Who We Are
We are Esportif International (UK) Limited (‘Esportif’, ‘we’, ‘us’, ‘our’), a limited company (registered with number 05294295).
Our registered address is Oriel House, 26 The Quadrant, Richmond upon Thames, England, TW9 1DL.
Esportif is made up of different legal entities, details of which can be requested from our data protection ambassador. If you enter into an agreement with us to provide services to you, we will let you know which company in our group is responsible for your data. You can also contact us to ask who the responsible company is over particular data at any time.
Esportif is the controller and responsible for this website.
We have appointed a data protection ambassador who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our data protection ambassador (Hannah Bowe) by email at email@example.com.
What We Do
Our work concerns the management of world class rugby talent, including players, ex-players and coaches, and the provision of advisory services to professional rugby clubs and national unions. Our primary function is to source and negotiate the terms of playing contracts on behalf of our Clients (defined below).
The services that we provide are handled by our talent representatives, commercial representatives, and intelligence representatives and/or financial/client services representatives as appropriate.
Our intelligence division is dedicated to servicing professional rugby bodies and related investors / decision-makers, providing advice around recruitment and retention, organisational structures and industry insights.
For more information on what we do please click here.
The Esportif promise
- We only hold data to provide the services set out under “What We Do?”
- We never share information of Clients with third parties or transfer their data outside of the EEA, without making sure it is adequately protected and notifying the Client where considered necessary.
- We will always be open about our intended use of data.
- When requested by an individual we will disclose all information held on that individual.
- We will endeavour to adequately protect all data and educate Esportif staff of the importance of keeping data safe and secure.
How do you use my data?
How we use your data depends on the nature of your relationship with us and the services we provide to you:
‘Clients’ = individuals who engage with Esportif to whom we provide our services.
‘Non-clients’ = individuals whose personal data we collect, but who do not directly engage with Esportif.
1) When you become a Client:
We will use your personal information to provide the services we have agreed to carry out. The details we collect from you when you become a Client include your:
- Date of birth;
- Contact details;
- Next of Kin/family name and contact details;
- Rugby-related information: club, position, appearances (and/or caps), tries, points, honours, nationality / eligibility for competition;
- Identity information: Passport / Visa (where required for servicing);
- Employment-related information: remuneration (current and previous), employer, remuneration, representative, mandate, off-contract, transfer fees and related (where applicable);
- Commercial and media activity and contracts (where applicable);
- Bank details, professional advisor details – accountant, insurance (where applicable);
- Company information – image rights (where relevant for servicing).
- This is saved on a secure Microsoft client relationship management system, accessible only via login with an Esportif account. Email and Whatsapp correspondence (as provided by you) is also maintained by individuals in accordance with company policy.
- In order to provide our services to you as a Client, we share your personal information with third parties for:
- Negotiation purposes (e.g. positional benchmarking);
- Compassionate reasons;
- Payment processing;
- Commercial business purposes (e.g. business planning, commercial remuneration);
- Newsletter distribution or bespoke offers (to communicate information about our services, including ‘deals’ for Clients and Esportif updates);
- Market education, planning and strategic insights (e.g. in determining average ‘squad costs’). Data is suitably anonymised to protect individual interests (e.g. salary will be ‘averaged’ across a minimum of three subjects so as to protect identity);
- Social media – data is not considered to be in a form that is (a) sensitive to an individual, or (b) puts an individual’s identity at risk.
We need to process your personal information in this way to fulfil our obligations under the contract between us.
2) When you are not an Esportif Client (“Non-client”) but we handle your personal data:
In order to provide our services to Clients and to provide useful industry insights to relevant third parties (such as rugby clubs), we collect the following types of data about Non-clients from publicly available sources:
- Rugby-related information: club, position, appearances (and/or caps, tries, points), honours, nationality / eligibility for competition;
- Employment-related information – estimated remuneration (current and previous), employer, representative, off-contract, transfer fees and related (where applicable).
- We share this personal information:
- For commercial business purposes (e.g. individual and group benchmarking, comparative analysis, trends, recruitment and retention, industry insights) on a group-based and anonymised basis; and
- For providing our services to Clients.
We have a legitimate interest to collect this data in order to provide our services to Clients and promote the success of the business in providing unique and well-informed intelligence. To the extent this is possible, Esportif anonymises this Non-client data to minimise any impact on the privacy rights of the Non-client.
Whilst Esportif will take reasonable steps to only use personal information that is accurate and up to date, in light of the nature of any publically available information, we do not verify the accuracy of this information.
3) When you phone us or visit our website:
When you phone us or contact us by email with general queries, we may also handle your personal information (such as your name, contact details and the other details you provide to us) in order to provide the customer services you have asked us to. This could be when you ask us to provide more information about the services that we provide to Clients or how our Esportif Intelligence division works.
We rely on your consent to handle your personal information in this way. If you do not provide us with the personal information we request from you for customer services purposes, we may not be able to fully answer your queries.
If our business is sold:
We will transfer your personal information to a third party:
- if we sell or buy any business or assets, we will provide your personal information to the seller or buyer (but only to the extent necessary, and always in accordance with data protection legislation); or
- if Esportif or the majority of its assets are acquired by somebody else, in which case the personal information held by Esportif will be transferred to the buyer.
- We process your personal information for this purpose because we have a legitimate interest to ensure our business can be continued by the buyer. If you object to our use of your personal information in this way, the relevant seller or buyer of our business may not be able to provide services to you.
- In some circumstances we may also need to share your personal information if we are under a duty to disclose or share it to comply with a legal obligation.
What about technical information and analytics?
Information we collect about you: When you visit our site we will automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, screen resolution, operating system and platform; and
- information about your visit, including the full Uniform Resource Locators, clickstream to, through and from our site (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.
- Information we receive from other sources: We are also working closely with third party advertising networks, analytics providers, hosting providers and search information providers from whom we may also receive general aggregated anonymous information about you.
- We will combine the information you provide to us with information we collect about you.
Where is my data stored?
All information you provide to us is stored on our secure servers or those of our third party data storage providers within the EEA.
How long do we retain your data?
Where we no longer have a requirement to retain or process your data for the specified purpose(s) that it was collected (including any legal or accounting requirements), we shall stop processing that data and irretrievably delete it or anonymise it.
In some circumstances, however, such as for historical trend purposes and applications for forecasting, we may anonymise or pseudonymise your personal data so that it can no longer be associated with you, in which case we may use this information indefinitely without further notice to you.
To determine the appropriate retention period for the personal information we hold, we consider the amount, nature and sensitivity of the personal information, the risk of harm from unauthorised use or disclosure of your personal information, the reasons why we handle your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
Your right to object under data protection laws
You have the right to object to us handling your personal information when:
- we are handling your personal information based on our legitimate interests (as described in the “How do you use my data” section above). If you ask us to stop handling your personal information in this way, we will stop unless we can show you that we have compelling grounds as to why our use of your personal information should continue; or
- for marketing purposes. If you ask us to stop handling your personal information on this basis, we will stop.
What are my rights under data protection laws
You have various rights under the data protection laws, which you can exercise by contacting us. The easiest way to do this is by contacting Hannah Bowe email at firstname.lastname@example.org.
Right of access
You are entitled receive confirmation as to whether your personal information is being processed by us, as well as various other information relating to our use of your personal information.
You also have the right to access your personal information which we are handling.
Right to rectification
You have the right to require us to rectify any inaccurate personal information we hold about you. You also have the right to have incomplete personal information we hold about you completed, by providing a supplementary statement to us.
Right to restriction
- You can restrict our processing of your personal information where:
- You think we hold inaccurate personal information about you;
- Our handling of your personal information breaks the law, but you do not want us to delete it;
- We no longer need to process your personal information, but you want us to keep it for legal reasons; or
- Where we are handling your personal information because we have a legitimate interest (as described in the “How We Use Your Data” section above, and are in the process of objecting to this use of your personal information.
- Where you exercise your right to restrict us from using your personal information, we will then only process your personal information when you agree, except for storage purposes and to handle legal claims.
Right to data portability
You have the right to receive your personal information in a structured, standard machine readable format and to send this to another organisation controlling your personal information.
This right only applies to your personal information we are handling because you consented to us using it or because there is a contract in place between us.
Right to Erasure
You have the right to require us to erase your personal information which we are handling in the following circumstances:
- Where we no longer need to use your personal information for the reasons we told you we collected it for;
- Where we needed your consent to use your personal information, you have withdrawn your consent and there is no other lawful way we can continue to use your personal information;
- When you object to our use of your personal information and we have no compelling reason to carry on handling it;
- If our handling of your personal information has broken the law; and
- When we must erase your personal information to comply with a law we are subject to.
Right to complain
You have the right to lodge a complaint with the Information Commissioner’s Office, the supervisory authority for data protection issues in England and Wales.
What about LINKED websites?
Our site may, from time to time, contain links to and from the websites of our partner networks and affiliates.
Our site connects you to different websites. If you follow a link to any of these websites or use our services, please note that you have left our site and these websites have their own privacy policies.
We do not accept any responsibility or liability for these policies or websites. Please check their policies before you submit any personal information to these websites.
How do I contact you with feedback?
BY ACCESSING AND USING THIS WEBSITE AND/OR ENQUIRING ABOUT OR USING AND SERVICES, THE USER IS PROVIDING THEIR EXPRESS AND VOLUNTARY CONSENT TO THE PROCESSING OF THEIR PERSONAL INFORMATION BY THE COMPANY ON THE BASIS SET OUT IN THIS PRIVACY NOTICE. IF THE USER DOES NOT CONSENT, THE USER MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS WEBSITE AND OUR SERVICES.
- 1.1 COMPANY collects, uses and, in some circumstances, shares the personal information of Users in and through this website and during the provision of services to you.
- 1.2 COMPANY respects the rights of Users whose personal information is collected and used by it, including their right to protection against the unlawful collection, retention, sharing and use of such personal information.
2. Definitions and interpretation
- 2.1.1 ‘’consent’’ means any voluntary, specific and informed expression of will in terms of which permission is given by or on behalf of a User for the processing of their personal information;
- 2.1.2 ‘‘direct marketing’’ means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to the data subject;
- 2.1.3 ‘’information officer’’ means the head of COMPANY from time to time.
- 2.1.4 ‘‘operator’’ means an outside third party who processes personal information for or on behalf of COMPANY in terms of a contract or mandate;
- 2.1.5 ‘’personal information’’ means any information linked to a User or information that can identify a User, including but not limited to:
- 188.8.131.52 information relating to a User’s gender, nationality, ethnic or social origin age, language;
- 184.108.40.206 a User’s e-mail address, physical address, telephone number, location information or online identifier;
- 220.127.116.11 a User’s financial information including banking details and invoice information;
- 18.104.22.168 a User’s personal opinions, views or preferences;
- 22.214.171.124 correspondence sent by a User which is of a private or confidential nature;
- 126.96.36.199 the User’s special personal information, including without limitation information about a User’s health; and
- 188.8.131.52 the User’s name if it appears with other personal information relating to that User, or if the disclosure of their name on its own would reveal further personal information about that User;
- 2.1.6 ‘’POPIA’’ means the Protection of Personal Information Act of 2013, including any regulations or codes of conduct promulgated under it;
- 2.1.7 ‘’PAIA’’ means the Promotion of Access to Information Act 2 of 2000;
- 2.1.8 ‘’process or processing’’ means, in relation to personal information, any operation or activity or any set of operations, whether or not by automatic means, including:
- 184.108.40.206 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information;
- 220.127.116.11 dissemination by means of transmission, distribution or making available in any other form; or
- 18.104.22.168 merging, linking, as well as restriction, degradation, erasure or destruction of that information;
- 2.1.9 “special personal information” means the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health, sex life or any biometric information of a User; and may include criminal behaviour of a User to the extent such data relates to the alleged commission of the User of an offence or any proceedings in respect of any offence allegedly committed by a User or the disposal of such proceedings
- 2.1.10 “services” means the products and services provided to any User by COMPANY;
- 2.1.11 ‘’User’’ means a visitor or user of this website, or any of the content or services associated with this website or the services offered by the Company; and
- 2.1.12 ‘’the website’’ means the website or any part thereof which is accessible from www.esportif.com.
- 2.2.1 the singular includes the plural and vice versa;
- 2.2.2 any one gender includes the other genders, as the case may be;
- 2.2.3 an act, regulation or other law is to the version of that law in force at the effective date of this Policy and includes any amendment or re-enactment made to that law after the effective date of this Policy.
2.3 When calculating any number of days for the purposes of this Policy, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.
2.4 The word “include” means “include without limitation”. Use of the word ‘’include’’ or ‘’in particular’’ is for illustration or emphasis only and where followed by specific examples must not be interpreted as limiting the meaning of the general wording preceding it.
3. Responsible Party
- 3.1 COMPANY will be the party who will be collecting and processing a User’s personal information and as such is designated as the ‘’responsible party’’ for the purposes of this Policy.
- 3.2 COMPANY‘s contact details are as follows:
- 3.2.1 Email address: @esportif.com
- 3.2.2 Website address: www.esportif.com
- 3.3 COMPANY may instruct third party operators from time to time to undertake certain processing activities relating to the User’s personal information.
4. What Personal Information Is Collected
- 4.1 COMPANY may collect the following personal information from the User:
- 4.1.1 Initials, first name, surname;
- 4.1.2 Date of birth;
- 4.1.3 Email address;
- 4.1.4 Age and language preference;
- 4.1.5 Gender and other physical identifiers such as height and weight;
- 4.1.6 Health and fitness information;
- 4.1.7 Sporting experience and information including details about previous teams, team members, coaches, advisors or clubs;
- 4.1.8 Online identifiers such as social media handles;
- 4.1.9 Financial information;
- 4.1.10 Cellphone number;
- 4.1.11 Physical address;
- 4.1.12 Employment details;
- 4.1.13 Family details;
- 4.1.14 Company registration and VAT number; and
- 4.1.15 Identity or passport number, valid visa and other travel information and nationality.
- 4.2 The supply of personal information by the User to COMPANY is voluntary and not mandatory. However, if the User refuses to supply any personal information, certain consequences may naturally flow from such a refusal, such as preventing COMPANY from concluding or performing any contract with the User, or preventing COMPANY from complying with one or more of its obligations in law.
- 4.3 There is no applicable law which directly requires or authorises COMPANY to collect a User’s personal information.
5. Purpose/s For Collection And Processing Of Personal Information
- 5.1 COMPANY shall only collect a User’s personal information for a specific, explicitly defined and lawful purpose relating to a function or activity of COMPANY‘s business.
- 5.2 Such purposes may include the following:
- 5.2.1 to enter into a contract with a User;
- 5.2.2 to perform any obligations under a contract with a User;
- 5.2.3 to comply with a legal obligation;
- 5.2.4 to protect a legitimate interest of a User (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds);
- 5.2.5 to pursue its own legitimate interests or the legitimate interests of a third party who it is sharing the information with (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds);
- 5.2.6 to process personal information for direct marketing purposes (only if the User has opted in to receiving any direct marketing material);
- 5.2.7 to customise and display content to the User in a way that COMPANY feels may interest the User or be most beneficial to them;
- 5.2.8 to send content including, but not limited to products, articles, listings and advertisement content to the User via email or other electronic media, where the User has consented to be contacted by COMPANY with such content;
- 5.2.9 to enable the User to voluntarily participate in interactive features;
- 5.2.10 to notify the User about changes to the website or services.
- 5.3 If COMPANY intends to process a User’s personal information for any other purpose not listed in clause 5.2 or which is otherwise not automatically permitted by law, it shall ensure that it obtains the User’s written consent to do so.
- 5.4 COMPANY will not sell a User’s personal information to any third party without the prior written consent of the User., such consent may be included in a contract you sign with the COMPANY.
6. Collection Directly From User
- 6.1 COMPANY shall, as far as possible, always collect personal information about a User directly from the User, except in the following circumstances:
- 6.1.1 Where personal information is collected from a public record, or from another source if the information has already been made public by the User for example from social media platforms;
- 6.1.2 where the User has given their written consent to COMPANY to collect their information from another source;
- 6.1.3 where the collection of a User’s personal information from another source will not prejudice any of the User’s legitimate interests;
- 6.1.4 where the collection of personal information from another source is necessary to maintain COMPANY’s legitimate interests or those of any third party it intends sharing the information with;
- 6.1.5 where the collection of personal information directly from the User would prejudice the purpose for the collection;
- 6.1.6 where the collection of personal information directly from the User is not reasonably practicable in the circumstances.
- 6.2 If COMPANY collects personal information from a source other than the User, it shall record in writing the details of that source, including the full names and contact details of that source where applicable.
- 6.3 Personal information may be collected from or supplied by the User in any of the following ways:
- 6.3.1 when subscribing to a service;
- 6.3.2 when requesting further services or information from COMPANY;
- 6.3.3 when entering into an agreement with the COMPANY;
- 6.3.4 when contacting COMPANY to report a problem with the website or the services or for any other reason;
- 6.3.5 when completing any forms on the website.
- 6.4 The User may visit the website without providing any personal information. However, the website’s servers may still collect technical information regarding the use of the website, which is aggregated for analytical purposes, technical maintenance and for improving the content offered on the website. Such information may include details of the User’s visit, information about the User’s computer, including IP (Internet Protocol) address, operating system and browser type, the User’s location, and usage information. An individual User will not be identified from or by this information and COMPANY is entitled to copy, distribute or otherwise use such information without limitation.
- 7.1 “Cookies” are small text files transferred by a webserver to a User’s hard drive and thereafter stored on their computer. The types of information a Cookie collects includes a User’s username, the date and time of their visits to the website, their browsing history and preferences.
- 7.2.1 distinguish one User from another on the website;
- 7.2.2 remember the User’s last session when they return to the website;
- 7.2.3 estimate the website’s audience size and usage patterns;
- 7.2.4 store information about the User’s preferences, which allows COMPANY to customize the website and content according to the Users individual preferences; and
- 7.2.5 speed up searches on the website.
8. General Conditions For Processing Personal Information
- 8.1 COMPANY shall comply with all laws, contracts or regulations when it processes a User’s personal information.
- 8.2 COMPANY shall not act unreasonably when processing a User’s personal information. This means that it will collect and process a User’s personal information in a way that the User can reasonably expect and in a way that is fair.
- 8.3 COMPANY shall respect the User’s right to privacy at all times. If there is another way in which it can achieve the same goal without posing any risk of harm to the privacy rights of the User, then it will choose that option.
- 8.4 Similarly, if COMPANY needs to process personal information but there are less privacy-invasive methods of collecting, using and sharing that information, then it will use those methods.
- 8.5 COMPANY shall ensure that the personal information that is collected and processed is and remains relevant to the identified purpose/s for such processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s.
- 8.6 If there are any alternative ways to achieve the identified purpose/s without processing personal information, COMPANY shall not process that personal information.
- 8.7 COMPANY shall ensure that the processing activities it chooses to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s.
- 8.8 COMPANY shall ensure that, regardless of the stated purpose/s for processing personal information, the rights and interests of Users will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, it shall ensure that its own rights and/or interests justify such prejudice or infringement taking place.
- 8.9 COMPANY shall be entitled to store the personal information of Users indefinitely unless the User objects thereto. In the event a User objects to the indefinite storage, once COMPANY has achieved the purpose for the collection of the User’s personal information, it will destroy or delete such information, unless the User has directed otherwise in writing, or COMPANY is required by law to retain the information for a longer period of time.
- 8.10 If COMPANY no longer needs to process personal information to achieve the purpose originally specified, it will stop using that information.
9. Disclosure And Sharing Of Personal Information
- 9.1 COMPANY may, in the course of providing any content or services on this website, or for the purposes of concluding or performing any other services or transaction with a User, share certain personal information with third party operators who perform certain processing activities on behalf of COMPANY.
- 9.2 The information shared and the categories of third party operators with whom it is shared will always be notified to you prior to being shared:
- 9.2.1 Regulators or government departments;
- 9.2.2 Courier companies; and
- 9.2.3 Professional advisers.
- 9.3 COMPANY may also share aggregated information about Users of this website and their usage patterns. COMPANY may also use such aggregated information to help advertisers target specific audiences. Such aggregated information will be de-identified and the User’s personal information will not be disclosed.
- 9.4 Other than as stated in clause 9.1 and 9.3, COMPANY shall not share a User’s personal information with any third parties unless it has the User’s express consent to do so.
10. User’s Rights In Relation To The Processing Of Their Personal Information
- 10.1 Users shall have the following rights in relation to the processing of their personal information:
- 10.1.1 to access and correct any personal information held by COMPANY about them;
- 10.1.2 to object to the processing of their information; and
- 10.1.3 to lodge a complaint with the Information Regulator.
- 10.2 Users may make a request in terms of clause 10.1.1 by following the process for making such a request as set out in COMPANY’s PAIA manual.
11. Further processing
- 11.1 COMPANY shall not process a User’s personal information for any purpose not previously specified except in the following circumstances:
- 11.1.1 where the User has consented to such further processing;
- 11.1.2 where the further processing is necessary for the exercise of any contractual rights or the fulfilment of any obligations between COMPANY and the User;
- 11.1.3 where the further processing activities are linked to or compatible with the original purpose;
- 11.1.4 where the further processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence;
- 11.1.5 where the further processing is necessary to enforce any law;
- 11.1.6 where the further processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated;
- 11.1.7 where the further processing is necessary to prevent or mitigate a serious and imminent threat to the life or health of the User or another individual;
- 11.1.8 where the further processing is necessary for historical, statistical or research purposes.
- 11.2 COMPANY shall ensure that if it intends processing personal information for other purposes not previously specified, it shall notify the User of such further purposes and the possible consequences of the intended further processing for the User.
12. Accuracy, Correctness And Completeness Of Personal Information
- 12.1 COMPANY shall take reasonably practicable steps to ensure that the personal information kept by it about Users is complete, accurate, not misleading and is updated when necessary.
- 12.2 However, if a User is aware of any personal information in COMPANY’s custody that is incorrect, inaccurate or which needs to be updated, the User must make a written request to COMPANY’s information officer at email@example.com to update or correct the relevant information.
- 12.3 If a User has contested the accuracy of any personal information being used by COMPANY, it shall immediately stop using that information until its accuracy has been verified.
- 12.4 COMPANY reserves its right to only adhere to a request from a User in terms of clause 12.2 if the correction or updating of that information will result in the personal information being correct and accurate.
- 12.5 Where personal information that has been shared by COMPANY with a third party is subsequently updated or corrected, COMPANY shall ensure that all third parties, with whom that information was shared, receives the updated and/or corrected version of the information as soon as it has been updated and/or corrected.
13. Security Safeguards
- 13.1 COMPANY is committed to protecting the personal information in its custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that information.
- 13.2 COMPANY takes steps to continually identify and document any risks to the personal information it has in its possession or under its control and that appropriate security safeguards are in place against those risks.
- 13.3 COMPANY shall ensure that in any contracts entered into with third party operators who process personal information on COMPANY’ behalf, include the following obligations:
- 13.3.1 the operator shall not process any personal information without COMPANY’s knowledge and authority;
- 13.3.2 the operator shall treat all personal information given to it as confidential and shall not disclose it to any unauthorised third parties;
- 13.3.3 the operator shall establish and maintain adequate security measures which are the same or offer similar protection over the personal information as that employed by COMPANY;
- 13.3.4 the operator shall notify COMPANY immediately where there are reasonable grounds to believe that any personal information has been leaked to or accessed by any unauthorised person;
- 13.3.5 if the operator is situated in another country, it must comply with the data protection laws in that country and be able to provide verification that it is so compliant;
- 13.3.6 if an operator is legally obliged to disclose any personal information processed by them on COMPANY’ behalf to other parties, it must notify COMPANY beforehand to enable COMPANY and/or individual Users to protect their rights if necessary.
- 13.4 COMPANY shall ensure that all personal information on its systems is properly backed-up and that back-up copies are stored separately from the live files.
14. Notification Of Breach Of Security
- 14.1 If personal information about a User is inadvertently leaked or COMPANY’s security has been unlawfully breached by any unauthorised party, COMPANY shall immediately identify the relevant Users who may be affected by the security breach, and shall contact them at their last known email address or contact details or by the quickest means possible.
- 14.2 COMPANY shall provide sufficient information to the User to allow him or her to take the necessary protective measures against the potential consequences of the compromise, or shall advise Users of the steps to be taken by them and the possible consequences that may ensue from the breach for them.
15. Decisions Based On Personal Information Processed
- 15.1 If COMPANY is required to make a decision about a User using any personal information that has been obtained, it shall ensure that a record of such information and the decision made is kept for a reasonable period of time to give the User an opportunity to request access to that record.
- 15.2 COMPANY shall allow a User a reasonable opportunity to make representations before any decision is made solely on the basis of the personal information processed, if that decision will affect the legal position of the User, or will otherwise adversely affect them in some manner or form.
- 15.3 COMPANY shall always ensure that the underlying logic behind any decision made pursuant to the automated processing of personal information is sound and that this underlying logic can be communicated to the User to enable them to make representations.
- 15.4 If COMPANY has made a decisions based on incorrect personal information, it shall immediately revisit that decision as soon as it receive Policy or becomes aware of the error or inaccuracy of that information.
16. Linked Third Party Websites
- 16.1 This website may contain links or references to other websites, including those of advertisers (“third party websites“) which are not under COMPANY’s control.
17. Direct Marketing
- 17.1 The User hereby consents to the processing of their personal information for the purpose of direct marketing by means of electronic communications including automatic calling machines, facsimile machines, SMS’s or electronic mail.
- 17.2 COMPANY will only send electronic communications to the User for the purpose of marketing similar products or services offered by COMPANY, with the User’s consent.
- 17.3 The User may object, free of charge, and without unnecessary formality, to the use of their details either when the information was first collected from them or when each subsequent electronic communication is sent to them by COMPANY.
- 17.4 The User can opt out of receiving further marketing communications by un-Companyg certain boxes on the forms used on the website to collect their personal information, or by contacting COMPANY at firstname.lastname@example.org
18. Children’s Personal Information
19. Cross Border Transfers Of Personal Information
- 19.1 COMPANY may transfer personal information to another country in the following circumstances:
- 19.1.1 the transfer is necessary for the performance of a contract that COMPANY has with the User;
- 19.1.2 the transfer is necessary for the conclusion or performance of a contract with a third party which is for the benefit of or in the interest of the User;
- 19.1.3 the transfer is otherwise for the benefit of the User;
- 19.1.4 the transfer is for research purposes to prevent or curb the spread of COVID-19 or another viral outbreak; or
- 19.1.5 the User has consented to the transfer of their information.
- 19.2 If COMPANY is required to transfer personal information from South Africa to a third party in a foreign country, such transfer will only be to a foreign country with data protection laws with a similar or adequate level of protection as POPIA unless we have obtained your written consent.
20. Retention Of Information
- 20.1 COMPANY will keep a record of any personal information collected for no longer than agreed by the User or as is necessary to achieve the specific purpose for which it collected such information in the first place unless:
- 20.1.1 It is required by law to keep a record of such information for a longer period of time; or
- 20.1.2 It needs to keep a record of such information for another lawful purpose; or
- 20.1.3 It has a contractual obligation to keep a record of such information; or
- 20.1.4 The User has consented to their information being kept for a longer period.
- 20.2 COMPANY may, if it has de-identified personal information, kept such information for historical, statistical or research purposes. COMPANY shall ensure that appropriate safeguards are in place to prevent those records from being used for any other purposes, or against the information being re-identified.
21. Returning, Destroying Or Deleting Personal Information
- 21.1 Where COMPANY is no longer authorised to retain a record of any personal information, it shall either:
- 21.1.1 ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or
- 21.1.2 return the information to the User or transfer it to a third party, if requested by the User in writing to do so.
- 22.2.1 the types of personal information to be processed, including specifically special personal information;
- 22.2.2 the specific processing activities to be undertaken;
- 22.2.3 the specific purpose/s for such processing; and
- 22.2.4 the possible consequences for the User that may arise from such processing.
- 22.3 Should a User wish to withdraw any consent previously given by the User, they must notify COMPANY’s information officer in writing.
23. Lodging An Objection
- 23.1 A User may, on reasonable grounds, object to the processing of their personal information at any time after that processing has started.
- 23.2 If a User wishes to object to the processing of their personal information, they must send written Policy of their objection to COMPANY’s information officer, together with their reasons for doing so.
24. Choice Of Law
For more information on your rights to privacy over your information, or the information processing activities of COMPANY, please do not hesitate to contact us directly on email@example.com.