Privacy Policy
1. Who We Are
SGM New Energy (Pty) Ltd ("SGM New Energy", "we", "us", "our") is a legally registered company operating from Cape Town, South Africa. We provide energy efficiency solutions, international gold trading, project funding facilitation, and fuel supply services.
For the purposes of POPIA, SGM New Energy is the Responsible Party in respect of personal information collected through this website and through our business operations.
2. Information We Collect
We may collect and process the following categories of personal information:
- Identity information: First name, surname, company name, position or title
- Contact information: Email address, telephone number, physical or postal address
- Financial and transactional information: Banking details, instrument details, and transaction-related documentation provided in the context of gold trading or funding enquiries
- Communication records: Correspondence submitted via our contact form, email, or other means
- Technical information: IP address, browser type and version, time zone, browser plug-in types, operating system, and other technology identifiers on the devices used to access our website
- Usage data: Information about how you use our website, including pages visited, time spent, and referring URLs
- Document uploads: Letters of Intent, bank confirmation letters, and other documents submitted through our Gold Trading enquiry form
We do not knowingly collect sensitive personal information (as defined in POPIA) unless expressly required for a specific transaction and with your informed consent.
3. How We Collect Your Information
We collect personal information through the following means:
- Directly from you when you complete and submit our contact or enquiry forms
- Through documents you upload via our Gold Trading enquiry portal
- Through email, telephone, or other direct communication
- Automatically through cookies and analytics tools when you browse our website (see our Cookies Policy)
- From publicly available sources where relevant to our business due diligence processes
4. How We Use Your Information
We process your personal information for the following purposes, each supported by a lawful basis under POPIA:
- To respond to enquiries: Processing your contact form submissions and responding to your questions or requests
- To facilitate transactions: Processing gold trading enquiries, reviewing qualification documents, and executing Sales and Purchase Agreements
- Anti-money laundering and compliance: Conducting Know Your Customer (KYC) and Anti-Money Laundering (AML) checks as required by applicable law
- To provide our services: Delivering energy solutions, funding referrals, and fuel supply services
- To improve our website: Analysing usage data to improve content and user experience
- Legal obligations: Complying with applicable South African and international laws and regulations
- Legitimate business interests: Protecting our rights, preventing fraud, and managing our business relationships
5. Sharing of Your Information
We do not sell, rent, or trade your personal information to third parties for marketing purposes. We may share your information in the following limited circumstances:
- Service providers: Third-party service providers who assist us in operating our website, conducting our business, or servicing you, subject to appropriate confidentiality agreements
- Transaction counterparties: In the context of gold trading transactions, information may be shared with relevant refineries, logistics providers, or banking counterparties to the extent necessary to execute the transaction
- Legal and regulatory authorities: Where required by law, court order, or regulatory requirement, including anti-money laundering reporting obligations
- Business transfers: In the event of a merger, acquisition, or sale of all or part of our business, personal information may be transferred as part of that transaction
Any third party with whom we share your information is required to keep it confidential and to use it only for the purposes for which it was shared.
6. International Transfers
Given the international nature of our gold trading operations, personal information may be transferred to, and processed in, countries outside of South Africa. Where such transfers occur, we take appropriate steps to ensure that your information is protected in accordance with applicable data protection standards, including obtaining the necessary contractual protections or relying on recognised transfer mechanisms.
7. Retention of Your Information
We retain personal information only for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable law. Specifically:
- Contact and enquiry records are retained for a minimum of three (3) years from the date of last contact
- Transaction-related records, including gold trading documentation, are retained for a minimum of five (5) years in accordance with South African financial record-keeping requirements
- Website usage and analytics data is retained in accordance with the retention policies of the relevant analytics provider
8. Your Rights Under POPIA
As a data subject under POPIA, you have the following rights in respect of your personal information:
- Right to access: You may request a copy of the personal information we hold about you
- Right to correction: You may request that we correct inaccurate or incomplete personal information
- Right to deletion: You may request the deletion of your personal information, subject to our legal obligations to retain certain records
- Right to object: You may object to the processing of your personal information on grounds relating to your particular situation
- Right to lodge a complaint: You have the right to lodge a complaint with the Information Regulator of South Africa if you believe your rights have been infringed
To exercise any of these rights, please contact our Information Officer using the contact details below.
9. Security of Your Information
We implement appropriate technical and organisational measures to protect your personal information against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access. These measures include secure server infrastructure, encrypted data transmission (HTTPS), restricted access to personal information, and staff awareness of data protection obligations.
However, no method of transmission over the internet or electronic storage is completely secure. While we strive to protect your personal information, we cannot guarantee its absolute security.
10. Children's Privacy
Our website and services are not directed at individuals under the age of 18. We do not knowingly collect personal information from children. If you believe we have inadvertently collected information from a child, please contact us immediately and we will take prompt steps to delete such information.
11. Third-Party Links
Our website may contain links to third-party websites. This Privacy Policy applies only to the SGM New Energy website. We are not responsible for the privacy practices of third-party websites and encourage you to review their privacy policies before providing any personal information.
12. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or applicable law. Any changes will be posted on this page with an updated revision date. We encourage you to review this policy periodically. Continued use of our website following the posting of changes constitutes your acceptance of the updated policy.
13. Information Officer & Contact
In terms of POPIA, SGM New Energy has designated an Information Officer responsible for ensuring compliance with data protection obligations. To exercise your rights or for any privacy-related enquiries, please contact us:
SGM New Energy (Pty) Ltd
Information Officer
Cape Town, South Africa
Submit a Privacy Enquiry
You may also lodge a complaint with the Information Regulator (South Africa) at www.justice.gov.za/inforeg if you believe your personal information rights have been violated.