Privacy Statement of Barloworld Equipment southern Africa and Barloworld Power,
divisions of Barloworld South Africa (Pty) Ltd
This is the Privacy Statement of Barloworld Equipment southern Africa (“BWE”) and Barloworld Power
(“BWP”), divisions of Barloworld South Africa (Pty) Ltd, (hereinafter “we”, “us”, “our”). It applies to the
personal information of:
(1) visitors to our website, available at https://www.barloworld-equipment.com;
(2) customers (including corporate customers and individuals);
(3) prospective customers (including corporate entities and individuals);
(4) prospective employees;
(5) current and prospective third party service providers / joint venture partners / vendors /
second-level dealers / authorised agents;
(6) all of our investors and potential investors who engage with us in any manner. Your
relationship with us as an investor is subject to any separate terms between us; and
(7) collectively any or all of the above as “you”.
Use of the Website is also subject to our terms and conditions and website disclaimer, available at
We may need to change or update this Privacy Statement from time to time. Any updated versions will be
posted on our Website and will be effective from the date of posting. Where practical, we may notify you of
2 What personal information do we collect?
2.1 We respect your privacy rights and comply with all applicable laws in handling personal information.
When used in this Privacy Statement, the term “personal information” has the meaning given to it in
the Protection of Personal Information Act, 2013 (POPIA), applicable in the Republic of South Africa.
Generally speaking, personal information is any information that can be used to personally identify a
natural or juristic person. If any information that we collect personally identifies you, or you are
reasonably identifiable from it, we will treat it as personal information.
2.2 We may collect your personal information in a number of ways including when you:
(1) visit our website, we may collect usage information which may include your IP address,
geographical location, browser type and version, operating system, referral source,
duration of visit, page views and website navigation paths, as well as information about
the timing, frequency and pattern of your service use. This information may be processed
for the purposes of analysing the use of the website and improving usability;
(2) provide personal information when purchasing our products and / or services. The
information is processed for use and /or administration of the product / service you
require and may include your company name, first name, surname, credit card
information, city and email address. This information is processed for the purpose of
supplying our products and / or services to you and communicating with you;
(3) provide personal information in the course of a submission of an enquiry, including an
enquiry pertaining to available vendor and/or service provider opportunities, on our
website “contact us” page. The personal information is processed for the purpose of
responding to your enquiry and may include your company name, first name, surname,
city and / or email address;
(4) provide personal information for a vendor or service provider opportunity in the form of
Request for Proposal (RFP), Request for Quotation (RFQ) and/or Request for Information (RFI).
The information is processed for the purpose carrying out a proper tender process.
Such information may include information about the incorporation or registered name of
your business, tax information, broad-based black economic empowerment (BBBEE)
information, company address and company contact person’s first name, surname and /
or email address;
(5) provide personal information in the course of a submission for a job opportunity
advertised on our website’s careers page. The personal information may include your first
name, surname, city and / or email address;
(6) you provide to us for the purpose of subscribing to our email notifications and/or
newsletters for the purposes of sending you the relevant notifications and/or newsletters.
You may choose to opt-out of receiving these communications at any given time by
notifying us or by unsubscribing from the mailing list; and/or
(7) you provide personal information on a voluntary basis to us when you fill out an enquiry
form in the question section of our “contact us” page, or contact us via social media, or
when you email us, or when you provide personal information to support a request logged
by you to us for the above collection means.
2.3 In addition to the above, we may collect your personal information from third parties in the event that:
(1) you are participating in a tender, we may collect additional personal information about
any lawsuits relating to your business, business ownership and share structure, directors’
personal information and the business’ financial information required for purposes of a
tender evaluation process pertaining to vendors and / or service providers. We may
process this information as part of our standard due diligence practices which form part of
our internal governance requirements;
(2) you are applying for a job, we may collect personal information about your criminal
record, qualification history and employment history checks from third parties in the
course of our candidate selection and evaluation process which form part of our
recruitment processes; and/or
(3) we merge with, or acquire, another business.
2.4 The website advertises on third party websites through Google AdWords, and Google may use
cookies* to serve advertisements based on your visit to this site. We also may use this information to
gain insights into how our visitors use the website and optimize the experience and the presentation
of information. *Cookies are small text files stored on your device when you visit most websites.
These files hold small amounts of data and allow the server to recognise you when you revisit a
2.6 If you provide us with personal information of third parties, please make sure that you are authorised
to do so.
3 Why do we collect personal information?
3.1 We collect personal information and handle it for the following purposes:
(1) to establish and maintain a business / professional relationship with you;
(2) to conduct relevant due diligence when entering into contracts / transactions with you;
(3) to conduct background checks and relevant due diligence as part of the standard
recruitment processes applicable to prospective employees;
(4) to respond to general enquiries summitted through our “contact us” page;
(5) to authenticate your identity in order to provide you with access to certain information
belonging to us or third parties, which may be required for purposes of giving effect to a
contract or transaction with you;
(6) to gain insight into how our visitors use the website and to improve our website service;
(7) to contribute to research and analytics studies, including use of artificial intelligence and
(8) to communicate relevant information to stakeholders;
(9) to comply with applicable laws;
(11) to recognise, prevent and investigate cybercriminal attacks of our website; and
(12) for any other purposes that you consent to when you agree to provide it to us, by email or
others means of written communication.
We may handle anonymised information for research or analytics purposes or including it in our
publications and share this information with third parties. You will not be identifiable from this
4 What happens if you don’t provide the personal information we require?
4.1 If you do not provide us with mandatory information:
(1) we may not be able to supply the products and/or services you require from us;
(2) we may not be able to respond to your enquiry as submitted to us through the “contact
(3) we may not be able to authenticate your identity in order to provide you with access to
certain information belonging to us, or third parties, which may be required for purposes
of giving effect to a contract or transaction with you; and / or
(4) we may become non-compliant with applicable laws as it pertains to our business
operations and dealings.
Voluntary personal information is collected to improve our interactions with you and improve
5 Do we disclose personal information to third parties?
5.1 We may disclose your personal information to third parties where required or permtitted by law,
where it is necessary to give effect to a contract with you, or where we have a legitimate interest in
doing so. These are some of the instances where we may share your personal information with third
parties, who may include:
(1) other group companies or divisions within our holding company, Barloworld Limited;
(2) our employees, contractors and / or third party service providers / vendors (such as our
website hosting partners, our service email marketing partners in connection with the
(3) our principal, being Caterpillar Inc., and their authorised affiliates and representatives, for
purposes relating to customer experience of its equipment, products and associated
services sold through BWE;
(4) researchers and analytics provider(s), to the extent relevant to BWE and/or BWP;
(5) our insurers, underwriters and professional advisors, including our accountants, lawyers,
business advisors and consultants;
(6) employees and/or the managers of any entities through which they operate if we merge,
combine or divest a part of our business;
(7) law enforcement or regulatory bodies as required by law;
(8) purchasers or potential purchasers of our business or parts thereof; and
(9) any other juristic or natural person for any authorised purpose with your express consent.
5.2 We will never sell your personal information.
6 Do we send personal information outside of South Africa?
We may from time to time send personal information outside the borders of South Africa, including to
countries which may not have data protection laws which are similar to those in force in South Africa,
for storage purposes and the like, in accordance with POPIA and any other applicable laws.
7 Direct Marketing, Advertising and Related Communication
7.1 We may, if permitted to do so in terms of applicable laws, use your contact details to send you
details of our products and / or services, or any other special offerings through sales campaigns
which may interest you. This may also include requests to provide customer experience feedback.
These communications may be sent to you in various forms (including by email) in accordance with
applicable marketing laws and practices. If you indicate a preference for a method of
communication, we will endeavour to use that method as indicated.
7.2 All of these communications will set out how to unsubscribe from (or opt-out of) receiving future
marketing communications if you no longer wish to receive such. You can also unsubscribe from
receiving such communications by clicking on the unsubscribe link in the specific communication.
8.1 As the Website is accessible via the internet, and the internet is inherently insecure, we cannot
guarantee the security of information you send to us online (including that it will not be intercepted).
You send information to us online at your own risk.
8.2 We may keep your personal information in either electronic or hard copy form. In both cases, we
take reasonable and appropriate steps to ensure that the personal information is protected from
misuse and loss and from unauthorised access, modification or disclosure.
8.3 Personal information is usually destroyed or de-identified when no longer needed or when we are no
longer required by law to retain it (whichever is the later).
9 How can you access and correct your personal information?
9.1 You have the right to contact us at any time requesting:
(1) confirmation that we have your personal information;
(2) access to the records containing your personal information or a description of the
personal information that we hold about you; and
(3) the identity or categories of third parties who have had, or currently have, access to your
9.2 Details on how to make a request are available on our PAIA Manual. When making a request, we will
require adequate proof of your identity. We will try to provide you with suitable means of accessing
information, where you are legally entitled to it, by for example, posting or emailing it to you.
9.3 There may be instances where we cannot grant access to your personal information. For example, if
access would interfere with the privacy or fundamental rights of others, or would result in a breach of
confidentiality, we may need to refuse access. If we refuse access, we will give written reasons for
9.4 If you believe that any personal information that we hold about you is inaccurate, irrelevant,
outdated, incomplete or misleading, you may ask us to correct it. If you believe that any personal
information that we hold about you is excessive or has been unlawfully obtained or that we are no
longer authorised to retain it, you may ask us to destroy or delete it. If we do not agree that there are
grounds for action, you may ask us to add a note to the personal information stating that you
disagree with it.
9.5 We may charge a reasonable fee to cover our administrative and other costs in providing information
to you. We will not charge for making a request or for making any corrections to personal
10.1 If you believe that your personal information has been unlawfully used, accessed or acquired, you
may lodge a formal complaint on email@example.com accompanied by details of the incident so that
we can investigate it.
10.2 We will treat your complaints confidentially (unless otherwise required by law), investigate those
complaints and aim to ensure that they are resolved within a reasonable time, in order to provide you
10.3 You also have the right to contact the Information Regulator at
11 Changes to your personal information / data subject rights request
If your personal information changes, please let us know and provide us with all changes as soon as
reasonably possible to enable us to update it. Any other data subject rights requests must be emailed to firstname.lastname@example.org.
12 Third party websites
12.1 This Privacy Statement does not apply to any third party websites which may be accessible through
links on the Website. We do not make any representations or warranties about the privacy practices
of any third party and do not accept any responsibility for them. Third party website providers are
responsible for informing users about their own privacy practices and we suggest that you review the
privacy policies of any third party providers whose sites you access.
13 Contact information
If users have any questions about this Privacy Statement or any other general concerns regarding
the processing of your personal information you can contact us on email@example.com.
1. WHAT ARE COOKIES AND WHY DO WE USE THEM?
website. “Cookies” are small text files used by us to recognise repeat users, facilitate your
on-going access to, and use, of our website. Cookies allow us to track your usage behaviour
and compile aggregate data that will help us to improve the functionality of our website and
content. For example, by storing your preferred settings for the next time you visit our site.
“Web beacons” (also called web bug, tracking bug, tag, web tag, page tag, tracking pixel,
pixel tag, 1×1 GIF, or clear GIF) are small, clear picture files used to follow your movements
on our website. For example, by showing us whether you accessed certain content.
1.2. The information we collect from cookies enables us to:
1.2.1. tailor our websites to your personal needs;
1.2.2. remember the notifications that you have been shown, so that you are not
shown them again;
1.2.3. help us find information once you have logged in;
1.2.4. help us link your browsing information to you and your personal information, for
example, when you choose to register for a service;
1.2.5. make improvements and updates to our websites based on the way you want to
use them; and
1.3. The type of information collected by cookies is not used to personally identify you.
2. WHAT KIND OF COOKIES DO WE USE?
We use the following categories of cookies:
2.1. Category 1: necessary cookies
Necessary cookies enable you to use our websites and all its features, such as enabling
access to secure areas of the website. Without these cookies you may not be able to use all
the features of our websites.
These cookies do not store any personally identifiable information.
2.2. Category 2: performance cookies
Performance cookies collect information about how you use our websites so we can improve
them for you in future. For example, they collect information on which pages you visit most
often and any error messages you may get. The information collected by these cookies is
anonymous. They do not collect any information that can identify you personally.
2.3. Category 3: functionality cookies
Functionality cookies enable us to provide you with a more personalized experience. They
help us to remember data, such as your username and language preference, to save you having to enter them again the next time you visit. The information these cookies collect is
anonymous. They cannot track your browsing activity on other websites.
2.4. Category 4: targeting/advertising cookies
We and our service providers may use advertising cookies to deliver ads that we believe are
relevant to you and your interests. For example, we may use targeting or advertising cookies
to customise the advertising and content you receive on our websites, to limit the number of
times you see the same ad on our websites and to help measure the effectiveness of our
2.5. Category 5: social media cookies
Our websites use third-party cookies from social media sites such as Facebook, Twitter and
LinkedIn to enable in-depth campaign reporting and to track social network users when they
visit our websites, by using a tagging mechanism provided by those social networks. These
cookies can also be used for event tracking and remarketing purposes. Any data collected
3. HOW CAN YOU MANAGE YOUR COOKIE SETTINGS?
3.1. To ensure you get the best possible experience when visiting our websites, we recommend
that you accept cookies. However, you can opt-out of each cookie category (except strictly
necessary cookies) by clicking on the “cookie settings” button or disable cookies in your web
3.2. Cookies may, however, be necessary to provide you with certain features available on our
website. If you disable cookies you may not be able to use these features, and your access
to our website will be limited.