Privacy Policy:

SPORTAPP PRIVACY POLICY (VERSION 1.1)

  1. SPORTAPP (hereinafter referred to as “SPORTAPP, we, us, our") is enthusiastic to protecting the confidentiality and privacy of information entrusted to us by our clients.

  1. The purpose of this Privacy Policy is to describe the way that SPORTAPP collects, stores, uses, and protects data that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (Personal Information).

  1. The Protection of Personal Information Act 4 of 2013 (POPIA) describes Personal Information as information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that individual.
  2. By providing SPORTAPP with your Personal Information:
  1. You agree to the terms of this Policy and permit SPORTAPP to process such information as set out herein; and
  2. You authorise SPORTAPP, its associates, our service providers and other third parties, where applicable, to process your Personal Information for the purposes stated in this Policy.

  1. This Policy applies to all external parties with whom SPORTAPP interacts, including but not limited to individual clients, representatives of client organisations, visitors to our offices, and other users of SPORTAPP and related services (hereinafter referred to as "you, your").

  1. THE INFORMATION COLLECTED

  1. Where SPORTAPP needs to process your sensitive Personal Information, SPORTAPP will do so in the ordinary course of our business, for a legitimate purpose, and in accordance with POPIA.

  1. We may process various types of Personal Information about you, as follows:

  1. Identity and contact information, which includes information concerning your name, username or similar identifier, marital status, title, occupation, interests, date of birth, gender, race and legal status, as well as copies of your identity documents, photographs, identity number, registration number and your qualifications, your billing addresses, delivery addresses, e-mail addresses and telephone numbers;
  2. Employer details, where you interact with SPORTAPP in your capacity as an employee of an organisation, the name, address, telephone number and email address of your employer, to the extent relevant;

  1. Financial information, which includes bank account details, payment method, bank account number or credit card number, invoice records, payment records (payments made to or received from you and company information), SWIFT details, IBAN details, payment amount, payment date, details of funds which we invest and hold on your behalf for a matter, insurance information, financial statements, tax clearance certificates and VAT registration numbers;

  1. Usage information, which includes data relating to your visits to our website, your device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a website, and other technical communications information and location information, such as geographical information from your access device (which is usually based on the GPS or IP location); and

  1. Marketing and communications information, which includes your preferences in respect of receiving marketing information from SPORTAPP as well as our third parties, and your communication preferences.

  1. SPORTAPP will not gather excessive information. SPORTAPP may collect more information than required for the intended purpose for future use with the necessary consent from the data subject.

  1. COLLECTION OF PERSONAL INFORMATION

  1. We collect information either:
  1. directly from the data subject;
  2. throughout our relationship with you;
  3. by providing services to you or your organisation via the SPORTAPP;
  4. when you make your Personal Information public;
  5. by visiting or interacting with our website or our social media platforms;
  6. when you visit our offices.

  1. In addition to the above, SPORTAPP may create Personal Information about you such as records of your communications and interactions with us.

  1. The source from which Personal Information was obtained, if not directly from you, will be disclosed to you.

  1. We do not knowingly collect Personal Information from children (under 18 years of age) without the permission of their parent or guardian. As a parent or guardian, please respect this.

  1. COMPULSORY PERSONAL INFORMATION AND CONSEQUENCES OF NOT SHARING

  1. The following information is compulsory Personal Information:

  1. your name and surname;
  2. your contact details, such as your email address and/or your telephone number;
  3. physical address.

  1. Depending on the nature of your engagement or relationship with us, other types of Personal Information may be necessary, including:

  1. financial (including bank account details, tax information);
  2. names and registration numbers as contained in documents issued by the Companies and Intellectual Property Commission and the South African Revenue Service; and
  3. Personal Information as part of the “Know Your Customer”/“KYC” process as per the requirements of the Financial Intelligence Centre Act 38 of 2001.

  1. Should SPORTAPP need to collect Personal Information by law or under the terms of a contract that we may have with you, and you fail to provide the Personal Information when requested, SPORTAPP may be unable to perform the contract we have or are attempting to enter into with you. In such a case, SPORTAPP may have to decline to provide or receive the relevant services, and you will be notified where this is the case.

  1. THE USAGE OF INFORMATION

  1. SPORTAPP will not use your Personal Information for any other reason than that set out in this Policy and SPORTAPP will make every attempt to protect your Personal Information that is in our possession from unauthorised disclosure, access alteration or loss.

  1. SPORTAPP will primarily use your Personal Information only for the purpose for which it was originally or primarily collected. We will use your Personal Information for a secondary purpose only if such purpose constitutes a legitimate interest and is closely related to the original or primary purpose for which the Personal Information was collected.

  1. We will use your Personal Information only for the purposes for which it was collected and agreed with you, such as:
  1. to perform professional services to you;
  2. to perform our obligations under a contractual arrangement with you;
  3. to execute a transaction in accordance with your request;
  4. to undertake credit reference searches and/or verification;
  5. to analyse, evaluate, review and collate information in order to determine legal issues and potential disputes;
  6. for confirm and verify your identity or to verify that you are an authorised user for security purposes;
  7. for gather contact information;
  8. for operating our business;
  9. for audit and record keeping purposes;
  10. for the detection and prevention of fraud, crime, money laundering or other malpractice;
  11. for debt recovery or debt tracing;
  12. to maintain and update our client, or potential client databases;
  13. for safety and security purposes;
  14. to record and/or monitor and have access to your telephone calls (i.e. voice recordings), correspondence and electronic communications to/with us (or any of our employees, agents or contractors) in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
  15. for statistical purposes;
  16. for internal management and management reporting purposes, including but not limited to conducting internal audits, conducting internal investigations, implementing internal business controls, providing central processing facilities, for insurance purposes and for management reporting analysis;
  17. for other activities and/or purposes which are lawful, reasonable and adequate, relevant and not excessive in relation to the provision of our services, our business activities or such other purpose for which it was collected.
  1. DISCLOSURE OF INFORMATION

  1. We will not deliberately disclose your Personal Information, other than with your permission, as permitted by applicable law or in the manner as set out in this Privacy Policy.

  1. SPORTAPP may disclose your Personal Information to our service providers who are involved in the delivery of services to you.

  1. When SPORTAPP share your Personal Information with selected service providers who work on our behalf, we will ensure that appropriate protections of your Personal Information are in place with these third parties, in accordance with our obligations under the POPIA.

  1. We may also disclose your Personal Information:
  1. Where we have a duty or a right to disclose in terms of law or industry codes;
  2. Where it is necessary for the purposes of, or in connection with, actual or threatened legal proceedings or establishment, exercise or defence of legal rights;
  3. Where we believe it is necessary to protect our rights;
  4. To enable us to enforce or apply our terms and/or any agreement you have with us;
  5. To any relevant third-party acquirer(s), in the event that we sell or transfer all or any portion of our business or assets (including, but not limited to, in the event of a reorganization, dissolution or liquidation);
  6. To any relevant third-party provider, where our website uses third party advertising, plugins or content;
  7. We have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in and we reasonably believe that it is necessary for us to take appropriate action in relation to the matter;
  8. With our employees, suppliers, consultants, contractors and agents if and to the extent that they require such Personal Information in order to process it for us and/or in the provision of services for or to us, which include know-how and research, pitching to other clients to obtain further instructions, reporting purposes (e.g. the South African Revenue Service), hosting, development and administration, technical support and other support services relating to the Website or the operation of our business.
  1. We will authorise any Personal Information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them and containing confidentiality; non-disclosure and data protection provisions. The necessary legal action will be taken, their contracts terminated, or other appropriate action taken if such persons/companies fail to meet their obligations.
  1. The information is used only for historical, statistical or research purposes and is not published in an identifiable form.

  1. Unless we have your clear informed consent or the law clearly allows us in certain limited circumstances, we will not:
  1. Sell or rent Personal Information;
  2. Use your Personal Information for purposes that are different, unusual or unexpected in relation to the reason for collecting it in the first place; or
  3. Share your Personal Information with third parties in circumstances other than the ones we have referred to above.

  1. RETENTION OF YOUR PERSONAL INFORMATION

  1. SPORTAPP may keep records of your Personal Information that has been collected, exchanged during correspondence in an electronic or hardcopy file format.

  1. SPORTAPP may keep your Personal Information for as long as you continue to engage with us, and/or make use of our services or for as long as reasonably necessary or until you contact us and ask us to destroy it.

  1. Apart from clause 6.2 above and any other clause in this Privacy Policy, we may retain and process some or all of your Personal Information if and for as long as:

  1. we are required or permitted by law, a code of conduct or a contract with you to do so;
  2. we reasonably need it for lawful purposes related to the performance of our functions and activities;
  3. we reasonably require it for evidentiary purposes; or
  4. you agree to us retaining it for a specified further period.

  1. We will always comply with applicable legal, regulatory, tax, accounting or other requirements as they pertain to the retention of Personal Information. We confirm that once the retention period has lapsed, we will destroy your Personal Information in such a manner to prevent any reproduction thereof.

  1. STORAGE AND TRANSFER OF YOUR PERSONAL INFORMATION

  1. SPORTAPP will store your Personal Information:

  1. At our premises, in the form of hard copies; or
  2. At the premises of third-party service providers such as document storage service providers; or
  3. On our servers; or
  4. On the servers of our third-party service providers, such as IT systems or hosting service providers.

  1. In the event of the scenarios contemplated in clauses 7.1.2 and 7.1.4, SPORTAPP will ensure that we have entered into written agreements with those third-party service providers governing our relationship with them that require them to secure the integrity and confidentiality of Personal Information in their possession by taking appropriate, reasonable technical and organisational measures.

  1. YOUR RIGHTS

  1. You have the right to request a copy of the Personal Information SPORTAPP holds about you. To do this, simply contact us at the numbers/addresses as provided and specify what information you require.  We will need a copy of your ID document to confirm your identity before providing details of your personal information. The prescribed fees to be paid to us for copies of your Personal Information are listed in the Promotion of Access to Information Act.

  1. You also have certain rights to withdraw consent or object to us using your Personal Information under POPIA, but these rights are limited. For example, if the purpose for which your Personal Information was requested initially does not exist anymore you may request that the information may no longer be used. We can decline your request to delete the information from our records if other legislation requires us to retain the information.

  1. DATA ACCURACY

  1. The Personal Information provided to SPORTAPP must be accurate, complete, and up to date. Should Personal Information change, the onus is on you to notify SPORTAPP of the change and provide SPORTAPP with the accurate data.

  1. DIRECT MARKETING

  1. We may process your Personal Information for the purposes of providing you with information regarding services that may be of interest to you. You may opt out of receiving direct marketing communication from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to stop providing any direct marketing communication to you. You may send your opt-out requests to info@mahalas.co.za.

  1. CONSUMER PROTECTION ACT, POPIA AND OTHER LAWS

If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, 68 of 2008, the POPIA or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPIA or such other laws. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPIA and such other laws are complied with.

  1. COOKIES AND SIMILAR TECHNOLOGIES

  1. Website usage information may be collected using “Cookies” which allows us to collect standard internet visitor usage information.

 

  1. When you visit our website, we may place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law.

  1. We use Cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We may process your Personal Information through Cookies and similar technologies, in accordance with our Cookie Policy.

  1. SECURITY

  1. We take reasonable technical and organisational measures to secure the integrity of your Personal Information and using accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information, and protect your Personal Information from misuse, loss, alteration and destruction.

  1. We review our information collection, storage and processing practices, including physical security measures periodically, to ensure that we keep abreast of good practice.

  1. We also create a back-up of your Personal Information for operational, business continuity and safety purposes.

  1. We have implemented policies and procedures to address actual and suspected data breaches and undertakes to notify you and the relevant regulatory authorities of breaches in instances in which we are legally required to do so and within the period in which such notification is necessary.

  1. Whilst we will do all things reasonably necessary to protect your Personal Information, we cannot guarantee nor do we accept any liability of whatsoever nature for any unauthorised or unlawful disclosure and/or use of your Personal Information, either by employees and/or made by any third parties (including third party service providers) who are not subject to our control, unless such disclosure and/or use is as a result of our gross negligence.

  1. CHANGES TO THIS POLICY

  1. SPORTAPP reserves the right to make amendments to this policy from time to time and will use reasonable efforts to notify data subjects of such amendments.

  1. INFORMATION OFFICER

  1. Our duly appointed Information Officer in terms of section 55 of the POPIA is Tanya Mocke with the following contact details:
  1. Email address: tanya@sportapp.co.za
  2. Contact number: 012 – 643 0384

  1. RIGHT TO LODGE A COMPLAINT TO THE INFORMATION REGULATOR

  1. If a data subject is unsatisfied with the manner in which SPORTAPP addresses any complaint with regard to SPORTAPP ’s processing of Personal Information, the data subject can contact the office of the relevant Regulator, whose contact details are:

Tel: 012 406 4818

Fax: 086 500 3351

www.justice.gov.za/inforeg.