Balderstone Sports Institute (Pty) Ltd (“BSI”)

Company Registration Number: 2005/004717/07

WEBSITE PRIVACY POLICY

This Privacy Policy (“Policy”) governs the collection, management and disclosure of personal information that BSI (“We”, “Us” or “Our”) collects through the BSI website (“Website”) accessible at www.bsisports.com and associated online services, including but not limited to the BSI Online Academy and BSI Online Store (“Services”). We respect your rights to responsible management of your personal information under the Protection of Personal Information Act 4 of 2013 (“the Act”). For the purposes of this Policy, personal information is defined in accordance with the definition provided in the Act. Use of the Website is subject to this Policy. By using this Website, users (“you” or “your” may be used interchangeably with “User”) signify consent to processing of personal information in accordance with this Policy. BSI may amend this Policy at any time. All amended terms shall be effective immediately upon the posting of the revised policy and any subsequent activity in relation to the Website and Services shall be governed by such amended terms and conditions of usage. If the User does not agree with any term in this Policy, please do not use this Website or submit any personally identifiable information through this Website or associated Services. You are not required to provide any Personal Information on the public areas of this website. However, You may choose to do so by completing online forms on various sections of the Website or otherwise made available through the Website.

If You do not agree to the Terms of this Policy, please do not use the Website or Services.

This Policy was last revised on 28 June 2021.

You are advised to regularly check the Website for any amendments or updates.

Enquiries: info@bsisports.com

 

1. Personal Information Collection and Use
   • BSI and/or its authorised agents and/or its representatives may collect, process, and store certain Personal Information from You in connection with Your use of the Website and/or the Services provided to You by BSI.

• Personal Information will not be shared, sold, rented or disclosed other than as described in this Policy.
• This Privacy Policy meets the requirements of notification and collection as per the Act.
• 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:
• first name and surname,
• email address,
• telephone and/or cell phone number,
• physical address,
• private correspondence between You and BSI,
• Details of the services you have provided or requested and any additional information necessary to deliver the service,
• details of responses to Your enquiries and any online communications between us and You, and
• any unsolicited information provided to us that we could have otherwise lawfully collected; and

 

• We collect Personal Information from the following persons:
  • natural persons over the age of 18; and

 

• natural persons under the age of 18, with the consent of a Competent Person.

 

• juristic persons duly represented by a representative,

 

• website visitors, and

 

• people who send enquiries or requests to Our contact email address.

 

• 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.

 

• Should the information We collect personally identify You, or You are reasonably identifiable from it, the information will be considered Personal Information.

 

• 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.

 

• You consent to the receipt of direct marketing communications regarding all future BSI activities and news.

 

• Consent to receive direct marketing communications can be revoked at any time by contacting Us via email at info@bsisports.com.

 

• BSI uses online 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.

 

• BSI may also automatically collect and store non-personally identifiable information related to Your use of the Website. Non-personally identifiable information may include Personal Information that has been aggregated.

 

• Your Personal Information is used for the following:
  • to enable access and ease of use of the Website;

 

• to notify You regarding changes or improvements in regard to product or service changes that could affect our service to You;

 

• to send you information on relevant services, products, seminars, training and events;

 

• to process and respond to any complaint made by You;

 

• to engage in electronic communications and transactions with You;

 

• to update Our records;

 

• to keep Your contact details up to date;

 

• to compile anonymous statistical data and analysis for use internally or with third parties;

 

• to resolve disputes and troubleshoot problems.

 

• We use cookies or other tracking technologies to collect information such as the pages You visit or the information You request. The information collected is kept confidential. The use of tracking technologies enables Us to keep track of Services You use, so that We may provide You with further information.

 

• Personal Information is automatically collected in relation to Your visit to the Website, such information includes but is not limited to:
  • Your browser type and version,

 

• Your device type,

 

• Your operating system,

 

• Your IP address, and

 

• Your geo-location.

 

• We are also able to use the information collected to improve Our internal business processes. We research Our Users’ habits, measure traffic patterns in the aggregate, analyse trends, administer the Website, track Users’ movements and gather broad demographic information.

 

• BSI uses Google Universal Analytics, which supports data collection without browser cookies. It helps Us to understand User interaction with Our Website and implement changes that evolve the Website to suit Your needs.

 

• The Website hosting agents and/or service providers may automatically log Your “IP address” which is a unique identifier for Your computer and/or other access device. Such information collected is for aggregate purposes only and cannot be used to identify You personally.

 

2. Consent To Process Personal Information
   • By using Our Website and/or Services, You represent that You are of the age of 18 or older or a Competent Person in the case of a minor. This consent is effective on access and use of the Website and/or Services.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.

 

• You understand that such consent to the processing of Your Personal Information by BSI pertains to access and use of the Website as well as the provision of the Services. 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.

 

• You expressly consent to BSI retaining Your Personal Information once Your relationship with BSI has been terminated for: aggregate, statistical and reporting purposes.

 

• 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 info@bsisports.com.

 

• Personal Information may be processed by BSI in the country where it was collected.

 

3. Handling Of Personal Information
   • 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.

 

• You may request access to any Personal Information We hold about You at any time by contacting Us via email at info@bsisports.com.

 

• BSI seeks to ensure the quality, accuracy and confidentiality of Personal Information in its possession.

 

• The User has the right to correct and update Personal Information as well as to revoke consent to the processing of Personal Information by BSI. The User, however, understands that BSI requires Personal Information to render Services and should the User decide to revoke consent BSI may not be able to provide the User with such Services.

 

• 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 or if it would result in a breach of confidentiality. Should this be the case, We will give You written reasons for any refusal.

 

• 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 web security tools, regular website and file backups, as well as additional website updates.

 

• 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.

 

• As Our Website and Services are linked to the internet, and the internet is inherently insecure, We cannot provide any assurance regarding the security of transmission of information You communicate to Us online. 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 online is transmitted at Your own risk.

 

• BSI will not sell, exchange or transfer Your Personal Information to any third party except as required in the provision of the BSI Services and in accordance with the consents provided by You.

 

• BSI will make amendments and/or updates to this Privacy Policy on occasion. Amendments made to this Policy shall become immediately effective. We encourage You to periodically review this Privacy Policy to keep informed about how We are protecting Your Personal Information. You can find the last date of change made to the Privacy Policy above for Your reference. Your continued Use of the Website is evidence of Your acceptance of this Privacy Policy and any updates made to it.

 

• The Website may contain links to other websites. BSI is not responsible for the privacy practices of third party sites.

 

4. Disclosure Of Personal Information
   • Records relating to the provision of Services by 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.

 

• BSI may disclose Your Personal Information to:
  • Our employees to enable Us to operate Our business;

 

• fulfil requests by You;

 

• any organization or party for any authorised purpose with Your express consent.

 

• BSI may further disclose Your Personal Information under the following circumstances:
  • To comply with the law or with legal process;

 

• To protect and defend BSI’s rights, equipment, facilities and other property;

 

• To protect BSI against misuse or unauthorised use of the Website and/or Services; and/or

 

• To protect other Website Users or third parties affected negatively by Your actions in use of the Services and/or the Website.

 

• Personal Information is stored on servers inside of South Africa.

 

• 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.

 

• 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. Social Media / Third Party Plug Ins
   • BSI’s Website contains links to third party websites that provide more information about BSI that We believe offers useful information.

 

• Social Media Third Party Website links contained in our website include:
  • Facebook
  • LinkedIn
  • Twitter
  • Instagram

 

• The corresponding icons associated with these social media providers work as external links, so that no information is transferred to one of these providers without clicking on one of the icons.

 

• By clicking on one of these links, you will be redirected to the website of the respective provider. The URL of the current page is passed as a parameter. BSI does not control these websites and we are not responsible for information you post or comments you make on these sites. BSI recommends that you review the privacy policies on the social media platforms you use before making remarks or observations in order to fully understand how your information will be used, what information related to you will be in the public domain, and how you can stop or prevent this from occurring.

 

6. Objections, Complaints And Queries
   • 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 info@bsisports.com. 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.

 

• We will treat Your requests or complaints confidentially.

7. Signature
   • 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.

 

8. Jurisdiction
   • 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. Notices
   • 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.

 

• Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
  • by hand will be deemed to have been received on the date of delivery;

 

• by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

 

• 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

 

• 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. Waiver
    • 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. Severability
    • 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. General
    • You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms to any third party.

 

• 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.

 

• 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.

 

• 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.