Welcome to the Element4 (Pty) Ltd. Privacy Policy.
This Privacy Policy applies to all users of our Website. Our website is used to access and purchase our products. The purpose of this Privacy Policy is to explain how, why, and when Element4 (Pty) Ltd. (“Element4”) uses your Personal Information in compliance with the Protection of Personal Information Act 4 of 2013 (“POPI”).
It is important to read this Privacy Policy along with our other terms and conditions, privacy notices, or policies that we may provide when collecting or using your Personal Information.
Please pay special attention to the clauses in this Privacy Policy that appear in bold, as they:
- may limit risk or liability.
- create risk or liability for the user.
- compel the user to indemnify Element4 or a third party.
- serve as an acknowledgement of a fact.
We value your privacy and take the protection of Personal Information seriously. To provide you with excellent service, we need to use some of your Personal Information. This Privacy Policy describes how we handle the Personal Information we collect about you and/or receive from you. By using our website, you agree to the processing of your Personal Information as outlined in this Privacy Policy.
It is important to read this Privacy Policy along with our other terms and conditions, privacy notices, or policies that we may provide when collecting or using your Personal Information.
Please pay special attention to the clauses in this Privacy Policy that appear in bold, as they:
- may limit risk or liability.
- create risk or liability for the user.
- compel the user to indemnify Element4 or a third party.
- serve as an acknowledgement of a fact.
We value your privacy and take the protection of Personal Information seriously. To provide you with excellent service, we need to use some of your Personal Information. This Privacy Policy describes how we handle the Personal Information we collect about you and/or receive from you. By using our website, you agree to the processing of your Personal Information as outlined in this Privacy Policy.
In this Privacy Policy, the terms
- “Personal Information” and “process/processing” have the same meanings as defined in POPI.
- “We,” “us,” or “our” refers to Element4.
- “You” and “your” refers to any person who accesses or uses our website, also known as a user.
”Guest purchase users” are individuals who make purchases on our website without creating a customer account. They provide their email address, phone number, and other personal information to order goods and services.
- “We,” “us,” or “our” refers to Element4.
- “You” and “your” refers to any person who accesses or uses our website, also known as a user.
”Guest purchase users” are individuals who make purchases on our website without creating a customer account. They provide their email address, phone number, and other personal information to order goods and services.
IF YOU ARE BELOW THE AGE OF 18
If you are below the age of 18, you must obtain permission from your parent or guardian before using our website or providing us with your Personal Information. We may verify this permission by requesting your parent’s or guardian’s contact details. It is important that the contact details you provide are correct and belong to your actual parent or guardian. If we are unable to verify permission or if a parent or guardian confirms that you do not have their permission, you may not use our website.
What personal information we collect and process
We process Personal Information in a reasonable, adequate, relevant, non-excessive, and purpose-specific manner. To access and use our website, we collect and process certain Personal Information. When you become a guest purchase user, we collect and process your Personal Information to provide our services to you.
When purchasing on our website, we may collect the following Personal Information:
- name,
- surname,
- email address,
- physical address,
- phone number,
By providing information, you warrant that it is accurate, current, true, and correct, and that it does not impersonate or misrepresent any person or entity, or falsely state or misrepresent your affiliation with anyone or anything.
When purchasing on our website, we may collect the following Personal Information:
- name,
- surname,
- email address,
- physical address,
- phone number,
By providing information, you warrant that it is accurate, current, true, and correct, and that it does not impersonate or misrepresent any person or entity, or falsely state or misrepresent your affiliation with anyone or anything.
Information from using our website
When you access our website, whether as a guest purchase user or not, we process some of your Personal Information. Depending on how you access and use our website, we may receive:
- details on how, when, and for how long you use our website and other services, the content you view, and the search queries you submit.
- information about the equipment you use to access our website, such as the type of device, browser or operating system, and Internet Protocol address.
- geographic location information, including your device’s global positioning system signal and details about nearby wifi networks and cell towers.
- information about you from third parties, such as social media.
- details on how, when, and for how long you use our website and other services, the content you view, and the search queries you submit.
- information about the equipment you use to access our website, such as the type of device, browser or operating system, and Internet Protocol address.
- geographic location information, including your device’s global positioning system signal and details about nearby wifi networks and cell towers.
- information about you from third parties, such as social media.
Why do we process your personal information?
We process your Personal Information in order to:
- fulfill our contractual obligations to you when you have ordered goods in order for us to deliver those goods and process returns.
provide you with information, products you request from us.
- communicate with you regarding our website and provide you with information, products or services, including billing, customer support, resolving complaints and quality control.
- notify you about changes to our website and products, terms and conditions, privacy policy or notices, and any other changes that impact our website and products.
- get feedback from you which we need to develop our products and services and grow our business.
-comply with any legal or regulatory obligations such as tax or financial laws.
- fulfill our contractual obligations to you when you have ordered goods in order for us to deliver those goods and process returns.
provide you with information, products you request from us.
- communicate with you regarding our website and provide you with information, products or services, including billing, customer support, resolving complaints and quality control.
- notify you about changes to our website and products, terms and conditions, privacy policy or notices, and any other changes that impact our website and products.
- get feedback from you which we need to develop our products and services and grow our business.
-comply with any legal or regulatory obligations such as tax or financial laws.
Retention and restriction of records
We keep your Personal Information for as long as:
- we need it to provide our website or products to you.
- it is required or allowed by law and is in line with our internal retention policies.
- it is necessary to uphold the contract between you and us.
- you have agreed to us keeping your Personal Information subject to your request for us to stop processing your Personal Information.
We will retain your Personal Information for as long as is necessary to achieve the purpose for which this information was collected or subsequently processed. If your Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period once that period expires.
By accessing and using the website, you consent to us retaining records of your Personal Information for no longer than may be necessary to achieve the purpose for which the information was initially collected or subsequently processed.
- we need it to provide our website or products to you.
- it is required or allowed by law and is in line with our internal retention policies.
- it is necessary to uphold the contract between you and us.
- you have agreed to us keeping your Personal Information subject to your request for us to stop processing your Personal Information.
We will retain your Personal Information for as long as is necessary to achieve the purpose for which this information was collected or subsequently processed. If your Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period once that period expires.
By accessing and using the website, you consent to us retaining records of your Personal Information for no longer than may be necessary to achieve the purpose for which the information was initially collected or subsequently processed.
User tracking and cookies
When you access and use our website we may use various technological tools to improve your experience on our websites through the use of cookies and/or user tracking.
Cookies are small text files placed on the device that you use to access our website. These files do not contain your Personal Information but allow us to associate you with a particular device. Many websites use cookies and we use cookies to:
- make our website more user friendly.
- personalise your interactions with our website, tailor our services and website to your interests and needs, and ensure they work on your device.
- provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our website and other websites, based on your online activities such as the websites and apps you use or content you view, and information we have about you.
We will not use your Personal Information for any other purpose without your permission.
By accessing and using the website, you consent to our use of cookies.
Cookies are small text files placed on the device that you use to access our website. These files do not contain your Personal Information but allow us to associate you with a particular device. Many websites use cookies and we use cookies to:
- make our website more user friendly.
- personalise your interactions with our website, tailor our services and website to your interests and needs, and ensure they work on your device.
- provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our website and other websites, based on your online activities such as the websites and apps you use or content you view, and information we have about you.
We will not use your Personal Information for any other purpose without your permission.
By accessing and using the website, you consent to our use of cookies.
Who else gets to process your personal information
We do not sell your Personal Information to third parties for their marketing or any other purposes.
We may provide or make your Personal Information available to:
- our employees, the staff of the companies in the Element4 and/or third party service providers in order to enable them to assist us to interact with you via our website for the marketing, ordering or delivery of goods.
- law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity.
- third parties (such as a potential purchaser and its professional advisors) in the event of any reorganisation, merger, consolation, sale, joint venture, or other disposition of any or all of our assets.
- our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, public relations, technology services etc).
However, our contracts dictate that these service providers may only use your Personal Information in connection with the services they perform for us and not for their own benefit or any other purpose, and must treat such information as confidential information.
We may provide or make your Personal Information available to:
- our employees, the staff of the companies in the Element4 and/or third party service providers in order to enable them to assist us to interact with you via our website for the marketing, ordering or delivery of goods.
- law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity.
- third parties (such as a potential purchaser and its professional advisors) in the event of any reorganisation, merger, consolation, sale, joint venture, or other disposition of any or all of our assets.
- our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, public relations, technology services etc).
However, our contracts dictate that these service providers may only use your Personal Information in connection with the services they perform for us and not for their own benefit or any other purpose, and must treat such information as confidential information.
Securing your personal information
We secure the integrity and confidentiality of your Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of Personal Information; and unlawful access to or processing of Personal Information.
In order to implement and maintain such measures, we have in place policies, controls and related processes, which are reviewed and updated on a regular basis. Our policies, controls and procedures cover for example:
- physical, technical and network security.
- access controls and monitoring of access.
- secure storage, destruction and encryption of records of Personal Information.
- Personal Information breach reporting and remediation.
- by way of written agreements, imposition of security and confidentiality obligations on third parties who process Personal Information as part of rendering services to us.
Should you disclose your Personal Information to any third party other than Element4, Element4 shall not be liable for any loss or damage arising or suffered by you as a result of the disclosure of such Personal Information to any 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.
In order to implement and maintain such measures, we have in place policies, controls and related processes, which are reviewed and updated on a regular basis. Our policies, controls and procedures cover for example:
- physical, technical and network security.
- access controls and monitoring of access.
- secure storage, destruction and encryption of records of Personal Information.
- Personal Information breach reporting and remediation.
- by way of written agreements, imposition of security and confidentiality obligations on third parties who process Personal Information as part of rendering services to us.
Should you disclose your Personal Information to any third party other than Element4, Element4 shall not be liable for any loss or damage arising or suffered by you as a result of the disclosure of such Personal Information to any 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.
Know your rights
Having provided adequate proof of your identity, you have the right to:
- view, correct and/or amend your Personal Information we process.
- request a record or description of your Personal Information. Element4 may charge a fee in order to provide you with this record of your Personal Information. Where requests to access and amend your Personal Information are manifestly unfounded, excessive or repetitive Element4 may charge an additional administrative fee or refuse the request.
- request to have your Personal Information corrected, destroyed or deleted.
- us complying with your requests upon receipt unless we have credible reason why we cannot comply.
- us indicating where, if we cannot agree whether to correct or delete your Personal Information as requested, that a correction or deletion was requested but was not made.
- inform you if reasonably practicable, should we change your Personal Information and this has an impact on decisions about you.
- notify you of the action taken by us because of your request.
- notify you of unauthorised access to your Personal Information.
- provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request.
- Submit a complaint to the Information Regulator.
As a guest purchase user, you can exercise all your rights set out above in terms of POPIA.
- view, correct and/or amend your Personal Information we process.
- request a record or description of your Personal Information. Element4 may charge a fee in order to provide you with this record of your Personal Information. Where requests to access and amend your Personal Information are manifestly unfounded, excessive or repetitive Element4 may charge an additional administrative fee or refuse the request.
- request to have your Personal Information corrected, destroyed or deleted.
- us complying with your requests upon receipt unless we have credible reason why we cannot comply.
- us indicating where, if we cannot agree whether to correct or delete your Personal Information as requested, that a correction or deletion was requested but was not made.
- inform you if reasonably practicable, should we change your Personal Information and this has an impact on decisions about you.
- notify you of the action taken by us because of your request.
- notify you of unauthorised access to your Personal Information.
- provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request.
- Submit a complaint to the Information Regulator.
As a guest purchase user, you can exercise all your rights set out above in terms of POPIA.
How to lodge a complaint with the information regulator
If you have any complaints about this Privacy Policy or our compliance with this Privacy Policy you can lodge a complaint with the Information Regulator.
The contact details of the Information Regulator are available on its website at: https://justice.gov.za/inforeg/
We hope this Privacy Policy provides you with a clear understanding of how we handle your Personal Information. If you have any further questions or concerns, please don’t hesitate to reach out to us.
The contact details of the Information Regulator are available on its website at: https://justice.gov.za/inforeg/
We hope this Privacy Policy provides you with a clear understanding of how we handle your Personal Information. If you have any further questions or concerns, please don’t hesitate to reach out to us.