Privacy Policy
Effective date: 14 October 2026. This policy replaces the version dated 30 October 2025.
1. Introduction
Blue Energy Africa (Pty) Ltd (“Blue Energy”, “we”, “us” or “our”) is a Cape Town-based developer, financier and operator of commercial and industrial renewable energy infrastructure, including solar PV, battery energy storage and eMobility solutions. Our registered office is at 1st Floor, Aska House, Newlands on Main, 15 Main Road, Newlands, Cape Town, 7700, South Africa.
We respect your privacy and are committed to protecting your personal information in line with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and, where it applies, other data protection laws such as the EU General Data Protection Regulation (“GDPR”).
This policy explains how we collect, use, store, share and protect personal information when you:
- visit our website at https://blueenergy.africa (the “Website”);
- contact us through our Website forms, email, telephone or WhatsApp;
- communicate with us through our WhatsApp Business account;
- engage with us as a client, prospective client, supplier, funder, partner, job applicant or other business contact.
For the purposes of POPIA, Blue Energy is the “responsible party” for the personal information described in this policy. By using our Website or communicating with us, you acknowledge that you have read and understood this policy.
2. Information we collect
We only collect personal information that is adequate, relevant and not excessive for the purpose for which it is collected. The information we collect depends on how you interact with us.
Information you give us directly
- Identity and contact details: name, surname, company name, job title, email address, telephone and mobile number, and physical or postal address.
- Enquiry details: the service you are interested in (PPA, upfront investment, EPCM or eMobility), your message, and any site, consumption or project information you share with us.
- Business dealings: information needed to assess, contract for and deliver energy projects, including company registration details, site details, electricity consumption data, metering data, banking details for invoicing and payment, and the names and contact details of your representatives.
- Recruitment: CV, qualifications, employment history and references if you apply for a position with us.
- Correspondence: the content of emails, letters, calls and WhatsApp messages you send us.
Information collected automatically when you use our Website
- Technical data: IP address, browser type and version, device type, operating system, time zone and screen settings.
- Usage data: pages visited, time and date of visit, time spent on pages, referring website and navigation paths.
- Cookie data, as described in section 6.
Information we receive from WhatsApp
When you message us on WhatsApp, we receive your WhatsApp profile name, your mobile number, the content of your messages and any files you send, and the time of each message. See section 4.
Information from third parties
We may receive personal information from our partners, funders, EPC contractors, referrers and publicly available sources (such as CIPC records or your company website) where this is necessary for a project or business relationship.
We do not knowingly collect special personal information (such as information about your race, health, religion, political views or biometrics) unless you provide it to us voluntarily or we are required by law to collect it.
3. How we use your information and on what basis
We process personal information only where POPIA permits it. The table below sets out each purpose and the justification we rely on.
| Purpose | Justification under POPIA |
|---|---|
| Respond to enquiries made through our Website, email, telephone or WhatsApp | Your consent (by contacting us) and our legitimate interest in responding to you |
| Assess, propose, negotiate and conclude energy projects and agreements (such as PPAs, EPCM and eMobility contracts) | Necessary to conclude or perform a contract with you or your company |
| Deliver, operate, monitor and maintain energy systems, including billing, metering and performance reporting | Necessary to perform a contract; our legitimate interests |
| Send service, project and account communications, including by WhatsApp | Necessary to perform a contract; our legitimate interests |
| Send marketing communications about our services, case studies and events | Your consent, which you may withdraw at any time, or, for existing clients, our legitimate interest subject to your right to opt out |
| Conduct due diligence, KYC, credit and sanctions checks on clients, suppliers and funders | Compliance with legal obligations; our legitimate interests |
| Recruit and assess job applicants | Steps taken at your request before entering into a contract; our legitimate interests |
| Operate, secure and improve our Website and systems | Our legitimate interests |
| Comply with legal, regulatory, tax and audit obligations | Compliance with legal obligations |
| Establish, exercise or defend legal claims | Our legitimate interests |
| Evaluate or carry out a merger, financing, restructuring or sale of assets | Our legitimate interests |
Where we rely on legitimate interests, we have assessed that our interests do not override your rights. Where we rely on your consent, you may withdraw it at any time by contacting us (section 11), without affecting the lawfulness of processing before withdrawal.
We do not sell your personal information and we do not use it for automated decision-making that has legal or similarly significant effects on you.
4. WhatsApp Business communications
We use the WhatsApp Business Platform, provided by Meta Platforms, Inc. and its affiliates (“Meta”), to communicate with clients, prospective clients, suppliers and partners. This section explains how that channel works.
What we use WhatsApp for
- Responding to enquiries you start by messaging us.
- Sending project, site, operations and maintenance updates to clients.
- Sending account, billing and payment notifications.
- Scheduling site visits and meetings.
- Sending marketing or promotional messages, but only where you have opted in.
Opt-in
We will only send you messages on WhatsApp that you have agreed to receive. You opt in by messaging us first, by giving us your WhatsApp number and asking us to contact you on it, or by ticking an opt-in box on our Website or in a contract. We keep a record of your opt-in.
Opt-out
You may stop receiving WhatsApp messages from us at any time by replying “STOP” to any message, by blocking our number, or by emailing info@blueenergy.africa. Opting out of marketing messages will not affect service messages that are necessary to perform a contract with you.
Meta’s role
Messages sent through WhatsApp are end-to-end encrypted in transit. Meta processes certain data, such as your phone number, device information and message metadata, in order to deliver messages. Meta does this according to the WhatsApp Privacy Policy and the WhatsApp Business Terms. Meta may store and process this data outside South Africa. We do not control Meta’s processing of that data.
Our handling of WhatsApp data
We retain WhatsApp conversations on our business devices and, where applicable, in our customer relationship management system. We treat the content of your messages with the same care as any other personal information under this policy. Staff who respond on WhatsApp are bound by confidentiality obligations.
Business service providers
We may use a third-party business solution provider to manage our WhatsApp Business account. Any such provider acts as our operator and may only process your information on our instructions.
5. Who we share your information with
We share personal information only where necessary for the purposes in section 3, and only with parties who are bound to protect it.
- Group companies: our holding company and subsidiaries, for internal administration, reporting and the purposes described in this policy.
- Operators (service providers) acting on our instructions: IT, cloud hosting and email providers; website hosting and analytics providers; CRM and messaging platforms (including Meta for WhatsApp); accounting, payroll and payment processors; and professional advisers such as auditors, lawyers and insurers. Operators may only process personal information on our written instructions and must keep it confidential and secure.
- Project partners: EPC contractors, engineers, equipment suppliers, operations and maintenance providers, and installers, where they need your details to deliver a project at your site.
- Funders, financiers and investors: where personal information of client representatives forms part of project documentation required for project finance, due diligence or asset sale.
- Regulators, authorities and courts: where required by law, regulation, court order or a lawful request, including the Information Regulator, SARS, NERSA, Eskom or a municipality.
- Business transfers: a prospective buyer, investor or lender in connection with a merger, financing, restructuring or sale of all or part of our business, under appropriate confidentiality terms.
- With your consent: any other party where you have agreed to the disclosure.
We require all third parties to respect the security of your personal information and to process it in accordance with the law.
6. Cookies and website analytics
Our Website uses cookies and similar technologies. A cookie is a small text file placed on your device when you visit a website.
| Type | Purpose | Duration |
|---|---|---|
| Strictly necessary | Enable core functions such as page loading, security and form submission | Session |
| Preference | Remember your cookie choices and settings | Up to 12 months |
| Analytics | Help us understand how visitors use the Website (pages visited, time on site) so we can improve it. Data is aggregated and does not identify you personally | Up to 24 months |
You can control cookies through your browser settings and can delete cookies at any time. Blocking strictly necessary cookies may prevent parts of the Website from working.
Our Website is built on WordPress and may use third-party plug-ins and embedded content (such as maps or video) that set their own cookies. Those third parties process data under their own privacy policies.
Our Website may contain links to other websites. We are not responsible for the privacy practices or content of those websites.
7. Transfers outside South Africa
Some of our service providers, including Meta (WhatsApp), cloud hosting and email providers, store or process data on servers outside South Africa. Where we transfer personal information across borders, we do so only where section 72 of POPIA allows it, namely where:
- the recipient is subject to a law, binding corporate rules or a binding agreement that provides a substantially similar level of protection to POPIA;
- you have consented to the transfer;
- the transfer is necessary to perform a contract with you, or a contract concluded in your interest; or
- the transfer is otherwise for your benefit and it is not reasonably practicable to obtain your consent.
We take reasonable steps to ensure that your personal information remains protected wherever it is processed.
8. Security and retention
Security
We take appropriate, reasonable technical and organisational measures to protect personal information against loss, damage, unauthorised destruction and unlawful access. These include access controls, password and multi-factor protection on business systems, encryption of data in transit, secure cloud hosting, staff confidentiality obligations and written agreements with our operators. No method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
If we become aware of a security compromise affecting your personal information, we will notify the Information Regulator and you as required by section 22 of POPIA.
Retention
We keep personal information only for as long as needed for the purpose it was collected, or as required by law.
| Category | Retention period |
|---|---|
| Website enquiries and WhatsApp conversations that do not lead to a contract | Up to 24 months after last contact |
| Client, supplier and partner records under a contract | Duration of the contract plus 5 years, or longer where required by tax, company or project finance obligations |
| Financial and tax records | At least 5 years from the end of the relevant financial year, as required by the Companies Act and Tax Administration Act |
| Job applicant records (unsuccessful) | Up to 12 months after the recruitment decision |
| Marketing consents and opt-outs | For as long as the consent or opt-out is in effect, plus a record of it thereafter |
| Website technical and analytics data | Up to 24 months |
When personal information is no longer required, we delete or de-identify it securely.
9. Your rights
Under POPIA you have the right to:
- Access: ask whether we hold personal information about you, and request a copy of it.
- Correction: ask us to correct or update inaccurate, incomplete or out-of-date information.
- Deletion: ask us to delete or destroy personal information that we are no longer entitled to keep.
- Objection: object, on reasonable grounds, to our processing of your information based on legitimate interests.
- Opt out of marketing: stop direct marketing from us at any time, including WhatsApp, email and SMS.
- Withdraw consent: withdraw any consent you have given us, at any time.
- Complain: lodge a complaint with the Information Regulator (South Africa) if you believe we have not complied with POPIA.
To exercise any of these rights, contact our Information Officer using the details in section 11. We may need to verify your identity before acting on a request. We will respond within a reasonable time and in any event within the period required by law. A prescribed fee may apply to requests for access under the Promotion of Access to Information Act 2 of 2000 (“PAIA”); our PAIA manual is available on request.
Information Regulator (South Africa): JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001; complaints: POPIAComplaints@inforegulator.org.za; website: https://inforegulator.org.za.
10. Children, third-party links and changes to this policy
Children. Our Website and services are directed at businesses and are not intended for children under 18. We do not knowingly collect personal information from children. If you believe a child has provided us with personal information, please contact us and we will delete it.
Third-party links. Our Website and WhatsApp messages may contain links to third-party websites, platforms or content. We do not control those sites and are not responsible for their privacy practices. We encourage you to read their privacy policies.
Changes. We may update this policy from time to time to reflect changes in our practices or the law. The latest version will always be published at https://blueenergy.africa/privacy-policy/ with the effective date shown at the top. Where a change is material, we will take reasonable steps to notify you, for example by email or a notice on our Website.
11. Contact us
If you have questions about this policy, want to exercise your rights, or wish to opt out of communications, contact our Information Officer:
| Responsible party | Blue Energy Africa (Pty) Ltd |
| Information Officer | Lourens Ferreira |
| info@blueenergy.africa | |
| Address | 1st Floor, Aska House, Newlands on Main, 15 Main Road, Newlands, Cape Town, 7700, South Africa |
| Website | https://blueenergy.africa |