s Website / Mobile Application, enter into competitions run by EMS from time to time or in any other way engage with EMS, we may require that you provide us with personal information which includes, but is not limited to:
1.2.1 your name and surname;
1.2.2 your identity number;
1.2.3 your company’s registration number;
1.2.4 your email address;
1.2.5 your physical address;
1.2.6 your mobile number. (“personal information”).
1.3 Further to 1.2 above, EMS’s Website and Mobile Application makes use of “COOKIES” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website and Mobile Application and thus if you disable the cookies on your browser you may not be able to use those features and your access to our Website and Mobile Application will, therefore, be limited. If you do accept a “cookie”, you hereby consent to our use of any personal information collected by us using that cookie.
2 Use of Personal Information:
2.1 If you provide EMS with personal information, you are deemed to have authorised EMS to collect, retain and use that personal information for the purpose of:
2.1.1 verifying your identity;
2.1.2 verifying your eligibility to purchase goods on credit in accordance with EMS’s credit criteria;
2.1.3 processing your application for credit facilities and managing your accounts with EMS;
2.1.4 obtaining credit insurance cover over your account (where applicable);
2.1.5 processing your registration as a user on EMS’s Website / Mobile Application and maintaining and managing your registration;
2.1.6 provide you with customer service and responding to your queries, claims or disputes;
2.1.7 processing the ordering, sale and delivery of Goods;
2.1.8 contacting you in respect of current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
2.1.9 informing you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
2.1.10 improving your experience on our Website and Mobile Application by, inter alia, monitoring statistical non-personal browsing habits; 2.1.11 performing research or statistical analysis in order to improve our product and service offerings and for marketing and promotional services.
3 Disclosure of Personal Information:
3.1 Subject to 3.2 below, EMS will not, without your express consent, disclose your personal information to any third party other than as set out below:
3.1.1 to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
3.1.2 to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
3.1.3 to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods you have purchased which requires their involvement.
3.2 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, the order of the court or legal process served on us, or to protect and defend our rights or property.
4 Storage of Personal Information:
4.1 Your personal information may be stored in the Republic of South Africa or any other country in which EMS or its third party service providers maintain facilities. By providing your personal information to EMS, you consent to the collection of your personal information and to any transfer of such information outside the Republic of South Africa.
5 Right to access/correct your Personal Information:
5.1 You have the right to access your personal information held by us and to request the correction of the information.
5.2 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible so as to ensure the accuracy of the information in our possession. EMS shall not be liable for any inaccuracies in the information should you fail to update your personal information when necessary.
5.3 You are able to access/correct your personal information held by us by sending your request in writing to the following address or through the link provided on our website:
Legal Department –
Attention the Legal General Manager
PO Box 4403,
Johannesburg 2000
6 Security Measures
6.1 EMS will make every endeavour to ensure that all of its employees, third party service providers, divisions and partners (including their employees and third party service providers) who have access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
6.2 EMS will make all reasonable efforts to:
6.2.1 treat your personal information as strictly confidential;
6.2.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
6.2.3 provide you with access to your personal information to view and/or update personal details;
6.2.4 promptly notify you if it becomes aware of any unauthorised use, disclosure or processing of your personal information;
6.2.5 provide you with reasonable evidence of its compliance with its obligations under this policy on reasonable notice and request; and
6.2.6 upon your written request, promptly return or destroy any and all of your personal information in its possession or control, unless it requires such information for the purpose of protecting its commercial rights / is compelled by law to retain certain information.
6.3 EMS will not retain your personal information longer than the period for which it was originally needed, unless it is required by law to do so, or you consent to EMS retaining such information for a longer period.6.4 EMS undertakes never to sell or make your personal information available to any third party other than as provided for in this policy unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, EMS reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.6.5 Whilst EMS will do all things reasonably necessary to protect your rights of privacy, it cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to EMS’s control, unless such disclosure is as a result of EMS’s gross negligence.
6.6 If you disclose your personal information to a third party, such as an entity which operates a website linked to EMS’s Website / Mobile Application or anyone other than EMS, EMS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
6.7 No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect the information we hold for you, we cannot guarantee the security of any information you transmit to us and you do so at your own risk.
