Author: Compliance Department

1. Introduction:

o             POPI is the abbreviated term for the Protection of Personal Information Act (“the Act”). The Act is distinguished from other similar pieces of legislation worldwide because the “personal information” as devinded in the Act refers to ANY information relating to an identifiable, living natural person or juristic person. This means that there is not only a requirement to safeguard the personal information of an individual but that of customers and suppliers as well;

o             POPI therefore requires that Ehochis International inform their customers as to the manner in which their personal information is used, disclosed and destroyed and commits to customers that their privacy will be protected by ensuring that their personal information is used in an appropriate and secure manner in accordance with applicable laws;

o             This Policy is available on our website www.ehochisInternational.com and by request from our Information Officer or Customer Service Reprehensive at Ehochis International.

2. Collection of Personal Information:

o             The Act provides that personal information may only be processed if, given the purpose for which it is processed, it is adequate, relevant and not excessive.

 

• In this regard, Ehochis International collects and processes the personal information of its customers for the purposes of:
• Using such information for the development of payments services from customers;
• Conducting due diligences on the customer with reference to complying with Ehochis International’s policies relating to fraud, crime, money laundering, anti-trust, anti-bribery and corruption and sanction listed companies internationally;
• Marketing purposes in print and digital media;
• Confirming and verifying their details on record;
• For record and audit purposes;
• In connection with and complying with legal and statutory requirements or otherwise allowed by law;
• Necessary for pursuing the legitimate interests of Ehochis International which the customer trades with;
• In all material instances, the consent of the customer is obligated based on the fact that Ehochis International makes the customer aware of what information is required to be collected and processed, why it is collected, how it will be collected and processed, where it will be processed and to whom that information will be given to.
• The starting point with regards to the collection of personal information of customers lies in Ehochis International’s respective Standard Terms and Conditions in respect of which the Customer provides consent for the use of its information to assess the creditworthiness of the Customer by Ehochis International when it fills in and signs the Credit Application Form. By signing the Credit Application Form, and subject to no deletions in this regard, the Customer is deemed to have provided consent;
• In some cases, a Customer refuses to accept Ehochis International’s Standard Terms and Conditions and will insist that their terms and conditions of trade with Suppliers is signed instead. Such terms and conditions are, as per the Contract Management Policy of Ehochis International, required to be sent to Ehochis International’s Legal for assessment. If such terms and conditions do not provide similar consent, it shall still remain the policy of Ehochis International to abide by the provisions of the Act by collecting and processing information in the manner as contemplated in 2.2.

3. Parameters of Disclosure of Personal Information:

 

• A customer’s personal information may be disclosed from Ehochis International to our sister companies for the purpose of providing the customer with the opportunity to engage with our affiliated companies range of products housed in the respective companies. However, personal information relating to a customer for trade shall follow the same procedure in the collection and processing of the customer personal information as contemplated in 2.2 above;
• A customer’s personal information may also be disclosed to third parties with whom Ehochis International trades with or Ehochis International is required to do so in terms of applicable legislation, the law or where deemed necessary to protect the rights of Ehochis International;
• In terms of 3.1 and 3.2, Ehochis International’s Finance Department is responsible for the collection and processing of Customer information regarding the activation of the Customer from an incidental credit perspective. With particular reference of 3.2, if it is necessary for the personal information of the Customer to be disclosed to third parties. In accordance with the provisions of: (a) assessing the creditworthiness of the Customer and (b) conducting due diligence on the customer with reference to complying with Ehochis International’s policies relating to fraud, crime, money laundering, anti-trust, anti-bribery and corruption and sanction listed companies internationally;
• In terms of 3.3, it is contemplated that providing the Customer information to such third parties, would also be a necessary requirement for pursuing the legitimate interests of Ehochis International provided that such service providers themselves have a duty of responsibility to collect and process such information for the specific purpose required.

4. Amendments to Personal Information:

• Customers have the right, at all material times, to access the information in the possession of Ehochis International and further the customer can ask for the updating, collection or deletion of personal information on reasonable grounds. The deletion of personal information is subject to Ehochis International not being restricted to comply therto by means of prevailing legislation or to protect the legitimate interest of Ehochis International;
• Ehochis International shall take all reasonable steps to confirm a customer’s identity before providing details of their personal information or making changes to personal information.

5. Safeguarding Customers Information:

• The condition imposed by POPI requires Ehochis International adequately protects the personal information of the customer and in this regard, key consideration will be given taking into account the following:
• The integrity and confidentiality of personal information in possession by taking appropriate and reasonable measure to prevent the loss or damage to or unauthorized destruction of personal information and unlawful access to or processing of personal information of the customer
• Have regard to generally and reasonably accepted information security practices and procedures;
• Take reasonable steps to identify reasonable and foreseeable risks of personal information in the possession of Ehochis International and establish and maintain safeguards against the risks identified and implement the safe guards, continually update them and regularly verify them.
• With specific reference to the personal information obtained from a Customer by Ehochis International Finance Department, access to the departments electronic files are restricted to designated Managers and employees who are required to process the date with permitted authorization levels to access such data. Physical documents of Customers personal information is filed under lock and key with Ehochis International’s Finance Department, restricted from any third parties.
• All Ehochis International’s electronic files/data are backed up daily and stored securely and safeguards are in place for the protection of such files and data which is administered by Ehochis International’s IT Department along strict protocols;

6. Access to Documents:

• It is a mandatory requirement at Ehochis International that the information belonging to Ehochis International and those of a customer must be dealt with in strict confidence and may only be disclosed where there is no fear of redress such as:
• Disclosure is subject to a legal (statutory or regulatory) requirement;
• Where there is a duty to the public to disclose such as where the public interest outweighs any interference with privacy of the individual or customer or to prevent or mitigate a serious or imminent threat to public health;
• Where the interests of Ehochis International require disclosure;
• Where the disclosure is made with the express or implied consent of the customer;

Disclosure to Third Parties

• All employees of Ehochis International have a duty of confidentiality to the company and have signed acknowledgement of such duty with the Ehochis International where they are employed. Accordingly, customer information may only be given to a third party if the customer has consented thereto in writing and Ehochis International’s Management or Financial Officer has confirmed agreement thereto as well;
• Confidential information or information belonging to Ehochis International may not be disclosed to third parties without the consent of Management and the Financial Officer.

7. Storage of Documents:

• The storage of hard copy documents, whether they are Ehochis International’s documents, customer information and supplier information may be required to be kept for periods as stipulated by prevailing legislation. Accordingly, the request by customer to destroy personal 8nformation may not be complied with due to a prevailing statutory of regulatory requirement. In the event of uncertainty, contact Ehochis International for clarity;
• A few examples are:
• Company policy – 7 years and in some cases indefinitely;
• Financial Intelligence Centre Act (FICA) – 5 years
• Compensation for Occupational Injuries & Diseases Act (COIDA) – Vary from 3 years to 40 years;
• South African Revenue Services Act – 5 years
• Electronic storage of information at Ehochis International must be done in conjunction with our IT company and comply with the policies and procedures of Ehochis International IT;
• The Electronic Communications Act of 2005 requires that personal information and the purpose for which the data was collected must be kept by the person who electronically requests, collects, collates processes or stores the information and a record of any third party to whom the information was disclosed must be retained for a period of 1 year or for as long as the information is used. In this regard, IT is required to ensure that such “Business Information” is stored and archived in line with Ehochis International’s policy on the Control and Retention of Documents and Records.
• Personal information that has become obsolete must be destroyed. Obsolescence does not require a consent to be destroyed other than confirmation thereof from the Information Officer. Such obsolete information must be destroyed in a manner that it is not able to be reconstituted in a legible format.
• Ehochis International has a policy and procedure for the storage of and destruction of electronic data;

8. Ehochis International Information Officer

 

Terms & Conditions

Please read these terms and conditions carefully before browsing this website. Your continued use of this website indicates that you have both read and agreed to these terms and conditions. Please do not continue to use this website or any related services if you do not accept these terms and conditions.

Welcome:

Welcome to our website and thank you for reading these terms and conditions. These terms and conditions govern your use of this Online shop/website and all facilities and services made available through it by Super Hydraulics (Pty) Ltd T/A Ehochis International, registration number: 64537838265, (here forth known as “Ehochis International”). Access to and use of our online shop is subject to our general terms and conditions as set out herein (“Terms and Conditions”) and our Privacy Policy.

General:

These terms and conditions apply to all the web pages related to our online shop / website and should be read together with our Privacy Policy (Ehochis International POPI Policy).

POPI Act: These terms and conditions govern your relationship with us and constitute a valid and binding agreement between you, the user, and the Business. We reserve the right, and may in our sole discretion choose to amend these terms and conditions at any time and in any manner that we deem appropriate. This includes the right to change, modify, add or remove portions or the whole of our terms and conditions from time to time.

Use of the Online Shop/Website

You agree that your use of this Online Shop/Website is for lawful purposes only. You agree that you will not use this website for any unlawful purpose, including committing a criminal offence, gaining unauthorised access to other computer systems, or transmitting unlawful material. By using this website, you agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of this website and/or its contents contrary to these terms and conditions. We reserve the right to suspend access to and/or use of our Online Shop/Website, or any part thereof, and/or terminate your user account (if applicable) at any time if we, in our sole discretion, determine that you have not used the website in accordance with these terms and conditions. Your access to our Online Shop/Website is permitted on a temporary basis, and we reserve the right to withdraw or amend such access without further notice.

Access

By accessing our Online Shop/Website and/or using our online facilities, you warrant that you have attained majority status (18 years of age or older), are emancipated or have your parents/legal guardian`s consent to be bound by these terms and conditions. You further warrant that your legal capacity is not diminished due to mental incapacity.

Availability and Accuracy of Website Content

Although we take reasonable measures to ensure that the website is available to you at all times, you agree that we shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or your access or use of the website. We shall not be liable, if for any reason, this Online Shop/Website is unavailable at any time or for any period.

Although we strive to take reasonable steps to ensure that information on our website is accurate and as up-to-date as possible, we do not warrant that the content or information displayed is/shall always be accurate, complete and/or current and you should not assume that this is always the case, and should consult with us before making any decision to act on this information.

Disclaimer & Limitation of Liability

You expressly agree that the use of this Website is entirely at your own risk. The Website and all its contents are provided on an “as is” basis, and we make no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the website. We do not warrant that the website’s functions will be uninterrupted or error-free, or that the site or its server is free from viruses or other harmful components.

We accept no liability, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of the Website.

Wherever this Website provides links to other websites, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at your own risk.

Intellectual Property

The intellectual property rights in all software and content (including photographic images, logos, text, images, video, audio or other material) made available to you on or through this Website remains the property of the Business and/or its licensors. All such proprietary works, and the compilation of such proprietary works, are the subject of copyright and which belongs to the Business, its affiliates or subsidiaries, and/or any third-party owner of such rights (the “Intellectual Property Owners”) and is protected by South African and international copyright laws and treaties around the world. All such rights are reserved by the Business and its licensors. You may however store, print and display the content supplied, but solely for your own personal use.

This Online Shop/Website and its contents may not be reproduced, duplicated, copied, resold or otherwise used for any commercial purpose without the express prior written consent of the Business.

All rights in and to the relevant intellectual property in question is reserved and retained by the relevant Intellectual Property Owners. Except as specified in these Terms and Conditions, you are not granted a license or any other right including without limitation under any copyright, trademark, patent or other intellectual property in or to the content.

Governing Law

The law governing these Terms and Conditions, including without limitation its interpretation and all disputes arising out of these Terms and Conditions, is the law of the Republic of South Africa and the parties submit to the exclusive jurisdiction of the South African courts in respect of any matter arising from or in connection with these Terms and Conditions.

Severability

Whenever possible, each provision of these Terms and Conditions shall be interpreted in a manner which makes it effective and valid under applicable law, but if any part of these Terms and Conditions is held to be illegal, invalid or unenforceable under applicable law, that illegality, invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions, all of which shall remain in full force.

Indulgence

Any relaxation, indulgence or delay (together “Indulgence”) by the Business in exercising, or any failure by the Business to exercise, any right under these Terms and Condition shall not be construed as a waiver of that right and shall not affect the ability of the Business to subsequently exercise that right or to pursue any remedy, nor shall any Indulgence constitute a waiver of any other right.

Contact Us

We welcome your comments and questions regarding these Terms and Conditions. Kindly direct any comments and questions to us via our Contact page