STIEBEL ELTRON – WEBSITE PRIVACY AND USAGE POLICY
- By accessing, using and/or interacting with the Website in any way, each User signifies and confirms his/her/its agreement: i) with this Policy (and its entire content); and ii) to be bound by this Policy (and its entire content).
- Using, accessing and/or interacting with the Website indicates and records a User’s acceptance of this Policy. If a User does not accept this Policy in full, and/or does not agree to be bound by this Policy in full, he/she/it may not and must not continue to access, use and/or interact with the Website (or any part thereof).
1.1 In this Policy:
1.1.1 clause headings are for convenience only and shall not be used in its interpretation; and
1.1.2 unless the context clearly indicates a contrary intention an expression which denotes any gender includes the other genders, a natural person includes an artificial person and vice versa and the singular includes the plural and vice versa; and
1.1.3 the use of the word “including” followed by specific examples shall not be construed as limiting the meaning of the general wording preceding it and general words that follow specific words in a list, shall not be construed as referring only to the types of things identified by the specific words; and
1.1.4 if any provision in a definition is a substantive provision conferring rights or imposing obligations on Stiebel Eltron or any User, effect shall be given to it as if it were a substantive clause in the body of the Policy, notwithstanding that it is only contained in the definition.
1.2 This Policy shall be governed by, and construed and interpreted in accordance with, the laws of the Republic of South Africa.
1.3 The terms of this Policy shall not be interpreted against Stiebel Eltron who procured its preparation and drafting.
2.1 In this Policy, and unless the context clearly indicates a different intention, the following expressions bear the meanings given to them below and equivalent expressions will have similar meanings:
2.1.1 “Agreement” – means the Stiebel Eltron – Website Terms and Conditions of Use (accessible at www.stiebel-eltron.co.za);
2.1.2 “Communications” – means communications between any User and Stiebel Eltron and/or any User and another User exchanged by means of an electronic-communication, fax, telephone, call centre and/or such other means of communication Stiebel Eltron may allow or use from time to time for and/or regarding the Website;
2.1.3 “Domain Names” – means the domain name/s and/or internet address/es via which the Website is accessible, and more specifically www.stiebel-eltron.co.za;
2.1.4 “ECTA” – means the Electronic Communications and Transactions Act, Act 25 of 2002;
2.1.5 “Materials” – means and includes the design, layout, look, appearance, graphics and documents in/on the Website, as well as all other content in/on the Website including Trademarks, literary works, musical works, artistic works, sound recordings, cinematograph films, sound and television broadcasts, program-carrying signals, published editions, computer programs and text;
2.1.6 “Policy” – means this Stiebel Eltron – Website Privacy And Usage Policy;
2.1.7 “RICA” – means the Regulation of Interception of Communications and Provision of Communication- Related Information Act, Act 70 of 2002;
2.1.8 “Stiebel Eltron” – means Stiebel Eltron Southern Africa (Pty) Ltd (Registration Number: 2017/278216/07);
2.1.9 “Trademarks” – means any and all of the trademarks, names, logos and service marks displayed in/on the Website from time to time;
2.1.10 “Users” – means all of the natural and/or juristic persons who access, use and/or interact with the Website from time to time collectively, and “User” means any of them as the context requires;
2.1.11 “Website” – means and includes the website accessible via the Domain Names, each associated microsite and each sub-page, owned, operated and maintained by Stiebel Eltron.
3.1 Stiebel Eltron respects each User’s privacy and each User’s personal information and for this reason, Stiebel Eltron takes all reasonable measures, in accordance with this Policy, to protect each User’s personal information and to keep it confidential.
3.2 This Policy, and all of the terms and conditions recorded herein, are in respect of the Website (and each part thereof) being used, accessed and/or interacted with by the Users.
3.3 This Policy sets out how Stiebel Eltron will use and protect any personal information that a User provides to Stiebel Eltron when using, accessing and/or interacting with the Website.
3.4 Each User must read this Policy carefully. Together with the Agreement this Policy governs Stiebel Eltron’s relationship with the User in relation to the Website (and each part thereof).
4.1 It is important for each User to take note of the fact that when he/she/it submits his/her/its personal information in/on the Website, he/she/it consents to Stiebel Eltron collecting, processing and storing such information subject to the provisions of this Policy.
4.2 By accessing, using and/or interacting with any part of the Website, or by providing information to Stiebel Eltron, each User consents to the use and transfer (including disclosure) of such information by Stiebel Eltron on the terms set out in this Policy.
5. Changes/Amendments to Policy
5.1 Stiebel Eltron reserves the right, in Stiebel Eltron’s sole and absolute discretion, to amend this Policy at any time, in any way and for any reason whatsoever. Stiebel Eltron will publish the amended Policy in/on the Website. Any amendments shall come into effect immediately once published in/on the Website.
5.2 It is each User’s responsibility to review this Policy regularly (and preferably each time he/she/it accesses the Website) and to ensure that the User agrees with any amendments to this Policy. If a User does not agree with any amendments to this Policy, he/she/it may not and must not continue to access, use and/or interact with the Website (or any part thereof).
6.1 Stiebel Eltron may intercept, collect and monitor each User’s Communications.
6.2 Stiebel Eltron may implement systems designed to intercept, collect and monitor each User’s Communications, to the extent permissible by law, in which case each User herewith consents to such interception, collection and monitoring.
6.3 As part of this process of intercepting, collecting and monitoring the Users’ Communications, Stiebel Eltron may record such Communications for disclosure on the basis set out in this Policy.
6.4 Stiebel Eltron automatically receives, collects and records information on Stiebel Eltron’s server logs from each User’s browser or mobile platform, including the User’s location, browser type/version, operating system, referrer URL, IP address, cookie information, time of server request and the page the User requested. Stiebel Eltron treats this data as non-personal information, except where Stiebel Eltron is compelled to do otherwise by law. Stiebel Eltron only uses this data in aggregate form and same is not merged with other data sources nor can same be assigned to specific individuals. Stiebel Eltron may provide this aggregate information to its partners and associates about how its Users, collectively, use the Website, so that its partners may also understand how the Users make use of the Website.
6.5 The following information may be requested and collected by Stiebel Eltron from Users from tiem to time: full name and surname; age; identity number; physical and postal address and contact details.
7. External websites
7.1 Stiebel Eltron may link the Website to other websites, and/or provide external links to other websites via the Website, which other websites are not within its control. Once a User has left the Website, Stiebel Eltron cannot be (and will not be) responsible, accountable, at risk and/or liable for the protection and privacy of any information which a User provides. Each User should exercise caution and look at the privacy statement applicable to the website in question. Should a User be directed to or make use of any external link on the Website to another website, such other website is not subject to this Policy.
8.2 Cookies are files that store information on a User’s hard drive or browser which, amongst others, allows the Website to recognise that a User has visited the Website before.
8.3 Cookies contain the addresses of the Website and codes that a User’s browser sends back to the Website each time the User visits the Website.
8.4 Cookies don't usually contain personal information or anything dangerous. They're usually innocuous and useful.
8.6 Users should however be aware that restricting cookies may impact on the functionality of the Website.
8.7 If a User wishes to view the User’s cookie code, just click on a cookie to open it. The User will see a short string of text and numbers. The numbers are the User’s identification card, which can only be seen by the server that gave the User the cookie.
9. Web Beacons
9.1 The Website may contain electronic image requests (called a "single-pixel gif" or "web beacon" request) that allow Stiebel Eltron to count page views and to access cookies.
9.2 Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon.
9.3 Web beacons are typically 1-by-1 pixel files (so small that a User would likely not realize that they are there), but their presence can usually be seen within a browser by clicking on "View" and then on "Source".
9.4 Stiebel Eltron may also include web beacons in HTML-formatted newsletters that it sends to opt-in subscribers in order to count how many newsletters have been read. Stiebel Eltron’s web beacons do not collect, gather, monitor or share any personally identifiable information. They are just the technique Stiebel Eltron uses to compile anonymous information about the Website usage.
10. Google Analytics
10.1 The Website may use Google Analytics, a web analysis service from Google Inc. (“Google”).
10.3 If the Website uses Google Analytics:
10.3.1 the information gathered by the cookies about the User’s usage of the Website is generally transferred to a Google server in the United States of America (“USA”) and stored there. However, if IP anonymization is activated on the Website, Google will first shorten the User’s IP address if the User belongs to an European Union (“EU”) member state or another country, which country is a contracting party to the agreement on the European Economic Area. In exceptional cases only, the full IP address is transferred to a Google server in the USA and shortened there;
10.3.2 on behalf of Stiebel Eltron, Google will use this information to analyze the User’s usage of the Website, compile reports about Website activities and provide Stiebel Eltron with further services related to the Website and internet usage.
10.4 The IP address transferred by the User’s browser as part of Google Analytics is not combined with other Google data.
10.5 The User can prevent Google recording the data generated by the cookie and related to the User’s usage of the Website (including the User’s IP address) by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
11. Google remarketing
11.1 The Website may use Google remarketing. Google remarketing is an advertising service of Google, with which Stiebel Eltron can provide the User with targeted adverts of presumed interest, based on the User’s usage behavior during previous visits to the Website. Such adverts only appear on Google advertising spaces, either those of Google AdWords or the Google Display Network.
11.2 The User can object to Google remarketing in the Google Ad Settings or edit his/her settings. Alternatively, the User can prevent remarketing by deactivating cookies in his/her browser settings.
12. Facebook remarketing
12.1 The Website may use the “Custom Audiences” remarketing function from Facebook Inc. (“Facebook”). This function is used to present interest-based adverts (“Facebook ads”) to Users when the said Users visit the social network Facebook. For this purpose, Facebook's remarketing tag may have been implemented on the Website. This tag could establish a direct connection to the Facebook servers when the User visits the Website. The fact that the User visited the Website is then transmitted to the Facebook server and Facebook assigns this information to the User’s personal Facebook user account.
13. Google reCAPTCHA service
13.1 Stiebel Eltron may use the Google reCAPTCHA service to determine whether certain data entered in its contact or newsletter form comes from an actual person or a computer.
13.2 Google uses the following information to determine whether the Users of the Website are humans or a computer: IP address of the device the User is using, the website the User is visiting in which the reCAPTCHA is integrated, the date and duration of the Users’ visit, the identification data of the browser and operating systems which the User is using, Google account if the User is logged into Google, mouse movements on the reCAPTCHA images and tasks where the Users have to identify images.
14. Trade partner portal
14.1 A User can register with Stiebel Eltron as a trade partner through Stiebel Eltron’s online services. To do so, the User needs to enter the information requested on the input screen, such as the User’s name, address and email address. Stiebel Eltron will also record the date and time of registration and the IP address. As part of the registration process, Stiebel Eltron will require the User’s consent to use the User’s information.
14.2 Registration is required to fulfil or initiate a contract with Stiebel for certain services, or to obtain useful design engineering tools, information on training courses, or spare parts, for example. The information will be stored by Stiebel Eltron for as long as necessary to fulfil the contract. In addition, Stiebel Eltron will store this information for the fulfilment of post-contractual obligations and on the basis of commercial, tax and accounting retention periods for the legally prescribed periods.
15. Event registration or information visits
15.1 On some pages of the Website, the User is permitted to enter information in order to register for information visits, training courses or events run by Stiebel Eltron. Stiebel Eltron will only use this information to process the User’s enquiry. If the User enters his/her/its email address and telephone number as a participant in one of Stiebel Eltron’s events, the User will receive a confirmation email. Afterwards, the information is stored, for example to evaluate the event. This Data will be deleted after 26 (twenty six) months at the latest if there are no legal retention periods to the contrary, e.g. for verification of professional qualifications, hospitality, costs, etc.
15.2 The User is entitled to revoke his/her/its consent to the use of the information provided during registration until the start of the event.
16. Transmission and forwarding of information
16.1 In order to respond to requests for professional consultation or be able to provide the details of qualified contractors for consultation and/or the purchase, maintenance or repair of products from Stiebel Eltron’s range, Stiebel Eltron will forward the information, as entered by the User – with the User’s consent – to external qualified contractors who work in partnership with Stiebel Eltron and are based in the User’s region.
16.2 These trade partners will be instructed to contact the User in order to provide the professional consultation and/or quotation the User requested. For this purpose, the qualified contractor will contact the User either by email and/or telephone.
17. Quotation service
17.1 When the Users provide their respective information for quotation purposes, the Users are providing Stiebel Eltron with their respective Data on a voluntary basis. The Users are thereby giving their consent that the information provided may be used by Stiebel Eltron or a qualified contractor for the purpose of preparing a quotation and getting in touch with the Users.
17.2 With the product quotation service, the information collected is used exclusively to prepare a quotation, and later for the qualified contractor to contact the Users.
17.3 The Users can revoke their consent at any time by sending Stiebel Eltron a message to this effect. Once the stated time limits have elapsed, the relevant data will be deleted as a matter of course.
18. Google Maps
18.1 When the User uses the Website, the User can view partners and associates of Stiebel Eltron in the User’s area who work with Stiebel Eltron on a map. Stiebel Eltron uses Google Maps to display the map. Google Maps is a service of Google. Details about how information is processed when the User makes use of Google Maps can be found under the following link: https://policies.google.com/privacy?hl=en&gl=za.
18.2 To view trade partners and associates of Stiebel Eltron in the User’s area who work with Stiebel Eltron, the User must first specify his/her/its location. The location can either be entered manually or determined automatically using the localization function of the User’s internet browser. No information will be processed during manual entry unless the User provides his/her/its home address to be displayed. The User’s IP address has to be processed to automatically determine the User’s location using the localization function of his/her/its internet browser. In this context, the User’s IP address is not stored by Stiebel Eltron.
19. Spare parts shop
19.1 Stiebel Eltron will use the User’s information for orders as may be required by Stiebel Eltron from time to time, and affiliated companies, and with the company commissioned to process orders.
19.2 For order processing, Stiebel Eltron works with various companies that are responsible for logistics. Stiebel Eltron ensures that its partners and associates also comply with data protection regulations. Stiebel Eltron passes on each User’s information to the respective transport companies that will deliver the products ordered by the User. The processing of the User’s information is necessary to fulfil the contract with the said User.
19.3 The information will be stored by Stiebel Eltron for as long as necessary to fulfil the contract. In addition, Stiebel Eltron will store this information for the fulfilment of post-contractual obligations and on the basis of commercial, tax and accounting retention periods for the legally prescribed period.
20.1 Via the applicant portal, the User can apply for a job with Stiebel Eltron and submit all the necessary information and documents. The User can use the online form to send Stiebel Eltron his/her application documents. The use of the applicant portal is voluntary. The User can also submit is application in other ways, for example by email or registered post.
20.2 When an application is received via the applicant portal, the User’s documents will be forwarded electronically to the responsible employees at Stiebel Eltron. If the User applied for an advertised position, the documents will be automatically deleted 2 (two) months after completion of the recruitment procedure, provided there are no other legitimate interests to the contrary. In the case of an application without reference to an advertised position (unsolicited application), the application is kept for as long as there is the possibility that it may be of interest.
20.3 The User has the option of requesting the deletion of his/her application at any time, even before the intended retention periods have expired. In the event of a successful application, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements.
21. Advertising and advertising consent
21.1 Stiebel Eltron will only inform the User of, or send the User surveys about, products and services from Stiebel Eltron by email, post or telephone, provided that the User has expressly given Stiebel Eltron his/her/its consent to use the his/her/its information for advertising purposes (opt-in).
21.2 If the User gave Stiebel Eltron his/her/its consent for such use but no longer wishes to receive advertising or surveys from Stiebel Eltron in the future, the User can at any time revoke his/her/its consent. The User’s information will then be deleted or, if still required for invoicing and accounting, stored for these purposes.
22.1 When the User subscribes to Stiebel Eltron’s newsletter, the User’s email address will be used for Stiebel Eltron’s own advertising purposes until the User unsubscribes. The User will receive regular information by email about current topics, as well as emails for special occasions, such as special promotions. The emails may be personalized and individualized based on the information Stiebel Eltron holds in respect of each User.
22.2 If the User failed or decided not to provide Stiebel Eltron the required written consent to subscribe to its newsletter, Stiebel Eltron will use the double opt-in procedure (i.e. Stiebel Eltron will not send the User a newsletter by email until the User has expressly confirmed to Stiebel Eltron that it should do so. Stiebel Eltron will then send the User a notification email and request the User to click on a link contained in it to confirm that the User would like to receive Stiebel Eltron’s newsletter).
22.3 Within the framework of legal requirements, the User may also receive Stiebel Eltron’s newsletter or an email from Stiebel Eltron without the User’s express consent because the User ordered products or services from Stiebel Eltron, through which Stiebel Eltron has received the User’s email address and the User did not object to receiving information by email.
22.4 If the User no longer wishes to receive newsletters from Stiebel Eltron, the User can revoke his/her/its consent at any time with future effect or object to further receipt of the newsletter without incurring any costs other than the transmission costs according to the basic tariffs. Simply use the unsubscribe link contained in each newsletter or send a message to Stiebel Eltron.
23.1 The User can contact Stiebel Eltron via its customer hotline, by email or by registered mail. Should the User wish to use one of these contact options, Stiebel Eltron records the information that transmitted to Stiebel Eltron via the selected contact option. This may include the User’s name, address, email address, customer number and telephone number. The User can decide which information he/she/it wants to send to Stiebel Eltron via the contact options.
23.2 Stiebel Eltron will process the information exclusively for the purpose of being able to respond to or process the User’s enquiry or request.
23.3 Should the User wish to use the contact form in Stiebel Eltron’s online services, Styiebel Eltron records the information the User provides in the contact form, in particular the User’s name and email address. Stiebel Eltron also stores the IP address, including the date and time of the enquiry. Stiebel Eltron will process the information submitted in the contact form exclusively for the purpose of being able to respond to the User’s enquiry or request.
23.4 The User can revoke his/her/its consent at any time, under and in terms of this Policy.
23.5 After the matter has been resolved, the information will initially be stored in case further queries arise. Deletion of the information can be requested at any time, otherwise deletion will take place once the matter has been fully resolved (i.e. all further queries have been dealt with). At such time, Stiebel Eltron will endeavor to delete the information immediately, unless Stiebel Eltron is obliged to store it due to commercial or tax regulations.
24. Social media
24.1 In Stiebel Eltron’s online services, the User will find links to the social networks Facebook, Twitter, LinkedIn as well as to Stiebel Eltron’s YouTube channel. The User can recognize the links by the respective provider's logo. Stiebel Eltron does not process any information in this regard.
24.2 By clicking on the links, the corresponding social media pages are opened, to which this Policy does not apply. Please refer to the privacy policies of the individual providers for details of the provisions applicable there. The User will find these under:
25.1 The User can register with Stiebel Eltron as a user through its online services. To do so, the User will need to enter the information requested on the input screen, such as his/her/its name, address and email address. Stiebel Eltron will also record the date and time of registration and the IP address. As part of the registration process, Stiebel Eltron requests the User’s permission to use the information.
25.2 Registration is required to fulfil or initiate a contract with Stiebel Eltron for certain services or products. The information will be stored by Stiebel Eltron for as long as necessary to fulfil the contract. In addition, Stiebel Eltron will store the information for the fulfilment of post-contractual obligations and on the basis of commercial, tax and accounting retention periods for the legally prescribed period.
26. Right of access, right to object, right to rectification and right to erasure
26.1 The User has the right to obtain access to his/her/its information processed by Stiebel Eltron. In particular, the User may obtain information about the purposes of the processing, the categories of personal data concerned, the categories of recipients to whom the User’s information has been or will be disclosed, the envisaged storage period, the existence of the right to request rectification, erasure, restriction of processing or the right to object, the existence of a right to lodge a complaint, the source of the User’s information if not collected from the User, and the existence of automated decision making, including profiling, and if applicable, meaningful information about the details involved.
26.2 The User has the right to obtain without undue delay the rectification of inaccurate or incomplete information stored by Stiebel Eltron.
26.3 The User has the right to obtain the erasure of his/her/its information stored by Stiebel Eltron, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims.
26.4 The User has the right to obtain restriction of processing of the User’s information, should the User contest the accuracy of the information, if the processing is unlawful and the User opposes the erasure of the information, should Stiebel Eltron no longer require the information but if the User requires it for the establishment, exercise or defense of legal claims, or if the User objected to processing of the information.
26.5 The User has the right to receive the information the User has provided to Stiebel Eltron in a structured, commonly used and machine-readable format, and has the right to transmit this data to another controller.
27.1 Stiebel Eltron, in addition to the other purposes and uses expressed in this Policy, uses intercepted, collected and/or monitored information to provide Users with a better service, and in particular for the following purposes:
27.1.1 such purposes as may be disclosed to a User upon the information being collected from a User;
27.1.2 providing services and products a User has requested and notifying a User about important changes or developments to these services and products;
27.1.3 providing Stiebel Eltron with information of and regarding Users, as is required to provide quotes and/or fee estimates to a User and to provide product and/or service descriptions to a User;
27.1.4 responding to a User’s inquiries and complaints or processing a User’s requests in relation to the User’s information;
27.1.5 to follow up as part of Stiebel Eltron’s customer care procedures;
27.1.6 updating Stiebel Eltron’s records regarding each User;
27.1.7 Stiebel Eltron’s internal record keeping;
27.1.8 administering offers;
27.1.9 to improve Stiebel Eltron’s service;
27.1.10 remembering Users’ information so that Users will not have to re-enter same during a visit to the Website or the next time Users access, use and/or interact with the Website;
27.1.11 monitoring aggregate Website usage metrics such as total number of visitors and pages accessed;
27.1.12 tracking Users’ entries, submissions and status in any promotions or other activities in connection with Users’ usage of the Website;
27.1.13 managing and administering a User’s use of the Website and fulfilling Stiebel Eltron’s contractual obligations;
27.1.14 verifying a User’s identity and to inform a User of facts relating to a User’s use of the Website (e.g. notifications regarding major updates or content a User has posted or downloaded from the Website, customer service notifications and to address copyright infringement or defamation issues) as well as to inform a User, subject to obtaining the User’s prior consent, of competitions, promotions and special offers from Stiebel Eltron and/or Stiebel Eltron’s partners and/or affiliates;
27.1.15 enhancing and personalizing a User’s browsing experience on the Website;
27.1.16 making the Website easier for Users to use and providing Users with access to certain parts of the Website; and
27.1.17 to contact Users for market research purposes, provided that Users shall have the option to elect not to receive such contact from Stiebel Eltron.
27.2 Stiebel Eltron may contact Users by e-mail, phone, fax or mail in relation to the purposes set out herein and by providing their information Users are deemed to have agreed to Stiebel Eltron contacting them by these methods of communication. Stiebel Eltron will continue to contact Users by way of such methods until a User advises Stiebel Eltron in writing that the User no longer wishes to be contacted by certain methods. Please note that a User is required to accept at least one of the aforementioned methods as a User’s chosen method of receipt of communication from Stiebel Eltron.
27.3 All User information which is collected in/on/via the Website will be stored and processed by Stiebel Eltron either in South Africa or abroad, according to industry best practice. Each User notes that Stiebel Eltron employs and utilises servers and storage devices/services which are situated abroad in one or more foreign countries. As such, each User unconditionally consents to Stiebel Eltron transferring their collected data to such foreign jurisdictions as Stiebel Eltron’s servers and/or other storage devices/services may be situated. Stiebel Eltron does however undertake to abide by all rules and regulations dictated by law in this regard.
27.4 Subject to any provisions contained herein or in the Agreement, no User’s information will be released to any third party/ies without the User’s prior consent. Stiebel Eltron will not sell or rent any of a User’s personal information to third parties for their marketing purposes and only shares Users’ personal information with third parties as described in this Policy.
27.5 Each User herewith provides Stiebel Eltron with the right to disclose and share the User’s information with and to:
27.5.1 Stiebel Eltron’s Group Companies;
27.5.2 Stiebel Eltron’s partners and associates, for as far as may be relevant and required in order to provide the services and products to the User. It is recorded that Stiebel Eltron’s partners and associates have their own privacy policies, and Stiebel Eltron will not be held responsible for their operations, including, but not limited to, their information practices, once a User’s personal information has been given to them, either by Stiebel Eltron or by the User directly when transacting with such Stiebel Eltron partners and associates;
27.5.3 government and law enforcement agencies;
27.5.4 credit and other payment card providers;
27.5.5 where the law requires that Stiebel Eltron disclose such information;
27.5.6 where Stiebel Eltron has received the User’s consent to disclose his/her/its information to another person/entity; and
27.5.7 where Stiebel Eltron has reason to believe that a disclosure of information is necessary to identify, contact or bring legal action against a User who may be in breach of this Policy and/or the Agreement, or may be causing injury to Stiebel Eltron’s rights or property, other Users, Stiebel Eltron’s partners and associates or anyone else that could be harmed by such activities.
28. Non-personal Information
28.1 Notwithstanding anything contained in this Policy regarding a User’s information, the following information is not regarded as personal information for purposes of this Policy:
28.1.1 permanently de-identified information that does not relate and/or cannot be traced back to a User specifically. Stiebel Eltron may compile, use, share and otherwise process such information as Stiebel Eltron deems fit;
28.1.2 non-personal statistical information collected and compiled by Stiebel Eltron. Stiebel Eltron owns and retains all rights in such information;
28.1.3 information which a User has provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, albums, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this Policy. Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes and Users should accordingly be careful when deciding to share any personal information in such public environments.
29.1 The Website is not targeted at children under the age of 18. Stiebel Eltron will not knowingly collect information from persons in this age group. We encourage parents to talk to their children about the use of the Internet and information they disclose to and on websites.
30.1 Subject to the provisions of RICA, each User agrees to permit Stiebel Eltron to intercept, block, filter, read, delete, disclose and use all Communications the User sends or posts.
30.2 Each User agrees and acknowledges that the consent the User provides above, satisfies the “writing” requirement specified in ECTA and in RICA.
31.1 The Website (and the Materials) may include technical, typographical and/or other inaccuracies and each User is urged to contact Stiebel Eltron to confirm all information contained in/on the Website (and the Materials) before placing any reliance thereon. Changes are periodically made to the information in/on the Website (and the Materials) and these changes will be incorporated in new editions/versions of the Website (and the Materials). Stiebel Eltron reserves the right to alter and/or amend any criteria and/or information set out in/on the Website (and the Materials) without notice.
31.2 Stiebel Eltron makes reasonable effort to update the information provided via the Website (and the Materials) in a timely manner. Stiebel Eltron cannot however (nor does it) warrant, represent, undertake, purport and/or guarantee that the information provided via the Website (and the Materials) is accurate, complete and/or reliable. Stiebel Eltron shall not be bound by or under, nor shall it be liable, responsible or accountable (in any form or manner) for or under, any information contained in/on the Website (and the Materials).
32.1 Stiebel Eltron will take all reasonable steps towards ensuring the integrity, security and confidentiality of each User’s information.
32.2 Each User should however (and does) take note that Stiebel Eltron cannot (nor does it) guarantee, warrant, undertake and/or purport the security of any information transmitted via the Internet (or other electronic communication) to or from the Website and as such, each User agrees that transmission of such information is at the User’s own and sole risk, liability and accountability.
32.3 Users should not divulge their Website related account password/s (if any) to anyone. Stiebel Eltron will never ask any User for her/his/its password in an unsolicited telephone call or e-mail. Users are responsible for maintaining the secrecy of their unique Website related password/s and account information (if any) at all times.
32.4 If a User is a legal entity and not an individual, Stiebel Eltron will liaise only with the User’s named contact or alternative contact provided by the User’s named contact. It is the User’s responsibility to let Stiebel Eltron know of any changes to the User’s named contact.
33. Viruses and Back-Ups
33.1 Each User’s attention is drawn to the fact that internet access, e-commerce and electronic communication, may expose Users to viruses, malware and other malicious items. It is each User’s sole and absolute responsibility and liability to ensure that he/she/it has sufficient anti-virus software and protocols in place, so as to safeguard himself/herself/itself, his/her/its hardware, his/her/its software and his/her/its data against virus, malware and/or other malicious attacks/infections.
33.2 It will at all times be an remain each User’s sole and absolute responsibility, risk and liability to ensure that he procures and maintains sufficient back-ups of any and all of his data.
33.3 Stiebel Eltron will never be liable, at risk, responsible and/or accountable towards any User (or anyone else), albeit for damages or otherwise, as a result of the User’s hardware, software and/or data being infected with, and/or corrupted by, any viruses, malware and/or other malicious items, and/or as a result of the User failing to procure and maintain sufficient data back-ups.
33.4 Stiebel Eltron has taken reasonable precautions in an attempt to ensure that viruses, malware and other malicious items are removed from the Website, but at the same time, Stiebel Eltron cannot ensure that no viruses and/or malware are contained in/on the Website. Stiebel Eltron assumes no accountability, liability, risk and/or responsibility in this regard and each User is requested and urged to take all necessary precautions to safeguard the User’s computer before downloading any information from the Website.
34. Information officer
34.1 Should the User have any further questions or would like information about information that relates to the User, the User should submit his/her/its written request to Stiebel Eltron’s information officer. The User is also entitled to request the correction, blocking or deletion of the information, provided this is not prohibited by statutory regulations.
Stiebel Eltron Southern Africa (Pty) Ltd
30 Archimedes Road, Wendywood, Johannesburg, Gauteng, 2090
Telephone: 010 001 8547
35.1 Should the User believe that Stiebel Eltron is not processing his/her/its information in accordance with this Policy or the applicable law, the User can lodge a complaint with Stiebel Eltron’s information officer. The information officer will look into the matter and inform the User of the outcome.
36. Disclosure of data to third parties
36.1 As a general principle, Stiebel Eltron does not transfer any information to third parties other than for the purposes explained in this Policy. However, should Stiebel Eltron be obliged to do so by law or court order, Stiebel Eltron will endeavor to transfer the User’s information to the authorities entitled to receive information.
37. Dispute Resolution
37.1 If any claim or dispute arises in relation to this Policy or a User’s accessing of, use of and/or interaction with the Website, such claim or dispute will be submitted to the exclusive jurisdiction of the South African courts.
37.2 Notwithstanding that stated above, any party to the dispute or claim may, at its sole option prior to the commencement of litigation, refer such claim or dispute to arbitration in South Africa before a single arbitrator. The arbitrator shall be appointed, on the application of either party to the dispute, by the Arbitration Foundation of South Africa. The arbitrator’s award shall be final and binding on the parties to the dispute. The venue for the arbitration shall be such a venue nominated by Stiebel Eltron in Johannesburg.
38.1 The provisions of this Policy are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the Policy.
38.2 Stiebel Eltron’s failure or delay to exercise any particular right or provision of the Policy shall not constitute a waiver of such right or provision, whether this is done expressly or implied, nor will it affect the validity of any part the Policy or prejudice Stiebel Eltron’s right to take subsequent action against the User, unless acknowledged and agreed to by Stiebel Eltron in writing.
38.3 Stiebel Eltron shall not be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. The Policy supersedes and replaces all prior commitments, undertakings or representations, whether written or oral, between the User and Stiebel Eltron in respect of the subject matter hereof.
38.4 Stiebel Eltron shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of the Policy without the consent of any User being obtained at any time whatsoever and/or in any manner whatsoever.
38.5 Should Stiebel Eltron be prevented from fulfilling any of its obligations to a User as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Stiebel Eltron is so prevented from fulfilling them. In the event that force majeure continues for more than fourteen days after it has fist occurred then Stiebel Eltron shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of the Policy by giving notice to a User. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitous, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority,any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.