Terms & Conditions

1. OUR COMMITMENT TO PRIVACY

1.1 Enerchy Proprietary Limited ("Enerchy") is committed to maintaining your trust, values your privacy and recognizes the sensitivity of your Personal Information, in accordance with the Protection of Personal Information Act No 4 of 2013. We work toward protecting the privacy of all users of our website and the Enerchy application (the "Enerchy App"). We have carefully crafted this Privacy Policy to address concerns you might have, and to assure you that if you give us Personal Information, we will treat it carefully and appropriately. This Privacy Policy explains how Enerchy collects, uses, stores and shares Personal Information when you use the Enerchy public website and the Enerchy App. It applies to website visitors, enquiries, newsletter subscriptions, waitlist or early-access registrations, website purchases, and registered users of the Enerchy App.

1.2 This Privacy Policy describes how we will treat your Personal Information whether provided by you to us, or collected by us through other means in your ordinary use of our products and/or services, which includes access to our website available at enerchy.energy (“the Website").

1.3 References in this Privacy Policy to the "Enerchy App" are to the Enerchy mobile and web application through which registered users access products and services, as further described in the Enerchy Platform Terms and Conditions and the product schedule for each product or service you activate. References in this Privacy Policy to the "Website" include the Enerchy App, unless the context indicates otherwise. "Device" means any hardware or software asset linked to the Enerchy App, such as an inverter, battery, datalogger, electric vehicle charger, smart switch or geyser controller, and "Plant" means one or more Devices at a site registered on the Enerchy App as a single system.

2. BASIC CONFIDENTIALITY POLICY

2.1 Where Personal Information is required to use or interact with the website, we treat such information, such as your name, any identification numbers, credit card details, postal or email address, or telephone number, as private and confidential. The Personal Information you provide to Enerchy is stored in a secure location, accessible only by appropriate staff, and is used for the purposes set forth in this policy, such as to respond to enquiries, process or verify payment or provide support.

3. PERSONAL INFORMATION COLLECTED

3.1 Enerchy may collect, acquire, receive, record, organise, collate, store, update, change, retrieve, read, process, analyse, use and share your Personal Information in the manner as set out in this Privacy Policy. When we perform one or more of these actions, we are "Processing" your Personal Information.

3.2 "Personal Information" refers to private information about an identifiable natural or juristic person. Personal Information does not include information that does not identify a person (including in instances where that information has been anonymised). The Personal Information that we collect about you may differ on the basis of the products and services that you receive from Enerchy.

We may process various types of Personal Information as listed below:

3.3 Contact information, including:

3.3.1 your full name;

3.3.2 email address;

3.3.3 telephone number;  and

3.3.4 any information you choose to include in the free text field of our contact form.

3.4 Waitlist and newsletter information, including:

3.4.1 your email address;  and

3.4.2 information relating to your subscription or communication preferences.

3.5 Subscription and transaction information, including:

3.5.1 your name and contact details;

3.5.2 your Enerchy subscription;

3.5.3 transaction status;

3.5.4 payment references;

3.5.5 billing-related information;  and

3.5.6 other information required to administer your subscription.

3.6 Technical website information may include:

3.6.1 IP address;

3.6.2 browser and device information;

3.6.3 pages visited;

3.6.4 referring information;

3.6.5 approximate location derived from network information;

3.6.6 date and time of visits;  and

3.6.7 website performance and usage information.

3.7 Plant, device and energy usage information, where you register to use the Enerchy App, including:

3.7.1 identification, configuration and data of your Plant and Devices;

3.7.2 Device settings and telemetry;

3.7.3 the products, services and settings you activate, and records of your consent to each of them and to any related Device control;

3.7.4 energy generation, consumption, storage and export data relating to your Plant;

3.7.5 where a product or service you activate requires it, electricity billing and metering information received from your electricity provider;

3.7.6 contact and account information of the fleet manager and other users associated with your Plant, and of your installer, operations and maintenance provider or energy management system provider, where applicable to the operation of your Plant; and

3.7.7 records of control instructions sent to your Devices.

3.8 Please avoid submitting sensitive or unnecessary Personal Information through our contact form. If you voluntarily include information in an open-text field, we may process that information as part of responding to your enquiry.

3.9 Enerchy may also process, collect, store and/or use aggregated data, which may include historical or statistical data ("Aggregated Data") for any purpose. Aggregated Data may be derived from your Personal Information but is not considered Personal Information, as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Information in a manner that has the result that it can directly or indirectly identify you, we will treat the combined data as Personal Information, which will be managed in accordance with this Privacy Policy.

4. HOW WE COLLECT YOUR PERSONAL INFORMATION

4.1 We collect your Personal Information in the following ways, namely:

4.1.1 through direct or active interactions with you;

4.1.2 through automated or passive interactions with you;

4.1.3 from third parties, including third party service providers; and

4.1.4 through automated or passive interactions with your Devices via the Enerchy App.

4.2 Direct or active collection from you

4.2.1 We may require that you submit certain information to enable you to access portion of the Website, to make use of our services, to purchase our goods or services, to facilitate the conclusion of an agreement with us, or that is necessary for our fulfilment of our statutory or regulatory obligations. We also collect Personal Information directly from you when you communicate directly with us, for example via e-mail, telephone calls, feedback forms, site comments or forums.

4.2.2 If you contact us, we reserve the right to retain a record of that correspondence, which may include Personal Information.

4.2.3 The Personal Information that we actively collect from you may include any of the Personal Information listed in clause 3 of this Privacy Policy.

4.3 Passive collection from your Access Device

4.3.1 We may passively collect certain of your Personal Information from the Access Device that you use to access and navigate the Website (each an "Access Device"), by way of various technological applications, for instance, using server logs to collect and maintain log information.

4.3.2 We also use cookies and anonymous identifiers which enable our computer system to recognise you when you next visit the Website to distinguish you from other users and to improve our service to you, and which can be used to enhance the content of the Website and make it more user-friendly, as well as to give you a more personalised experience.

4.3.3 A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit the Website and which is stored in your web browser. Cookies contain data about your activities on the Website and enable our computer system to identify and track you as you navigate different pages on the Website, and to identify you as a returning user. When you visit the Website again, the cookie allows the site to recognise your browser, including where the browser requests a page and our server calls for the information stored in the cookie to be returned to it. Cookies may be either “persistent” or “session” cookies: a persistent cookie remains valid until its set expiration date (unless deleted by you), while a session cookie expires at the end of your browsing session, when you close your web browser. Cookies may store user preferences and other information.

4.3.4 You may disable the use of cookies by configuring your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do so, you may not be able to enjoy all of the features and functionality of the Website.

4.3.5 The Personal Information that we passively collect from your Access Device may include the contact information and technical website information described in clause 3, or any other Personal Information which you permit us, from time to time, to passively collect from your Access Device.

4.4 Personal Information collected from third parties

Enerchy receives Personal Information about you from various third parties and public sources, including:

4.4.1 third party service providers;

4.4.2 our information technology suppliers;

4.4.3 the manufacturer or vendor systems through which your Devices are linked to the Enerchy App;

4.4.4 the fleet manager who links your Plant to the Enerchy App; and

4.4.5 your electricity provider, where a product or service you activate requires it.

5. HOW WE USE YOUR INFORMATION

5.1 We use the Personal Information we collect from you to maintain and improve the Website and to improve the experience of our users, to facilitate the sale of our products and the provision of our services and to fulfil our statutory and regulatory obligations.

5.2 We may also use your Personal Information to:

5.2.1 respond to enquiries;

5.2.2 communicate with prospective customers;

5.2.3 administer early-access and waitlist registrations;

5.2.4 send newsletters and updates;

5.2.5 process and administer subscriptions;

5.2.6 create or facilitate access to an Enerchy account;

5.2.7 process or verify payments;

5.2.8 provide receipts and subscription communications;

5.2.9 provide support;

5.2.10 operate and secure our website;

5.2.11 understand website usage and improve the website;

5.2.12 detect fraud, abuse or security threats;

5.2.13 maintain appropriate business and transaction records;

5.2.14 comply with legal and regulatory requirements;

5.2.15 establish, exercise or defend legal rights;  and

5.2.16 market Enerchy products and services where permitted by law.

5.2.17 operate the Enerchy App and provide the products and services, including registering your Plant and giving effect to the products, services and settings you activate;

5.2.18 where you provide explicit consent, access and control the relevant device functions of your connected plant for the purposes of enabling the products and services;

5.2.19 communicate with and facilitate access for your installer, operations and maintenance, energy management system provider or fleet manager where required to deliver the Enerchy products and services.

5.3 Enerchy will restrict its processing of your Personal Information to the original purpose for which it was collected, unless Enerchy reasonably considers that it is necessary to process it for another purpose that is compatible with the original purpose.

5.4 Enerchy may, here permitted or required to do so by applicable legislation, process your Personal Information without your knowledge or consent, and will do so in accordance with the further provisions of this Privacy Policy.

6. COMPULSORY PERSONAL INFORMATION AND CONSEQUENCES OF NOT SHARING WITH US

6.1 Where Enerchy is required to process certain Personal Information by law, or in terms of a contract that we have with you, and you fail to provide such Personal Information when requested to do so, Enerchy may be unable to perform in terms of the contract we have in place or are trying to enter into with you. In this case, Enerchy may be required to terminate the contract and/or relationship, upon notification to you, which termination will be done in accordance with the terms of the contract and all applicable legislation.

6.2 In the clause above, you agree and accept that there is certain compulsory Personal Information you must provide us with if you want to enjoy all of the features and functionality on the Website. If you decide not to provide us with such compulsory Personal Information, you agree that we may limit certain features and functionality on the Website.

6.3 Some products and services can only be provided if Enerchy can access data from and, where applicable, control your Devices. If you or the fleet manager of your Plant withdraw that access or consent, Enerchy may suspend or end the affected product or service.

7. NEWSLETTER, WAITLIST AND MARKETING COMMUNICATIONS

7.1 If you sign up to a newsletter or early-access list, we may use your email address to send you the communications you requested. If you become an Enerchy customer, we may also communicate with you about your subscription and, where legally permitted, similar Enerchy products and services. For broader marketing where consent is required, we will ask for appropriate consent. You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communication from us that is primarily for the purpose of direct marketing ("direct marketing communications").

7.2 You may opt out of direct marketing communications at any time by clicking the unsubscribe link in a marketing email, by requesting us in the manner set out in the communication, or by contacting us using the details set out in clause 21 (Contacting Enerchy). If you opt out, we may send you written confirmation of receipt of your opt-out request (which may be in electronic form), and we will not send any further direct marketing communications to you. We will not use an unsubscribe or opt-out request to prevent necessary transactional communications concerning your active account, billing or security. The Information Regulator has issued specific guidance on electronic direct marketing.

8. SHARING OF YOUR PERSONAL INFORMATION WITH THIRD PARTIES

8.1 We will not intentionally disclose your Personal Information, whether for commercial gain or otherwise, other than with your permission, as permitted by applicable law or in the manner as set out in this Privacy Policy.

8.2 Enerchy may share your Personal Information under the following circumstances:

8.2.1 with our agents, advisers, service providers and suppliers that have agreed to be bound by this Privacy Policy or similar terms that offer the same level of protection as this Privacy Policy, including:

8.2.1.1 Webflow, which builds and hosts our website and may store information submitted through website forms and provide website analytics and technical functionality to help us understand how the Website is used and to operate, secure and improve the Website, and Paystack, which processes subscription payments made through the Website and may collect and process payment information necessary to complete a transaction (payment information processed directly by Paystack is subject to Paystack's own privacy and security practices, and we may receive transaction-related information such as whether a payment was successful, the amount paid, a transaction reference and information necessary to associate the payment with your Enerchy subscription);; Brevo, which sends our email communications; Cloudflare, which provides website and Enerchy App usage analytics; and Google, which hosts the Enerchy App in South Africa;

8.2.2 with our employees, suppliers, service providers, contractors and agents if and to the extent that they require such Personal Information in the provision of services for or to us, which include hosting, development and administration, technical support and other support services relating to the Website or the operation of Enerchy's business. We will authorise any Personal Information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality and non-disclosure provisions;

8.2.3 to enable us to enforce or apply any other contract between you and us;

8.2.4 to protect our rights, property or safety or that of our customers, employees, contractors, suppliers, service providers, agents and any other third party;

8.2.5 to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents or any other third party;

8.2.6 with governmental agencies and other regulatory or self-regulatory bodies, if required to do so by law or we reasonably believe that such action is necessary to:

8.2.7 comply with the law or with any legal process;

8.2.8 protect and defend the rights, property or safety of Enerchy, or our customers, employees, contractors, suppliers, service providers, agents or any third party;

8.2.9 detect, prevent or manage actual or alleged fraud, security breaches, technical issues, or the abuse, misuse or unauthorised use of the Website and contraventions of this Privacy Policy;  and

8.2.10 protect the rights, property or safety of members of the public (if you provide false or deceptive information or misrepresent yourself, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).

8.3 Where you register to use the Enerchy App, with your installer, operations and maintenance provider, fleet manager, or energy management system provider, to the extent necessary to provide, support or maintain the Enerchy services. Where a product or service you activate involves participation in a programme operated by a third party, we may share your Personal Information with that programme operator and your electricity provider to the extent necessary to operate and settle that programme.

9. THIRD PARTY WEBSITES AND ADVERTISERS

9.1 The Enerchy website may provide you with links to other websites, although we do not necessarily advise that you visit another website. In the event that you choose to access such websites, Enerchy is not responsible for any actions or policies of those sites. Further, please note that the third party's Privacy Policy and security practices may differ from Enerchy’s standards. Enerchy neither assumes responsibility for, nor does it control, endorse or guarantee any aspect of your use of the linked site. We recommend that you check the Privacy Policy of such a party before providing Personal Information to it.

9.2 Enerchy may also permit advertisers, third party ad networks or other advertising companies to serve advertisements on the website. Please be advised that such advertising companies may gather information about your visit to the website or other websites (such as through cookies, Web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which Web pages you were viewing when such ads were delivered.

9.3 We are not liable if you suffer losses or damages when visiting third party websites by following a link to that website from this Website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.

10. CHILDREN

The website and subscription service are intended for people aged 18 years and older. We will not knowingly collect Personal Information in respect of children without express permission to do so from a competent person (any person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child).

11. YOUR RIGHTS

11.1 Data protection laws confer certain rights on you in respect of your Personal Information, which include the right to:

11.1.1 block all cookies, by setting your browser to do so, including cookies associated with our products and services, or to indicate when a cookie is being sent by us;

11.1.2 request access to your Personal Information (commonly known as a "data subject access request"), thereby enabling you to receive a copy of the Personal Information retained about you;

11.1.3 request the correction of your Personal Information, in order to ensure that any incomplete or inaccurate Personal Information is corrected;

11.1.4 request erasure of your Personal Information, where there is no lawful basis for the retention or continued processing of it, or object to our processing of it, in each case subject to any legal or contractual obligations that may require us to retain or continue processing such information;

11.1.5 object to the processing of your Personal Information for our legitimate interests (or those of a third party) where there is something about your particular situation which makes you want to object to processing on this ground, as you feel it impacts on your fundamental rights and freedoms;

11.1.6 request restriction of processing of your Personal Information, which enables you to ask us to suspend the processing of your Personal Information in limited circumstances, which may differ by jurisdiction;

11.1.7 withdraw consent previously given in respect of the processing of your Personal Information at any time. Withdrawal of consent will not affect the lawfulness of any processing carried out prior to your notice of withdrawal, and may limit our ability or that of a third party to provide certain products or services to you, but will not affect the continued processing of your Personal Information in instances in which your consent is not required;  and

11.1.8 lodge a complaint with us or with the Information Regulator regarding our processing of your Personal Information.

11.2 As far as the law allows, we may charge a fee for attending to any of the above requests and may also refuse to carry out any of your requests in whole or in part.

12. RETENTION OF INFORMATION

12.1 We may retain and Process some or all of your Personal Information if and for as long as:

12.1.1 we are required or permitted by law, a code of conduct or a contract with you to do so;

12.1.2 we reasonably need it for lawful purposes related to the performance of our functions and activities;

12.1.3 we reasonably require it for evidentiary purposes; or

12.1.4 you agree to us retaining it for a specified further period.

12.2 To determine the appropriate retention period for Personal Information, Enerchy will consider, among other things, the nature and sensitivity of the Personal Information, the potential risks or harm that may result from its unauthorised use or disclosure, the purposes for which we process it and whether those purposes may be achieved through other means. Enerchy will always comply with applicable legal, regulatory, tax, accounting or other requirements as they pertain to the retention of Personal Information.

12.3 Subject to clauses 12.1 and 12.2 above, Enerchy applies the following retention periods:

12.3.1 account, contact and installation information, and energy data from your installation: for the duration of your agreement with us and 12 months after it ends;

12.3.2 records we are required to keep under tax, company or other law (such as invoices and contracts): for the period required by that law;

12.3.3 records of control instructions sent to your equipment: for the duration of your agreement and 12 months after it ends;

12.3.4 system and security logs: a minimum of 6 months and a maximum of 12 months;

12.3.5 backups: 30 days, after which they are deleted automatically. Personal Information deleted from our live systems may remain in backups for up to 30 days. During that period it remains protected and is not used for any purpose.

12.3.6 we do not store payment card details; and

12.3.7 Aggregated Data and anonymised data, which do not identify you: for as long as Enerchy requires them, in accordance with clause 3.9.

13. MAINTENANCE OF YOUR PERSONAL INFORMATION AND SPECIAL PERSONAL INFORMATION

13.1 In accordance with applicable legislation and Enerchy's rules, we will take all necessary steps to ensure that the persons responsible for the maintenance of your Personal Information do so in a manner that ensures that it is accurate, complete, not misleading and is up to date.

13.2 It is your responsibility to advise Enerchy or the persons responsible for the maintenance of your Personal Information should any of the Personal Information we have about you be incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in clause 21 (Contacting Enerchy) below.

14. CROSS-BORDER TRANSFERS OF INFORMATION

Some of our third-party service providers store or process Personal Information outside South Africa: Webflow (website hosting) and Cloudflare (analytics) in the United States, Paystack (payments) in Ireland, Brevo (email communications) in France, Germany and Belgium, and Google (email services) in various jurisdictions. The manufacturer or vendor systems through which your Devices are linked to the Enerchy App may also be located outside South Africa. Where we transfer your Personal Information outside South Africa, we do so in accordance with the Protection of Personal Information Act, including by ensuring that the recipient is subject to a law, binding corporate rules or a binding agreement which provides an adequate level of protection.

15. INFORMATION OFFICER AND REGULATOR

15.1 Enerchy's Information Officer can be contacted at privacy@enerchy.energy. If you have any concerns about how we process your Personal Information, please contact our Information Officer in the first instance.

15.2 You also have the right to lodge a complaint with the Information Regulator, by accessing their website at https://inforegulator.org.za/.

16. CHANGES IN OUR PRIVACY POLICY

This Privacy Policy may be amended from time to time and we will take reasonably practicable steps to inform you when changes are made. Without limiting the manner in which we may inform you, it could be that such notification may be by way of e-mail (if you provide your e-mail address when you register to use the Website), a "pop-up" notification on the Website, or a notification when you access the Website.

17. WEBSITE SECURITY

17.1 No data transmissions over the Internet can be guaranteed to be 100 percent secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us, and you understand that any information that you transfer to Enerchy is done at your own risk. However, Enerchy uses website security measures consistent with current best practices to protect its website, email and mailing lists. These measures include technical, procedural, monitoring and tracking steps intended to safeguard data from misuse, unauthorised access or disclosure, loss, alteration or destruction.

17.2 Enerchy has implemented procedures to address actual and suspected data breaches and undertakes to notify you and the relevant regulatory authorities of breaches in instances in which Enerchy is legally required to do so and within the period in which such notification is necessary.

17.3 Credit card information is transmitted using secure encryption technology. Member and purchaser information is a high priority, and we use our own protective measures, as well as the capabilities of our software and hardware vendors.

17.4 We realise there can be incidents of misuse or unauthorised program incursions, as almost every website, service and user encounters. In those instances, our goals are to move quickly to isolate the problem, ensure or restore proper functionality and minimise any inconvenience to our users. As appropriate and necessary, Enerchy will notify the relevant authorities of these incidents of misuse or unauthorised program incursions of the Enerchy website.

17.5 You acknowledge and accept that technology is not absolutely secure and that there is a risk that your Personal Information will not be secure when processed by means of technology. We do not promise that we can keep your Personal Information completely secure, and you will not be able to take action against us if you suffer losses or damages in these circumstances.

18. ASSIGNMENT

18.1 In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the Personal Information and non-personal information collected via the website.

19. CONSUMER PROTECTION ACT, PROTECTION OF PERSONAL INFORMATION ACT AND OTHER LAWS

19.1 If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, the Protection of Personal Information Act, 2013 ("POPIA") or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPIA or such other laws. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPIA and such other laws are complied with.

19.2 No provision of this Privacy Policy:

19.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

19.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability;  or

19.2.3 limits or excludes any warranties or obligations which are implied into this Privacy Policy by the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.

20. GENERAL

20.1 You agree that this Privacy Policy, our relationship and any dispute of whatsoever nature relating to or arising out of this Privacy Policy, whether directly or indirectly, is governed by South African law, without giving effect to any principle of conflict of laws.

20.2 Our failure to exercise or enforce any right or provision of this Privacy Policy shall not constitute a waiver of such right or provision.

20.3 Each provision of this Privacy Policy, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision (or part of a provision) of this Privacy Policy is found by a court or authority of competent jurisdiction to be illegal, invalid or unenforceable (including without limitation, because it is not consistent with the law of another jurisdiction), it must be treated as if it was not included in this Privacy Policy and the rest of this Privacy Policy will still be valid and enforceable.

21. CONTACTING ENERCHY

Please email any problems or questions to Customer Service. While we may not be able to respond to every report, we take each report seriously and will investigate it thoroughly.

admin@enerchy.energy

First Floor Constantia Emporium, c/o Ladies Mile & Spaanschemat River Road, Constantia, 7806

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