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PRIVACY POLICY FOR USERS OF NELT ONLINE PLATFORM FOR PROFESSIONAL BUYERS

INTRODUCTION - WHAT THIS PRIVACY POLICY IS ABOUT

Please read this Privacy Policy for users of Nelt online platform for professional customers (Policy) carefully in order to understand how we collect, use, and process your personal data. This Policy applies to personal data processed through the Nelt Market - Nelt Group's online platform for professional customers (Platform). It is intended for users of the Platform, who are legal entities and entrepreneurs, and who purchase products distributed by Nelt Group through via the Platform, to the extent permitted by the Data Protection Act No. 3 of 2021 of Zambia and the Electronic Communications and Transactions Act No. 4 of 2021 of Zambia (Platform Users or Users), as well as representatives of Platform Users, natural persons, who access and use the Platform on behalf of the User.
We will explain, in detail, the ways in which we protect your privacy, how you can check and access your data at any time, request its correction and deletion, as well as how to exercise other rights that belong to you, in relation to personal data, and how we supervise the strict application of this Policy. You confirm that you are familiar with the terms of this Policy by using the Platform. Nelt Group reserves the right to change the terms of this Policy, occasionally, so please check the latest version of the Policy published on the Platform.

PERSONAL DATA HANDLER

The handler of personal data, processed through the Platform, is NELT ZAMBIA Limited, a limited liability company incorporated in accordance with the Companies Act No. 10 of 2019 of the Republic of Zambia, company registration number 120120101255, and having its registered office at Mwembeshi Road Plot 12592 B/C, Post Net Box 685 Manda Hill, 10101 Lusaka, Zambia (hereinafter: Nelt or we).

CATEGORIES OF PERSONAL DATA WE PROCESS, PURPOSES AND METHOD OF PROCESSING

After registration on the Platform, we process the following personal data:

• Name and surname of the Platform User’s representative;
• Phone number of the Platform User’s representative;
• E-mail address of the Platform User's representative; and
• Username and password for registration of the Platform User’s representative.

We primarily process this personal data in order to be able to conclude a contract with Platform Users on the delivery of goods offered through the Platform, as well as to be able to implement that contract, i.e., provide services to Platform Users, all at their request sent via their Platform account. The above data are processed electronically.

We can also use the contact data of Platform Users left on the Platform for the purpose of direct marketing, primarily for the purpose of sending advertising and promotional materials to Platform Users. Contact data left on the Platform may also include contact data for representatives of Platform Users, in which case this data may be used to send advertising and promotional materials to Platform Users. In no case will we use the contact data for representatives of Platform Users to send advertising and promotional materials to representatives of Platform Users in a private capacity, without their express consent. The aforementioned marketing activities will be carried out via e-mail or telephone, i.e., advertising, and promotional material is sent to Users to the provided email address or phone number, and/or via other available means of electronic communication.

Your personal data will be kept confidential. They will only be used for the purposes for which they were acquired, or if necessary for our compliance with legal and audit obligations.

THIRD PARTIES – PERSONAL DATA RECIPIENTS 

Nelt informs you of the fact that it can transfer your personal data - in accordance with relevant regulations on data protection, and above all in accordance with the Data Protection Act No. 3 of 2021 of the Republic of Zambia – to bodies that implement laws, by-laws and other imperative acts, state bodies, legal advisers, or external consultants. In the event of a merger, acquisition, or other status change at Nelt, personal data may be transferred to third parties participating in the merger or acquisition process.

In certain cases, when it is necessary to achieve the purposes stated in this Policy, your personal data can be accessed and used by affiliated companies of Nelt. In addition, Nelt may, in order to achieve the stated purposes of processing, deliver your personal data (that is, provide access) to third parties who will process such personal data exclusively as so-called data processors, and in everything exclusively in accordance with the Data Protection Act no. 3 of 2021  and within the instructions given by Nelt.

In case of a transfer of personal data outside the Republic of Zambia, Nelt will act in full accordance with the rules for the transfer of personal data to other countries and international organizations in accordance with Part X of the Data Protection Act No. 3 of 2021 of the Republic of Zambia, taking into account whether the target destination of the data transfer is a country signatory to the African Union Convention on Cybersecurity and Personal Data Protection (Convention) or not. In particular, in case of a possible transfer to one of the countries that are not signatories to the Convention, Nelt will take all necessary measures to ensure that the transfer to those countries is adequately protected as required under the said Data Protection Act No. 3 of 2021.  

LEGAL BASIS FOR PERSONAL DATA PROCESSING

We base the processing of your personal data via the Platform on the following legal basis:

• you have consented to the processing of your data for one or more specific purposes (e.g., in case of processing personal data for the purpose of direct marketing);
• processing is required for the enforcement of a contract in which you are a representative of one of the parties or for the purpose of taking steps, at your request, prior to contract conclusion (e.g., conclusion and execution of a purchase and sales contract via the Platform);
• processing is required to comply with legal obligations we are subject to;
• processing is necessary for the realization of legitimate interests that we or a third party seeks to protect, except where such interests are overridden by your interests or fundamental rights and freedoms which require the protection of personal data, especially if you are a child or a minor;
• processing is necessary in order to protect your vital interests or the vital interest of another natural person;
• processing is necessary for performance of a task carried out in the public interest or in the exercise of official authority vested in Nelt.

You submit your personal data on a voluntary basis, unless the obligation to collect is stipulated as our legal obligation. Failure to provide personal data may lead to unfavorable aspects for you as a user, e.g., you will not be able to receive certain services, benefits and services. 

WHAT ARE YOUR RIGHTS AND HOW CAN YOU EXERCISE THEM

In accordance with the conditions and to the extent foreseen by the Data Protection Act No. 3 of 2021 under Part IX, you have the right to:

1. request information about whether we process(ed) your personal data, and request access to that data, as well as information foreseen by the said Data Protection;
2. request for the correction of inaccurate personal data or addition of your personal data,
3. request the deletion of your personal data as soon as practicable;
4. request the restriction of the processing of your personal data;
5. request that your personal data, which you possibly previously delivered to us in a structured, commonly used and electronically readable form, transfer to another operator;
6. object to the processing of your personal data,
7. not apply to you a decision made solely on the basis of automated processing, including so called profiling.

If you have given your consent to the specific collection, processing, and use of your personal data, you have the right to withdraw your consent at any time, with effect for the future. Revocation of consent does not affect the permissibility of personal data processing that was carried out on the basis of consent before revocation. After revoking consent, we will stop processing the relevant personal data, unless there is some other reason for processing such personal data.

To exercise your rights or to object to the way your personal data is processed, please contact us as set out in the section entitled "Contact Us" below. Please send your request regarding the exercise of rights related to your personal data with a clear indication: which of your personal data do you want to access and review, which of your personal data do you want to supplement, correct or delete, transfer, i.e., which of your personal data do you object to processing and for what reasons. Your request should be signed and dated. Nelt will respond to your request as soon as possible, and certainly within the deadlines defined by the  Data Protection Act No. 3 of 2021 and send you the appropriate notification.

In case of an objection to the processing of your personal data, you also have the right to file a complaint with the Data Protection Commissioner. Should you be aggrieved with the decision of the Data Protection Commissioner, you may appeal the decision of the Data Protection Commissioner to the High Court within thirty days of the Data Protection Commission’s decision.

RETENTION PERIOD FOR PERSONAL DATA

Your personal data is retained as long as it is necessary to provide you with the requested services, benefits, and services. When our relationship ends, we will either delete your personal data or anonymize your personal data, unless there are legal requirements to retain it (for example, for tax purposes). In addition, applicable law may require us to retain certain personal data for a period of 10 years, after the end of the relevant tax year. We may also retain your personal data after termination of the contractual relationship (or de-registration from the Platform) if your personal data is required to comply with other applicable laws or if we need your personal data to establish, exercise or defend legal claims, only when it is necessary. To the extent possible, we will limit the processing of your personal data to those limited purposes, after the end of the contractual relationship. In any case, we will not retain your personal data for a period longer than is really necessary, unless there is a legal requirement for doing so.

SECURITY OF PERSONAL DATA

Nelt stores your personal data in a secure environment. We take appropriate security measures to protect your personal data and information from unauthorized access, use, loss, or disclosure. These systems and measures are regularly tested and updated, as required.

Taking into account the level of technological achievements and the costs of their application, the nature, scope, circumstances, and purpose of processing, when processing your data:

• we apply appropriate technical, organizational and personnel measures, such as pseudonymization, in order to ensure the effective protection of your personal data,
• we apply the necessary protection mechanisms during processing, in order to meet the conditions for processing your data and protecting your rights.

We hereby inform you that by constantly applying appropriate technical, organizational and personnel measures, we ensure that only personal data of yours that are necessary for the achievement of each individual purpose of processing, will be processed. This obligation is applied in relation to the number of collected data, the scope of its processing, the term of its retention and its availability.

However, the transmission of information via the Internet is never completely secure, so although we strive to protect personal data, we cannot guarantee the security of information transmitted via the Platform.

LINKS

The Nelt Market Platform website may contain links to other websites that are not covered by this Policy. If you access other websites using the links provided, the operators of those websites may collect information from you that they will use in accordance with their own privacy policies, which may differ from ours. Nelt is not responsible for data collected by other websites outside of the Nelt Market.

CONTACT US

Nelt is committed to protecting the privacy of all Platform users. If you have any questions regarding this Policy, please contact us using the contact details provided below. This Policy applies to all pages on the Platform. It does not apply to websites of other organizations, including websites for related organizations and third parties.

If you have any questions regarding this Policy, please contact us via the Contact Us form at the link. NeltMarket
Nelt Zambia Limited.
Phone: +260 211 844 048
E-mail: komunikacije@nelt.com