Sosimple Privacy Policy

This Privacy Policy is effective as of: 01 September 2018 (“Effective Date”).

READ THIS POLICY CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF THE SERVICES. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. YOU CANNOT USE THIS WEBSITE OR OUR SERVICES IF YOU DO NOT ACCEPT THIS POLICY.

 

1. General

1.1. We are committed to protecting your privacy. The privacy policy as set out herein applies to all the web pages related to our website (“Privacy Policy”).

 

1.2. This Privacy Policy is to be read as if specifically incorporated into our general terms and conditions, available at this web location. Access to and use of our Website (“the/our/this Website”) is subject to our Terms and Conditions and this Privacy Policy.

 

1.3. In the delivery of our services to you, Sosimple Energy (Pty) Ltd (hereinafter referred to as “Sosimple Energy”) works together with Sosimple Solar Asset Management (Pty) Ltd (“Sosimple Solar Asset Management”), with SolarMD (Pty) Ltd (“Solar MD”) and Jager Technologies (Pty) Ltd (“Jager Tech”). When we use the wording “Sosimple” in this Privacy Policy, we refer to these parties and commit all of them to the privacy protections laid out in this document.

 

1.4. By accessing our Website and using our online facilities you signify that you have read, understand and agree to be bound by this Privacy Policy (read with our Terms and Conditions), as may be updated by us from time to time. It is your responsibility to check our Website regularly to take notice of any changes we may have made to this Privacy Policy. If you do not agree to our Privacy Policy, please do not access or use our Website.

 

1.5. Validity and binding nature of this Privacy Policy

1.5.1. This Privacy Policy governs your relationship with Sosimple and constitutes a valid and binding agreement between you, the user, and Sosimple.

1.5.2. The Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) provides for valid and binding contracts to be concluded in electronic format and to be established over the internet. Section 11 and Section 22(1) of ECTA assures the validity of contracts concluded either wholly or partly by means of data message. Contracts concluded electronically are thus the functional equivalent of contracts concluded on paper.

 

1.6. Amended or updated terms

1.6.1. We reserve the right, and may in our sole discretion choose to, amend our Privacy Policy at any time and in any manner that it deems appropriate. This includes the right to change, modify, add or remove portions or the whole of our Privacy Policy from time to time, as we may deem appropriate.

1.6.2. Please refer back to this Privacy Policy on a regular basis to ensure that you remain aware of and agree with the provisions of our Privacy Policy as any amendments hereto shall become effective immediately upon posting thereof and shall automatically bind you without further notice. Your continued use of our Website following the posting of amendments to this Privacy Policy will signify that you accept those amendments and agree to be bound by them.

 

1.7. Legal age and capacity

1.7.1. We constantly review our systems and data to ensure the best possible service to our users. We do not accept any users, or representatives of users, under 18 (EIGHTEEN) years of age or who otherwise does not have the relevant capacity to be bound by this Privacy Policy.

1.7.2. No one may access our Website, use our facilities and/or accept this Privacy Policy if they lack the necessary legal capacity to enter into a valid and binding contract with Sosimple.

1.7.3. By accessing our Website and/or using our online facilities, you warrant that you have attained majority status (18 years of age or older), are emancipated or have your parents / legal guardian`s consent to be bound by this Privacy Policy. You further warrant that your legal capacity is not diminished due to mental incapacity.

 

1.8. If you have any questions or concerns about our Privacy Policy, kindly forward an electronic mail to us at hello@sosimpleenergy.co.za.

 

2. PRIVACY POLICY

2.1. Sosimple shall take all reasonable steps to protect the personal information of users on our Website. For the purposes of this section, “Personal Information” will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act“). Sosimple also subscribes to the principles for electronically collecting Personal Information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.

 

2.2. In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% (ONE HUNDRED PERCENT SECURE) secure. Accordingly, we cannot be held responsible for security breaches occurring in relation to the personal technology devices of users, such as, but not limited to, personal computers, tablets and mobile phones due to the lack of adequate virus protection software and/or spyware.

 

2.3. Users might be prompted to register an account with Sosimple. In so doing, users may be asked to provide the following information:

2.3.1. First name;

2.3.2. Surname;

2.3.3. Email;

2.3.4. Phone number;

2.3.5. Company / CC / business name;

2.3.6. Energy usage data; and

2.3.7. Business location.

 

2.4. All the information gathered from you by registering with us on our Website, shall be used to personally identify you as a user of our Website and our online facilities.

 

2.5. We will attempt to limit our use of your Personal Information and process activities to only that to which you consent to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, MMS and other mobile services).

 

2.6. Your information will not be used for any other purpose than that which is stated in this Privacy Policy, as well as our Terms and Conditions. None of your information so collected will be sold or made available to any third parties not stated herein without your prior written consent which shall be in line with the provisions related to the protection of Personal Information as set out in the Act.

 

2.7. Kindly take note that all payment information will be captured via our contracting process. Furthermore, Sosimple shall retain payment information on behalf of its users.

 

2.8. We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by applicable law.

 

2.9. By agreeing to the terms and conditions contained in this Privacy Policy, you consent to the use of your Personal Information in relation to:

2.9.1. The provision and performance of the services.

2.9.2. Informing you of changes made to our services.

2.9.3. The provision of marketing related services to you by Sosimple.

2.9.4. Responding to any queries or requests you may have.

2.9.5. Developing a more direct and substantial relationship with users for the purposes described in this clause.

2.9.6. Developing an online user profile.

2.9.7. Understanding general user trends and patterns so that we can develop and support existing and ongoing marketing strategies.

2.9.8. For security, administrative and legal purposes.

2.9.9. The creation and development of market data profiles which may provide insight into market norms, practices and trends to help us improve our offering to you. Such information will be compiled and retained in aggregated form but shall not be used in any way which may comprise the identity of a user.

 

2.10. Although absolute security cannot be guaranteed, Sosimple has in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process.

 

2.11. While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.

 

2.12. We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction.

 

2.13. Your information will not be stored for longer than is necessary for the purposes described in these Terms or as required by applicable legislation.

 

2.14. The Personal Information Sosimple collects from users shall only be accessed by Sosimple employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.

 

2.15. To secure the financing required for service delivery, Sosimple is allowed to share details of its customers, customer background and credit history with its financing partner. All data shared is only shared for the sole and exclusive purpose of securing financing.

 

2.16. Sosimple shall have the right, but shall not be obliged, to monitor or examine any information and materials that you publish or submit to Sosimple. You shall be solely responsible for the contents of all material published or submitted by yourself.

 

2.17. We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Sosimple will only be in connection with the provision of our services and/or the marketing thereof.

3. LOG FILES

3.1. When you visit Sosimple, even if you do not request any services, we may collect information, such as your IP (Internet Protocol) address through which you access the Internet, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our Website that you visit and in what sequence, the date and length of your access to our Website, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is used to help improve our Website, analyse trends, and to administer our Website.

 

3.2. This information is aggregated as anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within Sosimple on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.

4. COOKIES

4.1. This Website may use cookie and tracking technology depending on the features offered. A cookie is a small piece of information stored on your computer or smart phone by the web browser.

 

4.2. Cookie and tracking technology is useful for gathering information such as browser type and operating system, tracking the number of visitors to our Website, and understanding how visitors use the Website. Cookies can also help to customize the Website for visitors.

 

4.3. Personal information cannot be collected via cookies and other tracking technology; however, if you have previously provided or exposed personally identifiable information, cookies may be tied to such information.

 

4.4. The three types of cookies used on the Website are described below:

4.4.1. “Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Website to function optimally but are not used in any way to identify you personally.

4.4.2. “Double Click Cookies”: Third party vendors with whom we contract may use cookies to serve a user ad based on a user’s prior visits to the Website. Users may, however, opt out of receiving these ads by visiting www.aboutads.info.

4.4.3. “Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies’ directory of your browser installation. These permanent cookies are not required for the Sosimple website to work but may enhance your browsing experience.

5. LINKS FROM SOSIMPLE

5.1. Sosimple, and the services available through the Website, may contain links to other third-party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third-Party Websites“), which are not operated by Sosimple and over which we have no control.

 

5.2. Sosimple does not monitor or review the content of any Third-Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.

 

5.3. We therefore make no representations as to the content, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against us with respect to such sites and their operators.

 

5.4. Accordingly, you agree that we are not responsible or liable for any content, information, goods or services available on or through any such linked sites, or for any damage or loss caused by or in connection with your use of or reliance on any such content, information, goods or services on or through any such linked sites.

 

5.5. In addition to not having control over linked third party sites, we do not necessarily share an affiliation with any third party which is linked to this Website, nor does the presence of such a third-party link indicate our endorsement of the Third-Party Website, its products and/or its services. Therefore, reliance on any information contained in such third-party material is entirely at your own risk.

 

5.6. If you select a link to any Third-Party Website, you may be subject to such Third-Party Website’s terms and conditions and/or other policies, which are not under the control, nor responsibility, of Sosimple.

 

5.7. Hyperlinks to Third-Party Websites are provided “as is“, and Sosimple does not necessarily agree with, edit or sponsor the content on Third-Party Websites.

 

5.8. Users should evaluate the security and trustworthiness of any Third-Party Website before disclosing any Personal Information to them. Sosimple does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of Personal Information.

6. APPLICATION OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2022

6.1. “Data Messages” (as defined in the ECT Act) will be deemed to have been received by Sosimple if and when Sosimple responds to the Data Messages.

 

6.2. Data Messages sent by Sosimple to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.

 

6.3. Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between users and Sosimple.

 

6.4. Information to be provided in terms of section 43(1) of the ECT Act:

6.4.1. Users warrant that Data Messages sent to Sosimple from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.

6.4.2. This Website is owned and operated by Sosimple Energy (Pty) Ltd, (Registration Number: 2018/440304/07) a private company owned and operated in accordance with the laws of the Republic of South Africa.

6.4.3. Please contact us for an address for service of legal documents via hello@sosimpleenergy.co.za.

6.4.4. Contact Number: +27(0)71710068.

6.4.5. Sosimple – located at www.sosimpleenergy.co.za

6.4.6. Email address: hello@sosimpleenergy.co.za

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