PRIVACY AND SECURITY POLICY

BETFLASH (PTY) LTD (COMPANY REGISTRATION NO: 2011/135672/07):

We respect the privacy of our current and future players. We are committed to safeguarding your privacy and to acting responsibly and with integrity regarding the protection of your rights and freedoms.

We respect your privacy

The Protection of Personal Information Act, 4 of 2013 (“POPIA”) gives effect to the constitutional right to data privacy in terms of Section 14 of the Bill of Rights of the Constitution.

This Privacy Policy informs you of our privacy practices and of the choices you can make about the way information about you is collected and how that information is used by us.

This Privacy Policy shall serve as a blanket notification to you about our processing activities and will remain valid until amended or cancelled by either party by mutual agreement.

In order to use the Service, you will need to provide us with personal identifiable information ("Personal information"),

For purposes of this Privacy Policy, “Personal information" means information about you that is unique or specific to you. Personal information includes, among other information, your name, address, identity number, telephone number, date of birth, password information, and any other personally identifiable information.

This Privacy Policy tells you about the information that we may collect through the Service and how that information is used, how you can access and correct certain information that we may collect and how we safeguard your Personal information for the purpose of offering you the Service.

If you choose to register for or submit information to us via the Service in any way and at any time, you are consenting to the use of that data in accordance with this Privacy Policy.

If you have any questions regarding this Privacy Policy, or do not feel that your concerns have been addressed, please direct your questions to us by contacting us at the details provided for our customer support.

[hyperlink to contact details in T&C’s]

Additional definitions

For the purposes of this Privacy Policy, the following words have the following defined meanings:

“child(ren) or minor” means any natural person under the age of 18 (eighteen) years;

"data breach"means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal information under our control or in our possession;

“data subject” means the person to whom Personal information relates and has the meaning associated with such term under POPIA;

“direct marketing” means to approach a data subject, either in person or by electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the data subject;

“information officer” means our Information Officer;

“operator” means a person who processes Personal information for or on behalf of a responsible party (i.e. us) in terms of a contract or mandate, without coming under the direct authority of that responsible party;

“process or processing” means, in relation to Personal information, any activity or sequence of activities, which results in the use or handling of your information, including:

the abbreviating, altering, collecting, condensing, degrading, destroying, erasing, merging, modifying, receiving, recording, reordering, restricting, retrieval, storing, updating or use of information; or

disseminating by means of transmission, distribution or making available in any other form.

"Regulator" means the Information Regulator established in terms of POPIA;

“responsible party” means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information;

"special personal information"means personal information concerning a data subject's religious or philosophical beliefs, race or ethnic origin, trade union membership, political opinions, health, sexual life, biometric information or criminal behaviour;

Responsible Party

We are the party who will be collecting and processing your Personal information and are therefore the ‘’responsible party’’ for the purposes of this Privacy Policy.

In accordance with the disclosure requirements of ECTA (the Electronic Communications and Transactions Act, Act 25 of 2002) our contact details are as follows:

Physical address: Bubesi House Wellington Park, Wellington Road, Durbanville, 7550
Telephone number: +27 87 138 4828
Email address: [email protected]

We may instruct third party operators from time to time to undertake certain processing activities relating to your Personal information.

Personal Identifiable Information Collection

We collect and use Personal information to manage your relationship with us and better serve you by personalising your experience and interaction with us.

We may collect your Personal information through your access and use of our website, web-based applications, or mobile applications, during conversations or correspondence with us or when you interact with or use the Service.

We may collect Personal information from you in connection with:

activations, and registrations
betting activity by you
profile creation user verification by you
information requests or complaints
marketing, newsletter or support subscriptions
competition or promotion entries and/or redemptions or survey participation
visits or browsing on our website

The type of Personal information that we may collect from you includes, but is not limited to:

personal and/or business contact information, such as initials, first name, surname, identity number and/or date of birth, physical and postal address, telephone and cell phone numbers, and email address
gender, nationality, age, language preference
your credit information and history
your personal opinions, views or preferences
other unique information such as user IDs and passwords, product and service preferences, contact preferences, educational and employment background
geo-location data such as your IP address or physical location when you request location-based services
details of the bets that you make with us
additional information necessary to customise and/or personalise your user experience or to respond to your enquiries
any additional information relating to you that you provide to us directly through the Service directly or indirectly
information you provide to us through our customer support functions

We do not usually seek special personal information from you. We will, where necessary, obtain your express consent to collect and use such information.

We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how you use the Service.

The supply of Personal information by you to us is voluntary and not mandatory. However, if you refuse to supply any Personal information, certain consequences may naturally flow from such a refusal, such as limiting or preventing your use of the Service.

The way we use Personal Information

We may use your Personal information for various purposes including the following:

to enter into a contract with you for the provision of the Service i.e. to lay your bet
to meet our obligations to you under such contract i.e. to pay your winning bet
to comply with our licensing requirements in terms of our bookmaker’s licence
to present content to you in the most effective way
to send promotional content to you where you have opted to receive that
to contact you in response to inquiries, comments and suggestions
to process Personal information for direct marketing purposes (unless you have opted out of receiving any direct marketing material)
to track your use of the Service for internal market research
to improve the Service
to notify you about upcoming specials, promotions and events
to notify you about changes to the Service
to provide it to our third-party service providers in connection with our legitimate business purposes
to enforce this Privacy Policy as required by law or regulation, or as requested by government or regulatory authorities
in connection with any acquisition, merger, restructuring, sale or other transfer involving all or any portion of the business associated with the Service

If we intend to process your Personal information for any other purpose not listed hereinabove or which is otherwise not automatically permitted by law, we shall ensure that we obtain your written consent to do so.

By submitting any of the above information, you will be deemed to have consented to its use for such purposes.

Personal information collected via the Service may be stored and processed in South Africa or any other country in which we (or our affiliates, subsidiaries, divisions and their respective third-party business partners, affiliates and suppliers) maintain facilities.

The Parties To Whom Your Information is Disclosed

By voluntarily submitting your Personal information, you consent to the collection and use of your Personal information as described in this Privacy Policy.

Accordingly, your Personal information may be disclosed for processing to any of the following persons or entities: (i) any companies within our group and their employees who have a need to know such information; (ii) any auditors, contractors or other advisors auditing any of our companies; (iii) any payment processors who assist us in receiving and making payments to and from you, where applicable; (iv) people and organisations who provide a service to us or are acting as our agents, on the understanding that they will keep the information confidential; and (v) anyone to whom we transfer or may transfer all or any part of our business or assets, from whom we acquire any business or assets or who acquires substantially all of the assets of our company. Any processing performed by any of the aforementioned persons or entities will, if required by law, be governed by an agreement protecting your Personal information.

Due to the existing legal, regulatory, and security environment, we may be required, under certain circumstances, to disclose aggregate level and/or personally identifiable information submitted to the us through the Service. We will use reasonable efforts to limit such disclosures to the following circumstances: (i) where we believe in good faith that we are required to do so in response to a subpoena or other legal process; (ii) where reasonably required to do so in order to maintain, update or otherwise implement our data security measures, equipment, technical operations and the like; (iii) where reasonably necessary to identify, contact, or bring legal action against persons or entities to preserve and/or enforce our rights, including but not limited to enforcing the general terms and conditions of the Service; (iv) protect and defend our rights or property; or (v) in urgent circumstances to protect the our personal safety or that of the public or of other users of the Service.

In addition, we may also disclose Personal information in connection with the sale, assignment, or other transfer of our business or any part thereof, or as part of a security audit.

Children / Minor's Privacy

We define children as individuals under the age of 18 (eighteen). The Services are by law not directed to persons under 18 and measures are taken to prevent the participation of children. We therefore do not knowingly solicit or collect Personal information from children under 18. If a parent or guardian becomes aware that his or her child has provided us with Personal information without such parent or guardian’s consent, he or she should contact us. If we become aware that a child under 18 has provided us with Personal information, we will delete such information from our files in addition to immediately closing that account and preventing further use of the Service by such individual.

Your rights in relation to your Personal Information

Where we process your personal data, you have several rights over how the data is processed and can exercise these rights at any point. We provide an overview of these rights below together with what this means for you. You can exercise your rights by submitting a request through our customer support options.

The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights.
The right to access and rectification/correction. You have the right to access, correct or update your personal data at any time.
The right to restrict processing. Under certain circumstances, you have the right to restrict the processing of your personal data.
The right to object. Under certain circumstances, you have the right to object to certain types of processing, including processing for direct marketing.
The right to lodge a complaint with a regulatory authority. You have the right to lodge a complaint directly with the Information Regulator (the “Regulator”) about how we process your personal data.
The right to withdraw consent. If you have given your consent to anything we do with your personal data (i.e., we rely on consent as a legal basis for processing your personal data), you have the right to withdraw your consent at any time (kindly note: if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). You can withdraw your consent to the processing of your personal data at any time by contacting us. Please remember that this may make the continued use of the Service impossible.
Rights related to automated decision-making. You have the right not to be subject to a decision which is based solely on automated processing and which produces legal or other significant effects on you. In particular, you have the right to:

obtain human intervention;
express your point of view;
obtain an explanation of the decision reached after an assessment; and
challenge such a decision.

Further information and advice about your rights can be obtained from the Regulator.

Security and protection of your Personal Information

We have implemented suitable security policies, rules and technical measures to protect and safeguard all the Personal Information under our control from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss.

We make substantial efforts to protect the confidentiality of the Personal information, preferences and other information that we collect through the Service and will never knowingly allow access to this information to anyone outside our company other than as described in this Privacy Policy. We have made a substantial investment in our server, database, backup and firewall technologies to protect the information assets of our network, including the confidentiality of Personal information collected through the Service. These technologies are deployed as part of a sophisticated security protocol.

You should also do your part in protecting your information. Your Username and any password (if such is provided or enacted) are confidential, and we recommend that you not divulge them to anyone. Unfortunately, due to the nature of the Internet as a public transmission network, neither our network nor data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect Personal information that is transmitted to us by you and vice versa, we cannot ensure or warrant the security of such information. Thus, any Personal information transmitted to us is done at your own risk. Once we receive Personal information, we make substantial efforts to protect the confidentiality of this information consistent with this Privacy Policy.

Breaches of Personal Information

A data breach refers to any incident in terms of which reasonable grounds exist to believe that the Personal information of a data subject has been accessed or acquired by any unauthorised person.

A data breach can happen for many reasons, which include, but is not limited to: (a) loss or theft of data or equipment on which Personal information is stored; (b) inappropriate access controls allowing unauthorised use; (c) equipment failure; (d) human error; (e) unforeseen circumstances beyond our reasonable control, such as a fire or flood; (f) deliberate attacks on systems, such as hacking, DDOS attacks, viruses or phishing scams; and/or (g) alteration of Personal information without permission and loss of availability of Personal information.

We will address any data breach in accordance with the terms of POPIA.

We will notify the Regulator and the affected data subject (unless the applicable law or a Government authority requires that we delay notification to the data subject) in writing in the event of a data breach (or a reasonable belief of a data breach) in respect of that data subject's Personal information.

We will provide such notification as soon as reasonably possible after we have become aware of any data breach in respect of such data subject's Personal information.

Where we act as an 'operator' for purposes of POPIA and should any data breach affect the data of data subjects whose information we process as an operator, we shall (in terms of POPIA) notify the relevant responsible party immediately where there are reasonable grounds to believe that the Personal information of relevant data subjects has been accessed or acquired by any unauthorised person.

Cookies

We (and/ or other parties whom we duly authorise to do so (for example, third- party advertising services or sponsors) use cookies and other technologies to enhance your online experience and to learn about how you use the Service.

Cookies are pieces of information that a website transfers to an individual's hard drive for record-keeping purposes. The use of cookies is an industry standard, and you will find cookies at most major websites. Cookies help us to tailor information to your preferences and to see which areas of our website or Service are frequented most. We never use cookies to retrieve information from your computer that was not originally sent in a cookie. Most browsers are initially set to accept cookies. If you prefer, you can change your browser setting to refuse cookies. However, in so doing, you may not be able to fully utilise the Service. For legitimate security reasons, we may refuse access to specific website content unless you accept the use of a cookie or similar device.

Social Media Platforms

Communication, engagement and actions taken through external social media platforms in which we participate are subject to the terms and conditions and privacy policies of each social media platform respectively.

You are advised to use social media platforms wisely and to communicate upon them with due care and caution, having regard to their respective privacy and personal details policies.

We may use social sharing buttons, which help share web content directly from web pages to the social media platform concerned. You are advised before using such social sharing buttons that you do so at your own discretion and risk, and that the relevant social media platform may track and save your request to share a web page through your relevant social media platform account itself.

Banner Ads

Banner ads may be used to advertise the Service and promotions in connection with it. Our website may track the number of clicks on such ads for analytical and marketing purposes.

Intellectual Property / Ownership

The content of our website or apps associated with the Service, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or included in the same are protected by law, including but not limited to copyright and trade mark law. The content of our website or apps associated with the Service are our property and you will not, under any circumstances, acquire any right and title therein or use, distribute or reproduce the contents of the same in any way other than as is set out in this Privacy Policy.

You may not download (all or in part) for non-personal use or otherwise reproduce, transmit or modify any of the content without our explicit permission. However, you may print out part or all the content for your own personal use where such function is available. These permissions are revocable by us at any time. You are granted a non-exclusive license of those rights to view the content on a non-commercial basis only, revocable at any time.

Security: Viruses, Trojans, Worms or Equivalent

You must ensure that viruses, trojans, worms or equivalent or similar items do not enter your computer system or smartphone. We assume no responsibility for loss of whatever nature, howsoever arising, resulting from such viruses, trojans, worms or equivalent or similar items.

Links to Third-Party Websites, Applications, Products, Services, etc

Through the Service, we may provide links to third-party applications, products, services, or websites for your convenience and information. If you access those links, you will leave the Service for a third-party destination.

We do not control those third-party websites or their privacy practices, which may differ from our practices. We do not endorse or make any representations about third-party websites. The personal data you choose to provide to or that is collected by these third parties is not covered by this Privacy Policy. We encourage you to review the privacy policy of any website you interact with before allowing the collection and use of your Personal information.

We may also provide social media features that enable you to share information with your social networks and to interact with us on various social media websites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. We similarly encourage you to review the privacy policies and settings on the social media websites with which you interact to make sure you understand the information that may be collected, used, and shared by those websites.

Choices Regarding Use of Personal Information (Opt-Out)

Should you at any time decide that you do not want to continue to receive electronic communications (e.g. email announcements, notifications or special promotions) from us, you will have the ability to unsubscribe or “opt out” from such communications by means of a link provided in each such communication, or, if not provided therein, by sending an email or contacting us at the details provided for our customer support.

Objection

You have the right, on reasonable grounds, to object to our processing of data about you and we will consider your request. Please provide us with detail, by sending an email or contacting us at the details provided for our customer support as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such data.

You also have the right, at any time, to object to our processing of data about you in order to send you marketing material, including where we build profiles for such purposes, and we will stop processing the data for that purpose.

Accuracy, Access to and Updating Your Personal Information

We aim to keep your Personal information as accurate as possible.

Should you at any time desire to access, review, correct, update or delete your Personal information, you may do so by contacting us at the details provided for our customer support.

We will comply with such requests as soon as commercially reasonable or determined by law. To ensure the safety of Personal information, please note you may be subject to providing sufficient evidence of your identity at the time of any such request before any Personal information records will be made available by us.

Data Retention

The Personal information that you submit to us will only be retained for as long as required for the purposes for which it was collected or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements.

Returning, Destroying or Deleting Personal Information

Where we are no longer authorised to retain a record of any Personal information, we shall either:

ensure that the information is permanently destroyed or deleted as soon as reasonably possible; or
return the information to you as soon as reasonably possible, where this is physically possible.

Changes to this Privacy Policy

We reserves the right to change, amend or modify this Privacy Policy at any time and without prior notice to you in response to changes in applicable data protection and privacy legislation. Such amendments will be published herein and will apply from the date of such publication.

Please check the Privacy Policy frequently for changes. Your continued use of the Service following the posting of changes to these terms will mean you accept those changes.

We will take reasonable measures to notify you if there is a material change in our privacy practices with respect to use of the information you have provided to us. We will conspicuously post these changes in our Privacy Policy.

Recording and Monitoring Calls

We may record and monitor calls made or received by us to maintain high quality service standards, to check instructions and for your protection and ours.

Contact Us; The Regulator

We value your opinions. If you have comments, questions, concerns or complaints regarding your Personal information or this Privacy Policy, please communicate with us or contacting us at the details provided for our customer support.

We will treat your requests and/or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your communication to address it and to outline options regarding how they may be resolved or addressed. We will aim to ensure that any complaint and/or concern and/or query is resolved in a timely and appropriate manner.

If a data subject is unsatisfied with the manner in which we address any complaint with regard to our processing of Personal information, the data subject can contact the office of the Regulator, the details of which are set out below –

Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

Website: https://inforegulator.org.za/

Tel: 010 023 5200

General enquiries: [email protected]

POPIA complaints: [email protected]