Privacy Policy - The Electric Market

This Privacy Policy describes The Electric Market’s procedures on the collection, use and disclosure of your information when you use the Website.

We use your Personal Data to provide and improve the Service we provide to you. By accessing and using the Website, You agree to the collection and use of information in accordance with this Privacy Policy.

This Privacy Policy applies to all users of the Website, regardless of whether they are registered or unregistered users.

By accessing the Website and/or by clicking on the “Register” button on the Website, as may be applicable, you acknowledge that you have read and agree to this Privacy Policy. If you do not agree to the terms of this Privacy Policy please discontinue use of the The Electric Market. Notwithstanding, nothing in this policy is intended to limit the rights accorded to you under The Data Protection Act No. 5 of 2022.

Definitions

For the purposes of this Privacy Policy the following terms have the indicated definitions:

“Service” (or “Website”) refers to The Electric Market website which is accessible at https://electricmarket.africa, as well as its related functions.
“You” (alternatively, “the user” or “users”) refers to a natural person making use of the Service, or to the juristic person, or other legal entity on behalf of which such a natural person is accessing or using the Service, as applicable.
“Account” means a unique digital record that a user may choose to create to access enhanced features, services or benefits of the Website.
“Company” (alternatively “we”, “us” or “our”) refers to The Electric Market (Proprietary) Limited, a private company registered in Eswatini with registration number R7/68045.
“Cookies” are digital files that are placed on a web-enabled device when visiting a website. Among other things, cookies can record details of a user’s browsing history on a website.
“Device” means any device that can access The Electric Market website. This includes computers, tablets, smart-phones and other web-enabled devices.
“Personal Data” (or “Personal Information”) is any information that relates uniquely to an identified or identifiable individual. This includes names and government-issued identification documents (“Identification”).
“Usage Data” is anonymised information which is generated and collected automatically by the use of the Service by users. An example of such data could be the duration of a page visit.
“Service Provider” means any natural or juristic person employed, contracted or otherwise nominated to process Personal and/or Usage Data on behalf of the Company or to otherwise provide digital or physical services to the Company.

Personal Data

We use your Personal Data in a manner that is reasonable, adequate, relevant, non-excessive and purpose-specific. In order for users to access and use the Website, we collect and process some Personal Data. If you elect to become a registered user, we have to collect and process additional Personal Data to render the Service to you.

We use the Personal Data we collect and receive, as applicable, to:

identify you and verify your identity
create an Account for you
enter into a contract and fulfil our contractual obligations to you when you have ordered Goods.
provide you with information, products or services you request from us.
communicate with you regarding the Service and provide you with information, products or services, including billing, customer support, resolving complaints and quality control.
notify you about changes to the Website, services and products, Terms and Conditions, Privacy Policy or notices, and any other changes that impact the Website, services and products.
send you information about promotions, products or services that may interest you (unless you have opted out of receiving such information). Please note that you may also receive newsletters based on your interests, recent orders and browsing behaviour. You may freely unsubscribe and opt out from receiving promotional or advertising material from us at any time using the “Unsubscribe” link in the relevant correspondence.
get feedback from you which helps us to optimise our products and services and grow our business.
comply with any legal or regulatory obligations such as tax, financial, commercial or criminal laws or regulations.

We will not use your Personal Information for any other purpose without your permission.

When you use the Website or register for an Account, we may collect some or all of the following Personal Information:

Location, IP address and browser type: we’ll use this for optimising the Service for you (for example, by blocking spam) and for security purposes.
Full name(s): we’ll use these to identify you and verify your identity,
Identification: we’ll use your Identification document number to verify that the correct person is collecting your order after we deliver it.
Date of birth: we’ll use your date of birth to check whether you are a minor
Mobile phone number: we’ll use your cellphone number to inform you of the progress of delivery and when your order is ready to be collected. Depending on the payment method you choose, your phone number may also be required to complete payment for your purchase.
Payment details: we’ll use this information to process and confirm your payment before we dispatch your order. Depending on which payment method you choose, this could include your debit/credit card number, mobile phone number or a valid proof of payment document from your bank among others.
Email address: we’ll use your email address as the primary channel of communication with you for all aspects of the Service.
Shipping address: we’ll ask you to enter this so we can, for example, estimate and inform you of the cost of shipping your order before you place it.
Account credentials: If you choose to open an Account with us, we will ask for a username and password that will be used to ensure that only you can access that Account.

Generally we only need to collect Personal Data during the checkout process, to confirm your order.

If you choose to create an Account, we will store your Personal Data, which will be used to automatically fill in some parts of the checkout form when you order again. Should your Personal Information change or you wish to amend and/or correct this Personal Information you can do so by updating your Account on the Website.

By submitting and order, or registering for an Account, you warrant that the information you have provided is accurate, current, true and correct and that it does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with any natural or juristic person or any other entity.

Reviews

Only registered users are allowed to leave product reviews. When users leave reviews on the site we collect the review, and also the user’s IP address and their browser’s user agent string to help with spam detection.

If you leave a review, an anonymised string created from your email address (also called a hash) may be provided to a Service Provider. After approval of your comment, some information associated with your Account (for example, your screen name) may be visible to the public in the context of your comment.

Embedded content from other websites

Features on the Website may include embedded content such as videos, images, articles and others. Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

We have no control over such third parties and therefore cannot control how they handle any Personal Data you may disclose via such embeds.

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.

Notwithstanding the above-mentioned security measures, should you disclose your Personal Information to any third party other than The Electric Market, we 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 understand the privacy policy of any third party before disclosing Personal Information to them.

How long we retain your Personal Data

We keep your Personal Information for as long as:

we need it to provide access to the Website, its products and/or services 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.

If you leave a review, the review and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up review automatically instead of holding them in a moderation queue.

By accessing and using the Website, you consent to us retaining your Personal Data for no longer than may be necessary to achieve the purpose for which it was initially collected or subsequently processed.

If you are a minor

If you are below the age of 18 years, you must always get permission from your parent or guardian before you use the Website or disclose any Personal Data.

We may check that your parent or guardian has given you such permission, for example by asking you to provide us with their contact details so we can contact them.

We may also check that the contact details you have given us are correct and are the details of a person who is actually your parent or guardian. If we are not able to verify such permission or if a parent or guardian confirms that you do not have their permission, you may not use the Website.

Further, the Company may not sell certain products to you if you are under the age of 18, regardless of any supervision by a parent or guardian. You may be requested to provide proof of your age before receiving any such product or products ordered via the Website.

Usage Data

Some amount of Usage Data is generated automatically when you use any website. When you access our Website, whether or not you are a registered user, we collect and process Usage Data generated by your visit. Usage Data from individual users is combined and analysed statistically to produce useful insights which help us improve every user’s experience of the Website.

Depending on how you access and use our Website, we may receive:

log information, through online identifiers, including information on how, when and for how long you use the Website and related services, the content you view and search queries you submit.
information about the Device you use to access or use the Website, including its type, method of access, browser or operating system and Internet Protocol (IP) address.
the geographic location from which you accessed the Website, including your Device’s global positioning system signal and information about nearby wifi networks and cell towers. We get this information if you give your consent to use location-enabled services.

We use Usage Date to conduct statistical research. The results and statistics we get from this process do not include your Personal Information and cannot be linked to you, nor can you be identified from these statistics.

Cookies

Cookies are small text files placed on the Device that you use to access the Website. These files do not contain any Personal Data but allow us to associate you with a particular Device. Many websites use cookies.

When you create an Account on the Website you opt-in to saving your name, email address and other details in cookies. These are for your convenience so that you do not have to fill in your details again when you submit another order or review. These cookies will last for one year.

If you visit the login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in to your Account, we will also set up several cookies to save your login information and your display preferences. Login cookies last for two days, and display options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

We’ll also use cookies to keep track of the contents of your shopping basket (also sometimes called a cart) while you’re browsing our site.

By accessing and using the Website, you consent to our use of cookies.

Access

What we share with others

We only share the minimum amount of data with the minimum number of Service Providers necessary to render the Service to you in as efficient and effective a manner as possible. We share information with Service Providers in order to, among others:

secure the Website against spam, fraud and unauthorised access
deliver your order(s) and verify your identity or that of whomever you nominate to collect your order
securely process and confirm your payment. This requires us to disclose relevant information about your order and payment to one of our payment gateway Service Providers or to another financial institution.
analyse Usage Data to guide improvements to the Website
render general services to you associated with the Website

We will never sell your Personal Data to any third parties for marketing or any other purposes.

As required by national legislation, regulatory compliance requirements and/or reasonable ethical standards, we may disclose some or all of your Personal Data in our possession to one or more of the following:

law enforcement officers,
government and/or regulatory officials,
fraud detection agencies or other third parties

We may make such disclosure of Personal Information as is necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose us to legal liability or financial loss, in order to report or support such investigation into suspected illegal activity.

Sending data outside Eswatini

We may transfer certain of your Personal Information outside the geographic borders of Eswatini to Service Providers for the purposes set out above (What We Collect and Why), including for data storage and back-up purposes to ensure the integrity of our information systems.

When we transfer your Personal Information outside of the geographic borders of Eswatini, we will ensure that we do so in accordance with the requirements for lawful transfer outside of Eswatini as set out in the relevant legislation.

By accessing and using our Platforms, you consent to us transferring your Personal Information outside of Eswatini as necessary.

Internal access

Certain members of our team need access to your Personal Data to render Service to you.

Members of the fulfilment team have access to information required to route your order to the delivery location and communicate with you about it as applicable.

Members at the Management level and above have access to details about your order, such as your name, whether payment is confirmed, the delivery location and your contact information. They use this information to guide the order fulfilment process, the refund process, and/or provide you with direct support as applicable.

Data Rights

If you have an Account on the Website, you can request to receive an exported file of the Personal Data we hold about you, including any data you have provided to us. You can also request that we erase any Personal Data we hold about you. This does not include any data that we are obliged to keep for administrative, legal, or security purposes.

Having provided adequate proof of your identity, you have the right to:

view, correct and/or amend your Personal Information we possess. Please note that as a registered user, you should do this through your Account on the Website
request a record or description of your Personal Information. The Electric Market 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, we may charge an additional administrative fee or refuse the request.
request that your Personal Information be corrected, destroyed or deleted. Please note that you can stop being a registered user by cancelling your Account. In this instance The Electric Market will only retain your Personal Information subject to any legislative requirement and/or our internal retention policy.
expect compliance with your requests upon receipt unless we have credible reason why we cannot comply.
expect indication from us 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.
being informed, if reasonably practicable, should we change your Personal Information and this has an impact on decisions about you.
being notified of the action taken by us because of your request.
being notified of unauthorised access to your Personal Information.
submit a complaint to the Regulator.

You have the right to request us not to contact you for purposes of direct marketing by any form of electronic communication such as automatic calling machines, email and/or SMS notifications by “opting-out” of any direct marketing communications we may send to you.

This version of the Privacy Policy replaces any preceding privacy policy provisions on our website. We may occasionally update this Privacy Policy. When you use the Website the version of the Privacy Policy posted on this page applies to you.