1.1. Thank you for visiting https://www.bp.com/en_mw/malawi/home.html. We welcome your interest in this website. The company responsible for it is:
BP Southern Africa (Pty) Ltd199
Oxford Road, Oxford Parks, Dunkeld, 2196
1.2. We take your privacy seriously and want you to understand our practices with respect to the handling of your personal information. This Statement explains how we do this.
1.3. This website has links to other sub-sites for BP business, products and services, which may also have their own Statements. Please read these if you visit the sub-sites.
1.4. For purposes of this Statement:
1.4.1. “Applicable Laws” means all laws, regulations that BP is required to comply with;
1.4.2. "BP " or “we” or "us" means BP Southern Africa (Pty) Ltd, Registration number 1924/002602/07 and its direct and indirect subsidiaries; and
1.4.3. "Client" or “you” means any prospective, new or existing client of BP and its subsidiaries.
1.5. This Statement sets out how your personal information will be used by BP and applies to any information, including personal and special personal information, you give to BP or which BP may collect from third parties.
1.6. It is important that you read this Statement carefully before submitting any personal information to BP.
1.7. By submitting any personal information to BP, you provide consent to the processing of your personal information as set out in this Statement.
1.8. The provisions of this Statement are subject to mandatory, unalterable provisions of Applicable Laws;
1.9. Please do not submit any personal information to BP if you do not agree to any of the provisions of this Statement. If you do not consent to the provisions of this Statement, or parts of the Statement, BP may not be able to provide its products and services to you.
3.1. We may amend this Statement from time to time for any of the following reasons:
3.1.1. to provide for the introduction of new systems, methods of operation, services, products, property offerings or facilities;
3.1.2. to comply with changes to any legal or regulatory requirement;
3.1.3. to ensure that our Statement is clearer and more favourable to you;
3.1.4. to rectify any mistake that may be discovered from time to time; and/or
3.1.5. For any other reason which BP, in its sole discretion, may deem reasonable or necessary.
3.2. Any such amendment will come into effect and become part of any agreement you have with BP when notice is given to you of the change by publication on our website. It is your responsibility to check the website often.
4.1. BP takes your privacy and the protection of your personal information very seriously, and we will only use your personal information in accordance with this Statement and applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all passwords and access codes are kept secure).
4.2. We have implemented reasonable technical and operational measures to keep your personal information secure.
4.3. You hereby indemnify and hold BP harmless from any loss, damages or injury that you may incur as a result of any unintentional disclosures of your personal information to unauthorised persons or the provision of incorrect or incomplete personal information to BP.
5.1. When you access this site or request information through this site (e.g. if you email us or subscribe for free news or information) or, if you chose to purchase goods, products or services from us. We will require some basic personal details such as your name, contact details and financial data. Your personal information will be processed to provide the information, goods, products and services you request in the form that you require.
5.2. In some cases, your personal information will be used to send you voluntary feedback surveys, which will, in turn, ask about your personal opinions, views or preferences towards BP, our processes and our customer service. If you agree to provide us with this information, we will process this data further for research purposes and to improve our offerings to you.
5.3. BP will process your personal information for the purposes stated above for legitimate business reasons. This legitimate interest consists in keeping our information secure and ensuring our staff is adequately trained which we believe is strong enough to outweigh individuals’ right to privacy.
5.4. If you have actively consented to receive further marketing communication from us, which may include contacting you about promotions and special offers, you can withdraw your consent/ unsubscribe at any time by clicking on the link at the bottom of each communication or by emailing us on email@example.com at any time.
5.5. We may also appoint third party suppliers to assist us in providing those products and services including conducting research and surveys on behalf of BP. We also collect personal information from cookies, which we explain more about below.
6.1. We may collect the following information about you:
6.1.1. this information may include your name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, tax number and financial information;
6.1.2. records of correspondence or enquiries from you or anyone acting on your behalf;
6.1.3. details of transactions you carry out with us;
6.1.4. details of contracts, sales or leases you carry out with us;
6.1.5. sensitive or special categories of personal information, including biometric information, such as images, fingerprints and voiceprints.
6.2. Where you provide us with the personal information of third parties you should take steps to inform the third party that you need to disclose their details to us, identifying us. We will process their personal information in accordance with this Statement.
7.2. To learn about what cookies and similar technologies are, we recommend that you visit the following third-party website: www.allaboutcookies.org
7.4. You may provide personal information to us either directly or indirectly (through an agent acting on your behalf, or an introducer), by completing an application form for our products and services or requesting further information about our products and services, whether in writing, through our website, over the telephone or any other means.
7.5. We may also collect your personal information from your appointed agent, any regulator, or other third parties that may hold such information
9.1. We may use, transfer and disclose your personal information for the purposes of:
9.1.1. continuously improving our site content and functionality by analyzing where, on which types of devices and how our site is used, how many visitors we receive, and where they click through to the site from;
9.1.2. remembering you in case you re-visit our site, so we will know if you have already been served with cookie banners, surveys, or (where site content is undergoing testing) which version of the content you were served;
9.1.3. providing you with the services, products or offerings you have requested, and notifying you about important changes to these services, products or offerings;
9.1.4. managing your account or relationship and complying with your instructions or requests;
9.1.5. detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention;
9.1.6. assessing and dealing with complaints and requests;
9.1.7. operational, marketing, auditing, legal and record keeping requirements;
9.1.8. verifying your identity or the identity of your beneficial owner;
9.1.9. transferring or processing your personal information outside of the Republic of South Africa to such countries that may not offer the same level of data protection as the Republic of South Africa, including for cloud storage purposes and the use of any of our websites;
9.1.10. complying with Applicable Laws, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies;
9.1.11. recording and/or monitoring your telephone calls and electronic communications to/with BP in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
9.1.12. conducting market research and providing you with information about BP’s products or services from time to time via email, telephone or other means (for example, events);
9.1.13. where you have unsubscribed from certain direct marketing communications, ensuring that we do not send such direct marketing to you again;
9.1.14. disclosing your personal information to third parties for reasons set out in this Statement or where it is not unlawful to do so;
9.1.15. monitoring, keeping records of and having access to all forms of correspondence or communications received by or sent from BP or any of its employees, agents or contractors, including monitoring, recording and using as evidence all telephone communications between you and BP;
9.1.16. improving or evaluating the effectiveness of BP’s business or products, services or offerings; and
9.1.17. prevention and control of any disease.
9.2. We may from time to time (and at any time) contact you about services, products and offerings available from BP or specific subsidiaries which we believe may be of interest to you, by email, phone, text or other electronic means, unless you have unsubscribed from receiving such communications. You can unsubscribe from receiving such communications by clicking here.
10.1. As an international company, your personal information may be shared with BP’s subsidiaries, our agents and sub-contractors, and selected third parties around the world who process the information on our behalf. In such a case, we do this under a comprehensive, flexible, and global compliance framework. Regardless of the location of our processing, we will impose the same data protection safeguards.
10.2. Furthermore, we will implement appropriate measures and safeguards (including EU standard contractual clauses) to ensure that your personal information is protected in accordance with applicable data protection laws. BP has a data sharing agreement in place signed by all BP entities which includes EU standard contractual clauses.
10.3. We use third-party service providers, for example, to host voluntary customer feedback surveys and process the data for research purposes. Any third-party provider we appoint must act in accordance with our written instructions when processing your personal data and must protect your personal information in line with the contractually required security measures. Where we store or transfer your personal data to a third-party provider based outside Southern Africa, we take steps to ensure your personal data is adequately protected.
10.4. We have the right to disclose your personal information as required by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on BP. If there is a takeover, sale or purchase of our business, we may disclose your personal data to the new (or prospective) owner of the business.
10.5. We may also disclose your personal information to third parties in the following circumstances:
10.5.1. to any other of BP’s subsidiaries, business partners or other third parties to –
10.5.1.1. assess and monitor any of your applications for BP’s products or services;
10.5.1.2. determine which products and services may be of interest to you and/or to send you information about such products and services unless you object or choose not to receive such communications
10.5.1.3. have a better understanding of your circumstances and needs to provide and improve BP’s products and services;
10.5.1.4. to any relevant person and/or entity for purposes of prevention, detection and reporting of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combatting of crime;
10.5.2. to any regulator or supervisory authority, including those in foreign jurisdictions, if BP is required to do so in terms of Applicable Laws;
10.5.2.1. to a prospective buyer or seller of any of our businesses or assets;
10.5.2.2. to any person, if we are under a duty to disclose or share your personal information in order to comply with any Applicable Laws, or to protect the rights, property or safety of BP, other clients or other third parties; and/or
10.5.2.3. to your agent or any other person acting on your behalf, an or an introducer.
10.6. We may transfer your information to another of BP’s entities, an agent, sub-contractor or third party who carries on business in another country, including one which may not have data privacy laws similar to those of the Republic. If this happens, we will ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it.
10.7. If you do not wish us to disclose this information to third parties, please contact us at the contact details set out above. We may, however, not be able to provide products or services to you if such disclosure is necessary.
11.1. We may retain your personal information indefinitely unless you object, in which case we will only retain it if we are permitted or required to do so in terms of Applicable Laws. However, as a general rule, we will retain your information in accordance with retention periods set out in Applicable Laws, unless we need to retain it for longer for a lawful purpose. (For example, for the purposes of complaints handling, legal processes and proceedings.).
11.2. If you send us any ‘contact us’ messages, we will delete or de-identify these messages once we have finally satisfied your query.
11.3. User accounts/profiles (and associated personal information) which haven't been used for 12 months, will be automatically deleted.
11.4. If you choose to unsubscribe from a service, we may keep a ‘suppression list’ containing your details so we know you have unsubscribed.
12.1. You may request details of personal information which we hold about you under the Promotion of Access to Information Act, 2000 (“PAIA”). Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by BP, please review our PAIA Manual located at https://www.bp.com/en_mw/malawi/home/paia-manual.html.
12.2. You may request the correction of personal information BP holds about you. Please ensure that the information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, BP may limit the products and services offered to you or elect not to open the account.
12.3. You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restrictions on the processing of personal information held about you. If you wish to exercise this right, please contact us using the contact details set out above.
12.4. You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out in order to protect our legitimate interests or your legitimate interests unless the law provides for such processing.
12.5. Your exercise of these rights may be subject to certain exemptions. You may also have the right to lodge a complaint with your national data protection supervisory authority. For any other data privacy issues, please contact firstname.lastname@example.org.
13.1. Should you believe that BP has utilised your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with BP.
13.2. If you are not satisfied with such a process, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below:
13.2.1. Tel: 012 406 4818
13.2.2. Fax: 086 500 3351
13.2.3. Email: email@example.com.