This Privacy Policy explains how Nearby Electrician collects, uses, stores, shares and protects personal information in accordance with the Protection of Personal Information Act (POPIA) and other applicable South African privacy laws.
1. Introduction
In this document, references to "Nearby Electrician", "we", "us", or "the Group" are to Nearby Electrician.
Nearby Electrician recognises its accountability in terms of the Protection of Personal Information Act (hereinafter referred to as POPIA), other privacy protection legislation, together with its regulations to all its clients, suppliers, service providers and other third parties. Nearby Electrician needs to collect personal information from its clients, suppliers, service providers and other third parties to carry out its business.
To maintain a trust relationship with our Stakeholders, we are committed to complying with both the spirit and the letter of POPIA, other privacy protection legislation, and to always act with due skill, care, and diligence when dealing with personal information.
2. What is Personal Information?
Personal Information according to POPIA means information relating to an identifiable, living, natural person, and where it is 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 or the medical, financial, criminal, or employment history of the person;
- Any identifying number, symbol, e-mail address, telephone number, location information, online identifier, or other particular assignment to the person;
- The biometric information of the person;
- The personal opinions, views, or preferences of the person;
- Correspondence sent by the person 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.
3. Where and When Do We Collect Personal Information?
Information you provide to us:
Clients
- Information we receive directly from you and relating to the purpose of our services and/or products;
- Any identifying number, symbol, e-mail address, telephone number, address or any other particular assignment to you.
Suppliers / Business partners
- Financial information;
- Supplier and/or Service level agreements;
- Any identifying number, symbol, e-mail address, telephone number, address or any other particular assignment of the supplier.
4. When Will We Process Your Personal Information?
We will only process your personal information for lawful purposes relating to our business if the following circumstances apply:
- You have consented thereto;
- A person legally authorised by you, or a court, has consented thereto;
- It is necessary to conclude or perform under a contract we have with you;
- The law requires or permits it;
- It is required to protect or pursue your, our, or a third party's legitimate interest; and/or
- You are a child, and a competent person (such as a parent or guardian) has consented thereto on your behalf.
5. When Will We Process Your Special Personal Information?
Special personal information refers to the following categories of information:
- Religious and philosophical beliefs;
- Race;
- Ethnic origin;
- Trade union membership;
- Political beliefs;
- Health including physical or mental health, disability, and medical history;
- Biometric information;
- Criminal behaviour where it relates to the alleged commission of any offence or the proceedings relating to that offence.
We normally do not process special personal information but may do so in the following instances:
- You have consented to the processing (in circumstances where we are legally obliged to obtain your consent);
- It is necessary to exercise or defend a right or obligation in law;
- It is necessary to comply with an international legal obligation of public interest;
- It is for certain historical, research, or statistical purposes that would not adversely affect your privacy; or
- You have deliberately made your personal information public.
6. What Information Do We Collect, and How Do We Use Your Information?
Kindly note that the following list is not comprehensive. It sets out the main purposes and data elements collected by Nearby Electrician.
Clients
Purposes: Invoicing; debit orders; service and product delivery; contacting you; audit and record keeping; and law compliance.
Data elements: Banking details; title; name; surname; ID number; physical address; postal address; contact details; email addresses; and financial information.
Service Providers / Suppliers
Purposes: Purchase orders; contacting you; audit and record keeping; and law compliance.
Data elements: Name; bank details; contact numbers; physical and postal address; VAT number; and contact details.
7. How We Share Your Information
We may share your information with third-party service providers and/or business partners for the conclusion and/or performance of the agreement entered between parties.
Legal disclosures: We may need to share your information when we believe it is required by law, legal process or to help protect the rights and safety of you, us, or others. We attempt to notify members about legal demands for their data when appropriate in our judgment unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, at our discretion, that the requests are overbroad, vague, or lack proper authority, but we do not promise to challenge every demand.
8. Your Rights and Obligations
Data retention: We keep most of your personal information while we still have a purpose, we need to provide you with services or where we are legally obligated to do so.
We will also keep your information where you have agreed for us to do so, or have given your consent that we are allowed to do so.
We keep some of your information even after our business relationship has terminated, if it is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our other user agreements, or fulfil your request to object to our processing of your information.
You have rights in connection with your personal information. You have many choices about how your information is collected, used, and shared. In certain circumstances, by law, you have the right to:
- Request access to your information: You may ask us what information we have about you and request a copy of this information. This should be done on request to Nearby Electrician. There are exemptions which mean you may not always receive all the information we process. Where a fee is lawfully applicable, it will be communicated to you at the time of your query.
- Change or correct information: You have the right to ask us to rectify information you think is inaccurate and to complete information you think is incomplete.
- Delete information: You can ask us to delete or remove personal information under certain circumstances.
- Object to processing: You may object where we rely on legitimate interest or public interest, or where we process data for direct marketing. You may also withdraw consent for specific processing. Withdrawal does not invalidate processing that was lawful while your consent was in place.
- Request the restriction of processing: You can ask us to suspend the processing of personal data about you, for example, if you want us to establish its accuracy or the reason for processing it.
9. Changes to Our Privacy Notice
Changes to the privacy notice apply to your use of our services. We may modify this privacy notice from time to time, as required by changes in legislation. When material changes are made, we will provide notice through our services, or by other means, to provide you the opportunity to review the changes before they become effective.
You acknowledge that your continued use of our services after we publish our changes to this privacy notice means that the collection, use, and sharing of your personal information is subject to the updated privacy notice.
10. Other Important Information
Security: We have put in place appropriate security measures to prevent your data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your personal information on a business need-to-know basis, and subject to a duty of confidentiality.
Transborder information transfers: We do not intentionally share our clients', suppliers', service providers' and other third parties' information across borders as part of our ordinary business operations. Kindly note that we may make use of third-party servers and productivity software solutions such as Microsoft 365, Google Workspace and/or other third parties to store or process personal information. Some of these service providers or their servers may be located outside South Africa, in which case personal information may be stored or processed outside the borders of South Africa subject to applicable privacy safeguards.
11. Contact Information
Should you have a query regarding this Privacy Policy or the processing of your personal information, please contact Nearby Electrician:
Our Information Officer
Email: admin@nearbyelectrician.co.za
Phone: 044 630 0163
WhatsApp: 081 068 4211
The Information Regulator (South Africa)
Woodmead North Office Park
54 Maxwell Drive, Woodmead
Johannesburg
2191
Complaints email: PAIAcomplaints@inforegulator.org.za
General inquiries email: enquiries@inforegulator.org.za
