ES Energy (PTY) LTD (“ESENER”, “we”, “us”, or “our”) is committed to protecting your personal information and ensuring that your privacy is respected and safeguarded.
This Privacy Policy explains how we collect, use, store, disclose, and protect your personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA).

This document also constitutes our Section 18 POPIA Data Subject Notification, informing you of the type of personal information we process, why we process it, and your rights relating to your personal information.

By using our products, services, website, social media platforms, or submitting your information to us, you agree to the terms outlined in this Privacy Policy.

We may update this policy from time to time to reflect legal requirements or business changes. The latest version available on our website will apply.

1. What is Personal Information?

Personal information refers to any data that identifies you or relates specifically to you. Examples include (but are not limited to):

• Name, identity number, birth details, age
• Contact details (telephone, email, address)
• Gender, marital status, nationality
• Financial and employment history
• Education information
• Location data
• Correspondence records
• Online identifiers
• Opinions, preferences, and personal views
• Certain types of information are classified as special personal information, including:
• Race and ethnic origin
• Health and biometric data
• Religious or philosophical beliefs
• Trade union membership
• Criminal history
• Political persuasion
• Sex life

2. Mandatory vs. Voluntary Information

Some personal information is mandatory and required by law. If you do not provide this information, we may be unable to do business with you. This includes information required under legislation such as:

• Income Tax Act
• Labour Relations Act
• Basic Conditions of Employment Act
• Occupational Health and Safety Act
• National Credit Act
• Financial Intelligence Centre Act
• Unemployment Insurance Act
• Pension Funds Act
• And other applicable South African laws

Other information is voluntary, but may still be required for us to provide products or services effectively. If voluntary information is withheld, we may be unable to proceed with our engagement.

3. When We Process Your Personal Information

We will only process your personal information when:

• You have given consent
• A legally authorised person has provided consent
• It is necessary to conclude or perform a contract with you
• The law requires or permits it
• It is in your, our, or a third party’s legitimate interest

4. When We Process Special Personal Information

We may process special personal information only under the following circumstances:

• With your explicit consent
• When required for HR, payroll, or legal obligations
• When needed to create or protect a legal right
• When used for research/statistics under strict conditions
• When you have made the information public
• When processing is required by law or an insurance contract

5. How We Collect Your Personal Information

We may collect your personal information from:

• You directly
• Public records or publicly available sources
• Your use of our products, services, website, or support channels
• Communication with us (calls, emails, forms, WhatsApp, surveys)
• Third parties such as:
• Our business partners
• Your employer, spouse, or dependents
• Payment processors, banks, credit bureaus
• Attorneys, debt collectors, insurers
• Law enforcement or regulatory authorities
• Service providers, contractors, couriers
• Courts and tribunals
• Where the law requires consent for collection from third parties, we will request your permission first.

6. Why We Process Your Personal Information

We process personal information for purposes including (but not limited to):

• Providing products, goods, and services
• Verifying identity and ensuring security
• Processing orders, payments, or account applications
• Responding to enquiries, support requests, and complaints
• Marketing (where permitted)
• Compliance with legal, regulatory, and industry requirements
• Market research, analytics, and product development
• Delivering goods, documents, or notices
• Insurance administration, claims handling, and underwriting
• Customer satisfaction surveys, loyalty programs, promotions
• Operational, risk, and financial management
• Any other related business purpose

7. Marketing

We may use your personal information to market our products and services via:

• Email
• SMS
• Telephone
• WhatsApp
• Social media
• In person or by post

Where required by law, we will only send electronic marketing communications with your consent. You may opt out at any time.

8. Sharing Your Personal Information

We will only share your personal information when:

• You have consented
• It is necessary to conclude or perform a contract
• The law requires it
• It is necessary to protect legitimate interests

9. Transfer of Information to Other Countries

Your personal information may be transferred outside South Africa when:

• The receiving party ensures adequate protection
• The transfer is necessary to perform a contract
• You have consented
• It is in your interest and consent cannot reasonably be obtained
• All transfers will take place with appropriate legal safeguards.

10. How We Protect Your Information

We implement appropriate technical, physical, and organisational measures to safeguard your information, including:

• Secure systems and access controls
• Monitoring of access and usage
• Secure storage of records
• Controlled access to buildings and platforms
• Safe destruction or deletion of data
• Continual assessment of security practices

11. How Long We Keep Information

We retain your personal information for as long as:

• Required by law
• Necessary for contractual obligations
• You have consented
• Needed for the purposes stated in this policy
• Required for research or statistical purposes
• Required by codes of conduct
• Needed for legitimate business interests

We may retain your information after the relationship ends, as required by law.

12. Cookies Policy

Our website uses cookies, which are small data files stored on your device to:

• Improve your browsing experience
• Personalise your interactions
• Recognise returning visitors
• Prevent fraud
• Provide analytics and performance insights

By using our website, you consent to our use of cookies. You may disable cookies in your browser settings, but this may affect website functionality.

13. Your Rights

You have the right to:

• Request access to the personal information we hold
• Request correction or deletion of inaccurate or irrelevant information
• Object to the processing of your personal information
• Withdraw consent (subject to legal limitations)
• Request details of third parties who have accessed your information
• Lodge a complaint with the Information Regulator

Requests must be made in writing and accompanied by proof of identity.
Changes may take up to 15 business days to implement.

Information Regulator contact details:
Email: Complaints.IR@justice.gov.za

Postal: PO Box 31533, Braamfontein, 2017
Physical: JD House, 27 Stiemens Street, Braamfontein, Johannesburg

14. Contact Us

For any privacy-related enquiries or requests, please contact our Information Officer:

ES Energy (PTY) LTD
Contact Number: +27 10 449 9686
Email: info@esener.com

Address:
Unit 9, Summit Square 1
347 Roan Crescent
Corporate Park North
Midrand, Gauteng
South Africa