Balderstone Sports Institute (Pty) Ltd (“BSI”)
Company Registration Number: 2005/004717/07
This Policy was last revised on 23 June 2021. You are advised to regularly check the Website www.bsisports.com for any amendments or updates.
Information Officer: Isis Balderstone
1. Personal Information Collection and Use
1.1. BSI and/or its authorised agents and/or its representatives may collect, process, and store certain Personal Information from You in connection with the BSI student admission process.
1.2. Personal Information will not be shared, sold, rented or disclosed other than as described in this Policy.
1.3. For the purpose of this Policy, Personal Information is defined in accordance with the definition in the Protection of Personal Information Act 4 of 2013 (“the Act”). Generally, such information is information that can be used to personally identify You. In particular, however, BSI may collect the following information:
1.3.1. first name and surname,
1.3.2. identity number,
1.3.7. date of birth,
1.3.8. pictures and photographs;
1.3.9. personal opinions,
1.3.10. postal address,
1.3.11. physical address,
1.3.12. email address,
1.3.13. fax number,
1.3.14. telephone and/or cell phone number,
1.3.15. school results and/or academic transcripts,
1.3.16. medical information,
1.3.17. private correspondence between You and BSI,
1.3.18. Details of the services you have provided or requested and any additional information necessary to deliver the service,
1.3.19. any additional information necessary to facilitate the student admission process,
1.3.20. details of responses to Your enquiries and any online communications between us and You, and
1.3.21. any unsolicited information provided to us that we could have otherwise lawfully collected; and
1.4. We collect Personal Information from the following persons:
1.4.1. natural persons over the age of 18; and
1.4.2. natural persons under the age of 18, with the consent of a Competent Person.
1.5. As a parent or guardian, (a Competent Person), in the case of a minor, you consent to the collection, processing, sharing and storage of Special Personal Information for the purpose of facilitating the student admission process on behalf of a person under the age of 18.
1.6. Should the information We collect personally identify You, or You are reasonably identifiable from it, the information will be considered Personal Information.
1.7. BSI retains records for a period that is longer than is required by law and you hereby consent to such retention of Personal Information/Special Personal Information.
1.8. You consent to the receipt of direct marketing communications regarding all future BSI activities and news.
1.8.1. Consent to receive direct marketing communications can be revoked at any time by contacting Us via email at email@example.com.
1.9. BSI uses physical forms to collect Personal Information. By submitting Your Personal Information, You expressly consent to the collection, processing, sharing and storage of Your Personal Information as defined in this Policy.
1.10. Your Personal Information is used for the following:
1.10.1. Facilitating the student admission process;
1.10.2. Facilitating enrolment and participation at BSI;
1.10.3. processing and responding to any complaint made by You;
1.10.4. engaging in electronic communications and transactions with You;
1.10.5. updating Our records;
1.10.6. keeping Your contact details up to date;
1.10.7. compiling anonymous statistical data and analysis for use internally or with third parties; and
1.10.8. resolving disputes and troubleshooting problems.
2. Consent To Process Personal Information
2.1. You understand that such consent to the processing of Your Personal Information by BSI pertains to the student admission and enrolment process at BSI as well as associated purposes. Processing shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as blocking, degradation, erasure or destruction of information.
2.2. You, or a Competent Person in the case of a minor, consent/s to the processing of Personal Information/Special Personal Information. As a Competent Person you agree that giving such consent means that you have given BSI permission to collect and process the minor’s Special Personal Information in the ways described in this Policy.
2.3. You expressly consent to BSI retaining Your Personal Information once Your relationship with BSI has been terminated for: aggregate, statistical and reporting purposes.
2.4. In the event that You wish to revoke all consent pertaining to Your Personal Information and You would like BSI to remove and/or delete Your Personal Information entirely, You must notify BSI via email at firstname.lastname@example.org.
2.5. Personal Information may be processed by BSI in the country where it was collected.
3. Handling Of Personal Information
3.1. BSI endeavours to comply with all laws and regulations applicable to and pertaining to information and communications privacy including, but not limited to, the 1996 South African Constitution and the Protection of Personal Information Act 4 of 2013 (“the Act”). BSI applies the principles of protection of Personal Information under the Act as well as further legislation referred to in the Act.
3.2. You may request access to any Personal Information We hold about You at any time by contacting Us via email at email@example.com.
3.3. BSI seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession.
3.4. You warrant that You have the authority, permissions and consents to provide BSI with any third party information submitted to BSI.
3.5. You have the right to correct and update Personal Information as well as to revoke consent to the processing of Personal Information by BSI. You, however, understand that BSI requires Personal Information to facilitate admission, enrolment and attendance at BSI and should You decide to revoke consent BSI may not be able to provide You with such facilitation.
3.6. There may be instances where we cannot grant You access to the Personal Information We hold. We may need to refuse access if granting access would interfere with the privacy of others, commercial information of a third party or if it would result in a breach of confidentiality. Should this be the case, We will give You written reasons for any refusal.
3.7. BSI will take all reasonable measures in order to ensure Your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: the use of a sufficiently secure server, the installation of cyber security tools, regular file backups, access control mechanisms via username and password, and software protection for information for security.
3.8. Should an unauthorised person/s gain access to Your Personal Information BSI will contact You within a reasonable time to notify You of the security breach.
3.9. As the admission and enrolment process is facilitated via the internet, and the internet is inherently insecure, We cannot provide any assurance regarding the security of transmission of information You communicate to Us via online methods such as e-mail. We also cannot guarantee that the information You supply will not be intercepted while being transmitted over the internet. Accordingly, any Personal Information or other information which You transmit to Us via online methods is transmitted at Your own risk.
3.10. BSI will not sell, exchange or transfer Your Personal Information to any third party except as detailed in this Policy. You hereby consent to our sharing of Personal Information with Our third party service providers.
4. Disclosure Of Personal Information
4.1. Records relating to the student admission process at BSI to You and the Personal Information submitted by You may be required to be retained in terms of legislated records retention requirements, BSI’s operational purposes and/or for production as evidenced by BSI in legal proceedings.
4.2. In terms of Section 14(2) of the Act, records of personal information may be retained for periods in excess of those contemplated in 4.1 for historical purposes. BSI warrants that appropriate safeguards are in place to prevent the records being used for any other purpose.
4.3. BSI may disclose Your Personal Information to:
4.3.1. Our employees to enable Us to operate Our business;
4.3.2. fulfil requests by You;
4.3.3. any organization or party for any authorised purpose with Your express consent.
4.3.4. BSI may further disclose Your Personal Information under the following circumstances:
18.104.22.168. To comply with the law or with legal process;
22.214.171.124. To protect and defend BSI’s rights, equipment, facilities and other property; and/or
126.96.36.199. To protect other students or third parties affected negatively by Your actions.
4.3.5. Personal Information is stored on servers inside of South Africa. However, BSI may appoint certain agents, third parties and/or service providers which operate outside the borders of the Republic of South Africa. In these circumstances BSI will be required to transmit Your Personal Information outside South Africa. The purpose of the trans-border transfer of Your Personal Information may include, but is not limited to: data hosting and storage. You expressly consent to the trans-border flow of Your Personal Information or the Personal Information of a minor, as a Competent Person.
4.3.6. We have placed security safeguards to protect Your Personal Information through agreements concluded with third party service providers. We will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of Your Personal Information whilst under the care of the third party.
4.3.7. Should an unauthorised person/s gain access to Your Personal Information BSI will contact You within a reasonable time to inform You of the security breach.
5. Objections, Complaints And Queries
5.1. Should You have any questions about this Policy, or require a correction to be made to Your Personal Information that BSI keeps on record, or a copy of the record itself, or should You feel that You would like to object to the collection, use or processing of Your Personal Information by BSI or that You would like Us to delete Your personally identifiable information, then kindly send an email to firstname.lastname@example.org. We will endeavour to make the correction, provide You with the record (We reserve Our right to charge a small fee in this case), cease processing of Your Personal Information and/or delete it, in accordance with Your request.
5.2. We will treat Your requests or complaints confidentially.
6.1. You agree to be bound by any affirmation, assent, communication or agreement You transmit, including but not limited to any consent You give to receive communications from BSI solely through electronic transmission. You agree that, when You click on “I agree”, “I consent”, “Submit”, “Register” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
6.2. Alternatively, the indication by You that You accept these terms and conditions shall be established by You signing the student admission form/s.
7. Intellectual Property
7.1. All rights in the student admission process and the content on the student admission forms including copyright, design rights, database rights, trade marks, patents, inventions, knowhow, source codes and any other intellectual property rights in any of the foregoing are reserved for BSI and/or BSI’s content and technology providers.
7.2. The BSI logo, including any of those associated therewith, displayed are subject to copyright protection. The text, images, graphics, and their arrangement on the student admission forms are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution (unless otherwise indicated), nor may these objects be modified or reposted to other websites without written consent from BSI.
7.3. The student admission forms may contain further text, images, graphics, that are subject to the copyright of third parties and You agree not to use such materials in a manner that violates the rights of such third parties.
7.4. You may not (and may not authorise another party to): frame or otherwise co-brand the student admission forms (for example, by displaying a name, logo, trademark or other means of attribution) in a manner that is reasonably likely to give the impression that You or a third party has the right to display, publish or distribute the student admission forms.
7.5. No license to BSI’s intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated.
7.6. You may not modify the paper or digital copies of the student admission forms.
7.7. You may not use any part of materials on the student admission forms for commercial purposes without obtaining a license from BSI or their licensors to do so.
7.8. By submitting any content (“Your Content”), (including, without limitation, text, photos, and videos) to BSI, you represent and warrant:
7.8.1. that You are the owner of the material, or
7.8.2. As a parent or guardian, (a Competent Person), in the case of a minor, you consent to the use thereof, or
7.8.3. that the owner of the material has consented to Your use thereof.
7.9. BSI reserves the right to pre-screen content and in its sole discretion, and shall decide whether to publish, edit, distribute, refuse to publish and/or to remove any content that is provided by you. We reserve the right to remove Your Content if we believe that Your Content violates the terms of this Policy or may otherwise cause liability for Us.
7.10. When submitting content to BSI, You grant to BSI a royalty-free, perpetual, irrevocable, sub licensable, non-exclusive right and license to Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. "Use" means use, host, store, modify, communicate, and publish. This grant shall include the right to exploit any proprietary rights in any such material. You also grant Us the right to identify You as the author of any of Your submissions, feedback or comments by name, or e-mail address as we deem appropriate.
7.11. You agree to indemnify, defend and hold harmless BSI, its subsidiaries, affiliates, officers, directors, co-branders and other partners (including third-party partners to whom BSI may provide Your Content), employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal costs) that BSI or third parties may incur as a result of or arising from:
7.11.1. Your Content and any information you submit or transmit to BSI,
7.11.2. Your violation of these terms or applicable law or regulation,
7.11.3. Your violation of any rights of any other person or entity (including, but not limited to, third party privacy rights), or
7.11.4. any information or content We collect from third parties through the student admission process at your request.
8.1. These Terms and any dispute relating to these Terms will be construed and interpreted in accordance with the laws of the Republic of South Africa and You hereby consent to the exclusive jurisdiction of the South African courts.
9.1. BSI hereby selects 122 Club Street, Huddle Park Golf & Recreation, Linksfield, Gauteng Province, as its address for the service of all formal notices and legal processes in connection with this Policy (“legal address”). BSI may change this address from time to time by updating this Policy.
9.2. You hereby select the delivery address specified in your application as your legal address, but you may change it to any other physical address by giving BSI not less than 7 (seven) days’ notice in writing.
9.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
9.3.1. by hand will be deemed to have been received on the date of delivery;
9.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
9.3.3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
9.3.4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
10.1. Any failure by BSI to exercise or enforce any part of this Policy shall not be construed as a waiver of such right to exercise or enforce any part of this Policy.
11.1. If any provision of this Policy is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Policy, which shall remain in full force and effect.
12.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms to any third party.
12.2. No variation, addition, deletion, or agreed cancellation of the terms will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
12.3. No indulgence, extension of time, relaxation or latitude which any party (the “Grantor”) may show grant or allow to the other (the “Grantee”) shall constitute a waiver by the Grantor of any of the Grantor’s rights and the Grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the Grantee which may have arisen in the past or which might arise in the future.
12.4. These terms contain the whole agreement between You and BSI and no other warranty or undertaking is valid, unless contained in this document between the parties.