1. INTRODUCTION

Engen takes data privacy very seriously. We respect the privacy of our stakeholders and we endeavor to abide with data privacy laws where applicable.

The purpose of this policy is to describe the way that Engen collects, stores, uses, and protects information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person.

2. WHO DOES THE PRIVACY POLICY APPLY TO

This policy applies to you if you are:

  • a visitor to any of Engen’s websites or have access to any of Engen’s intranet and extranet portals or any mobile, social media or website applications;

  • a potential job applicant, bursary applicant, or franchise applicant using the job application, bursary or franchise portals hosted on our website(s);

  • a customer who has ordered or requested any goods or services that we provide; or

  • a person using Engen’s Customer Service Centre (Engen’s call centre).

3. TERMINOLOGY

Data controller means the person who determines the purposes and manner in which personal information will be processed;

Data Subject means the person to whom Personal Information relates;

Permitted Activities means the activities that are referred to in paragraph 4 below;

Personal Information: Personal information includes:

  • certain information that we collect automatically when you visit our website;

  • certain information collected on registration (see below);

  • certain information collected on submission; and

  • optional information that you provide to us voluntarily (see below);

but excludes:

  • information that has been made anonymous so that it does not identify a specific person;

  • permanently de-identified information that does not relate or cannot be traced back to you specifically;

  • non-personal statistical information collected and compiled by us; and

  • information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).

Common examples of the types of personal information which we may collect and process include your:

  • identifying information – such as your name, date of birth, or identification number of any kind;

  • contact information – such as your phone number or email address;

  • address information – such as your physical or postal address; or

  • demographic information – such as your gender or marital status

Sensitive personal information: Depending on the goods or services that you require, or depending on whether you apply for a job, bursary or franchise using our online portal, we may also collect sensitive personal information including your:

  • financial information – such as your bank account details;

  • sensitive demographic information – such as your race or ethnicity;

  • medical information – such as information about your physical or mental health;

  • sex life information – such as information about your sex life or sexual orientation;

  • criminal information – such as information about your commission or alleged commission of any offence or about any related legal proceedings;

  • employment information – including your membership of a trade union; and

  • beliefs – including your political or religious beliefs.

4. ACCEPTANCE OF THIS PRIVACY POLICY

Acceptance required

You automatically accept the terms of this Privacy Policy when you do any of the following activities, which are Permitted Activities (“Permitted Activities”) -

  1. Use our websites, intranet or extranet;

  2. Any mobile, social media or website applications;

  3. Order our goods or request our services;

  4. Apply for a job, bursary or franchise using the related application portal hosted on our website(s); or

  5. Use Engen’s Customer Service Centre (i.e. Engen’s call centre).

You may not do any of the Permitted Activities, if you do not agree with anything in this policy.

Legal capacity

You may not do any of the Permitted Activities if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.

Deemed acceptance

You are deemed to have read, understood, accepted, and agreed to be bound by all of the terms of this policy if you continue with any of the Permitted Activities.

Your obligations

You may only send us your own personal information or the information of another data subject where you have their permission to do so.

5. CHANGES TO THIS PRIVACY POLICY

We may change the terms of this policy at any time. We will notify you of any changes by placing a notice in a prominent place on the website or by email.

If you do not agree with the changes, then you must stop doing any of the Permitted Activities. If you continue to do any of the Permitted Activities, the changed terms will apply to you and you will be deemed to have accepted those updated terms.

6. HOW IS PERSONAL INFORMATION COLLECTED

On registration

You will no longer be anonymous to us if you register with us while doing any Permitted Activity or when you voluntarily provide us with this information. You may be required to provide us with certain personal information or sensitive personal information including:

  • your name and surname;

  • your email address;

  • your telephone number;

  • your company name, company registration number, and VAT number;

  • your postal address or street address;

  • your username and password; and

  • account number.

We will use this personal information to fulfil your account, process a job, bursary or franchise application or provide additional services and information to you as we reasonably think appropriate or as requested by yourself, and for any other purposes set out in this policy.

On order or request

When you order our goods or request our services from us, you will be asked to provide us with additional information on a voluntary basis (“Goods or Services Information”).

From a browser

We automatically receive and record internet usage information on our server logs from your browser, such as your Internet Protocol address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (“Usage Information”). Please note that other websites visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information.

Cookies

We may place small text files called ‘cookies’ on your device when you visit our website. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve a number of useful purposes for you, including:

  • granting you access to age restricted content;

  • tailoring our website’s functionality to you personally by letting us remember your preferences;

  • improving how our website performs;

  • allowing third parties to provide services to our website; and

  • helping us deliver targeted advertising where appropriate in compliance with the applicable laws.

Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Many websites use cookies and you can find out more about them at www.allaboutcookies.org.

Third party cookies

Some of our business partners use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any of those cookies or widgets may be governed by the privacy policy of the company that created it, and not by us.

Web Storage

In some instances, some web applications can also store information on the web browser that the person is using. They perform a very similar function to cookies with the exception that no files are created with web storage.

We do not use web storage to collect any personal information.

Some of our partners may use web storage. Information collected by our business partners may be governed by the privacy policy of the company that created it, and not by us.

Web beacons

Our website may contain electronic image requests (called a single-pixel gif or web beacon requests) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.

Optional details

You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.

Recording calls

Our Customer Service Centre records all outgoing and incoming telephone calls.

We may monitor and record any other telephone calls that you make to us or that we make to you, unless you specifically request us not to.

Purpose for collection

We may use or process any goods or services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various reasons, including:

  • goods or services purposes – such as collecting orders or requests for and providing our goods or services;

  • marketing purposes – such as pursuing lawful related marketing activities;

  • business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and

  • legal purposes – such as handling claims, complying with regulations, or pursuing good governance.

We may use your Usage Information for the purposes described above and to:

  • remember your information so that you will not have to re-enter it during your visit or the next time you access the website;

  • monitor website usage metrics such as total number of visitors and pages accessed; and

  • track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.

Consent to collection

We will obtain your consent to collect personal information in accordance with applicable law.

6. USE OF PERSONAL INFORMATION

Our obligations

We may use your personal information to fulfil our obligations to you.

Messages and updates

We may send administrative messages and email updates to you about the website or our intranet, extranet portals or any of our mobile, social media or website applications. In some cases, we may also send you primarily promotional messages. You can choose to opt-out of promotional messages.

Targeted content

While you are doing any Permitted Activities, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process the personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal information.

7. DISCLOSURE OF PERSONAL INFORMATION

Sharing

We may share your personal information with:

  • our goods or services providers under contract who help provide certain goods or services or help with parts of our business operations, including delivery of product, processing of job applications including background checks, fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods or services providers only use your information in connection with the goods or services they supply or services they perform for us and not for their own benefit);

  • credit bureaus to report account information, as permitted by law; and

  • other third parties who provide us with relevant services where appropriate.

Regulators

We may disclose your personal information as required by law or governmental audit.

Law enforcement

We may disclose personal information if required:

  • by a subpoena or court order;

  • to comply with any law;

  • to protect the safety of any individual or the general public; and

  • to prevent violation of our customer relationship terms.

No selling

We will not sell personal information. No personal information will be disclosed to anyone except as provided in this privacy policy.

Marketing purposes

We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.

Employees We may need to disclose personal information to our employees that require the personal information to do their jobs. These employees include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.

Change of ownership If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.

8. SECURITY We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only to those employees who require it to fulfil their job responsibilities. We implement disaster recovery procedures where appropriate.

9. ACCURATE AND UP TO DATE

We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

Throughout your interaction with us, you retain the right to rectify personal information of yours that is incorrect or inaccurate. This does not apply if we process your personal information in our capacity as an operator or processor on behalf of someone else (i.e. the data controller, who determines the purposes and means of our data processing).

10. RETENTION OF PERSONAL INFORMATION

We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:

  • retention of the record is required or authorised by law; or

  • you have consented to the retention of the record.

During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.

We may retain your personal information in physical or electronic records at our discretion.

11. TRANSFER TO ANOTHER COUNTRY

We may transmit or transfer personal information outside of the country in which it was collected to a foreign country and process it in that country. Personal information may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.

12. UPDATING OR REMOVING

You may choose to correct or update the personal information you have submitted to us, by contacting us by phone or email.

13. RESTRICTION OF PROCESSING

You may request that we restrict the use of your personal information. When we restrict your personal information, we still have the right to store it but not use it. You can ask that we do this verbally or in writing. We will respond to the request within 30 days.

14. DATA PORTABILITY

We will facilitate the transfer of your personal information if you ask us to transfer your data to another data controller. We will, to the extent possible, pass on all of your personal information that you have given us to the new data controller in a commonly used format.

15. DATA BREACHES

We will notify you of any confirmed data breaches that have occurred to the extent required by law. We will notify the relevant supervisory authority and any affected data subjects of the data breach.

16. LIMITATION OF OUR RESPONSIBILITY

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.

17. ENQUIRIES

If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us. Our contact details are available at the following address http://www.engen.co.za/contact-us.