READ THIS POLICY CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF
OUR SERVICES. YOUR CONTINUED USE OF THIS WEBSITE AND OUR SERVICES
INDICATES THAT YOU HAVE BOTH READ AND AGREE TO THE TERMS OF THIS
NOT ACCEPT THIS POLICY. ALL SECTIONS OF THIS POLICY ARE APPLICABLE TO
USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
1.1 For the purposes of this section, Personal Information will be
understood in accordance with the definition provided in the Protection of
Personal Information Act 4 of 2013 (“the Act”) and in accordance with the
definition of Personal Data in Article 4(1) of the General Data Protection
Regulation GDPR (EU) 2016/679. We also subscribe to the principles for
electronically collecting personal information outlined in the Act, and the
further legislation referred to therein. We endeavour to ensure the
quality, accuracy and confidentiality of Personal Information in our
business interests and your reasonable expectation of privacy. Accordingly,
we will take all reasonable steps to prevent unauthorised access to, or
disclosure of your Personal Information. However, it is impossible to
guarantee that your Personal Information shall be 100% secure.
1.3 In utilising our website, using our services or otherwise if your
information is submitted to us through a lead generation services, users
may be asked to provide the following information (Personal Information):
1.3.1 First Name
1.3.4 Physical Address
1.3.5 Phone Number
1.3.7 Company/CC/Business Name
1.3.8 Company/CC/Business Registration Number
1.4 We will attempt to limit the types of Personal Information we process
to only that to which you consent to (for example, in the context of online
registration, newsletters, message boards, surveys, polls, professional
announcements, SMS, lead generation, MMS and other mobile services), but,
constitutes your consent as contemplated in section 69 of the Act Act
and/or Article 7 of the GDPR (whichever is applicable). Where necessary, we
will seek to obtain your specific consent in future instances should we
deem same required by law and where your consent herein might not be
1.5 We will not collect, use or disclose sensitive information (such as
information about racial or ethnic origins or political or religious
beliefs, where relevant) except with your specific consent or in the
circumstances permitted by law.
to the use of your Personal Information in relation to:
1.6.1 The provision and performance of our services to you
1.6.2 Informing you of changes made to our website
1.6.3 The provision of marketing related services to you by us
1.6.4 Responding to any queries or requests you may have
1.6.5 Developing a more direct and substantial relationship with users
1.6.6 Developing an online user profile
1.6.7 Understanding general user trends and patterns
1.6.8 For security, administrative and legal purposes
1.6.9 The creation and development of market data profiles
1.7 Although absolute security cannot be guaranteed on the internet, we
have in place up-to-date, reasonable technical and organisational security
measures to protect your Personal Information against accidental or
intentional manipulation, loss, misuse, destruction or against unauthorised
disclosure or access to the information we process online.
1.8 While we cannot ensure or warrant the security of any Personal
Information you provide us, we will continue to maintain and improve these
security measures over time in line with legal and technological
1.9 We store your Personal Information directly, or alternatively, store
your Personal Information on, and transfer your Personal Information to, a
central database. If the location of the central database is located in a
country that does not have substantially similar laws which provide for the
protection of Personal Information, we will take the necessary steps to
ensure that your Personal Information is adequately protected in that
jurisdiction by means of ensuring that standard data protection clauses are
enforced as envisaged by the GDPR.
1.10 Your information will not be stored for longer than is necessary for
1.11 The Personal Information we collect from users shall only be accessed
by our employees, representatives and consultants on a need-to-know basis,
and subject to reasonable confidentiality obligations binding such persons.
1.12 We shall have the right, but shall not be obliged, to monitor or
examine any information and materials including any website link that you
publish or submit to us for publishing on the Site. You shall be solely
responsible for the contents of all material published by yourself.
1.13 We constantly review our systems and data to ensure the best possible
service to our users. We do not accept any users, or representatives of
users, under 18 years of age or who otherwise does not have the relevant
1.14 We will not sell, share, or rent your Personal Information to any
third party or use your e-mail address for unsolicited mail. Any emails
sent by us will only be in connection with the provision of our services
and/or the marketing thereof.
Clause 2 Your Rights
2.1 A user has the right:
2.1.1 of access to their Personal Information stored and processed by us.
This may be done by emailing us at the address referred to in clause 7.5.3
2.1.2 to rectification of Personal Information that we hold on a user’s
behalf, in instances where such Personal Information is incorrect or
2.1.3 of erasure of Personal Information (“right to be forgotten”) if such
information is no longer needed for the original processing purpose,
alternatively if a user withdraws their consent and there is no other
reason or justification to retain such Personal Information, further
alternatively, if a user has objected to such Personal Information being
processed and there is no justified reason for the processing of such
2.1.4 to restrict/suspend processing of Personal Information to only that
which is strictly necessary for us to perform our services to you;
the requisite data protection authority in their territory;
2.1.6 to withdraw their consent at any time, if processing of Personal
Information is based on consent;
2.1.7 to object to processing of Personal Information, if such processing
is based on legitimate interests; and
2.1.8 to object to the processing of Personal Information for direct
Clause 3 Disclosure of Personal Information
3.1 We may disclose your Personal Information to the following persons for
the purposes of our rendering our services to you, and for those reasons
recorded in clause 1.6 above:
3.1.2 Affiliated Companies
3.2 If our services are provided in conjunction with, or by involvement of
third parties, such third parties may need to have your Personal
Information in order to fulfil your request.
Clause 4 Log Files
4.1 When you visit the website, even if you do not create an account, we
may collect information, such as your IP address, the name of your ISP
(Internet Service Provider), your browser, the website from which you visit
us, the pages on our website that you visit and in what sequence, the date
and length of your visit, and other information concerning your computer’s
operating system, language settings, and broad demographic information.
This information is aggregated and anonymous data and does not identify you
specifically. However, you acknowledge that this data may be able to be
used to identify you if it is aggregated with other Personal Information
that you supply to us. This information is not shared with third parties
and is used only within the company on a need-to-know basis. Any
individually identifiable information related to this data will never be
used in any way different to that stated above, without your explicit
Clause 5 Cookies
computer or smart phone by the web browser. The two types of cookies used
on the Website are described below:
5.1.1 “Session cookies”: These are used to maintain a so-called ‘session
state’ and only lasts for the duration of your use of the Website. A
session cookie expires when you close your browser, or if you have not
visited the server for a certain period of time. Session cookies are
required for the Platform to function optimally, but are not used in any
way to identify you personally.
5.1.2 “Permanent cookies”: These cookies permanently store a unique code on
your computer or smart device hard drive in order to identify you as an
individual user. No Personal Information is stored in permanent cookies.
You can view permanent cookies by looking in the cookies directory of your
browser installation. These permanent cookies are not required for the
website to work, but may enhance your browsing experience.
Clause 6 Links from the website
6.1 The services available through the Website, may contain links to other
third party websites, including (without limitation) social media
platforms, payment gateways, appointment scheduling and/or live chat
platforms (“Third Party Websites”). If you select a link to any Third Party
Website, you may be subject to such Third Party Website’s terms and
conditions and/or other policies, which are not under our control, nor are
we responsible therefore.
6.2 Hyperlinks to Third Party Websites are provided “as is”, and we do not
necessarily agree with, edit or sponsor the content on Third Party
6.3 We do not monitor or review the content of any Third Party Website.
Opinions expressed or material appearing on such websites are not
necessarily shared or endorsed by us and we should not be regarded as the
publisher of such opinions or material. Please be aware that we are not
responsible for the privacy practices, or content, of other websites,
6.4 Users should evaluate the security and trustworthiness of any Third
Party Website before disclosing any personal information to them. We do not
accept any responsibility for any loss or damage in whatever manner,
howsoever caused, resulting from your disclosure to third parties of
Clause 7 Application Of The Electronic Communications And Transactions Act
25 Of 2002 (“Ect Act”)
7.1 Data Messages (as defined in the ECT Act) will be deemed to have been
received by us if and when we respond to the Data Messages.
7.2 Data Messages sent by us to a user will be deemed to have been received
by such user in terms of the provisions specified in section 23(b) of the
7.3 Users acknowledge that electronic signatures, encryption and/or
authentication are not required for valid electronic communications between
us and users.
7.4 Information to be provided in terms of section 43(1) of the ECT Act:
7.4.1 Users warrant that Data Messages sent to us from any electronic
device, used by such user, from time to time or owned by such user, were
sent and or authorised by such user, personally.
7.4.2 This Website is owned and operated by Genie Water And Sanitation.
7.5 Address for service of legal documents: 19 Etosha Crescent, Sandown
7.5.1 Contact Number: +27872228432.
7.5.2 Website – located at water-genie.co.za
Clause 8 Lodging of Complaints
8.1 We only process your Personal Information in compliance with this
If, however you wish to raise a complaint regarding the processing of your
Personal Information or are unsatisfied with how we have handled your
Personal Information, you have the right to lodge a complaint with the
supervisory authority in your country.