THE SHARKS (PTY) LIMITED THE PROTECTION OF PERSONAL INFORMATION ACT PRIVACY NOTICE
Overview
This Privacy Notice applies to you as a customer, fan or as a guest and explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data and keep it safe.
There’s a lot of information here, but we want you to be fully informed about your rights, and how The Sharks uses your data; for example, we will explain how we analyse and combine all the data we hold about you to ensure communications are personalised and relevant.
We hope the following sections will answer any questions you have but if not, please do not hesitate to get in touch with us.
PRIVACY NOTICE
1. Application
This privacy notice applies to you as a fan or as a guest, namely a person who accesses or registers on our platforms, regardless of the device which you use to access it (e.g., a computer, mobile phone, tablet etc).
2. Summary of how we use your data
Our website and app are designed to allow fans of The Sharks (“Sharks” “we” or “us”) to interact with the club. We use your personal data in various ways to facilitate this.
The Shark’s use of your personal data allows us to provide products, tickets, and services that you have purchased, to communicate with our fans, to provide you with information about us and about our products, services and events and may also include, where we are allowed to do so, contacting you about products and services and events that we think you’ll be interested in.
Our privacy notice describes how The Sharks will make use of your personal information when you visit our website or app, when we communicate with you and when you buy tickets or products from us.
3. What personal information do we collect and why?
Personal information refers to information about you, such as your name and surname, gender, age, date of birth, contact details (phone number and email) and address, physical location, ID number and your image.
We use the above information:
To contact you in order for us to manage, administer and provide our products and services to you.
To respond to any correspondence and service-related enquiries you send to us in respect of our products or services.
To provide you with the latest relevant information such as operational updates (including access information, ticketing information and fixture changes) relating to match days and other events.
We will use this information to market products and services to you where you have consented to this.
We will also use this information to market Shark’s products and services to you (including via electronic means) and to inform you about The Sharks news, competitions, events and other information, to the extent you have not opted-out and to the extent such marketing relates to a product and/or service you have previously ordered or purchased or to a product or service you are communicating with us or have expressed an interest in.
We may use this information to collect payment of debts from you, for example where payments for suite leases are due and owing.
To invite you to give us feedback and/or take part in market research or surveys to assist us with improving our fan or customer experiences and our products and services.
4. How we collect your personal information
We collect your personal information in three ways, namely:
actively from you;
passively from your device when you use our platforms; and
passively from companies in The Sharks Group of companies (our “affiliates”) and third-party service providers.
4.1 Active collection of personal information
Some areas of our site may require you to submit certain information in order for you to register for certain services or benefit from specified features, such as when you register on our platforms, request to receive any newsletters or similar subscriptions or tips/pointers, or participate in a particular activity, such as a game, promotional competition or other promotion (collectively referred to as the “value added services”). If you contact us, we may keep a record of that correspondence.
If you want to take advantage of any of our site sharing features, we will ask you to create a publicly visible profile, indicating, for example, your username and e-mail address.
Our site may also collect personal information from you by asking you specific questions and by permitting you to communicate directly with us, for example via e-mail, feedback forms, site comments and forums.
In these situations, we will:
ask you for specific information;
inform you at each information point what information is required and what information is optional; and
indicate the consequences if you don’t give us the relevant information. (You will generally need to provide us with the relevant information in order to take full advantage of our platform features.)
The information we may actively collect from you may include your:
identifying information (e.g., your name, surname, username, unique identifier (if you haven’t chosen a username), gender, date of birth, profile picture and physical location); or
contact details (e.g., e-mail address and phone number)
4.2 Passive collection of personal information from your device
We passively collect some of your personal information from the device which you use to access and navigate through our platform(s), using various technological means.
One of the keyways in which we collect information passively is using server logs to collect and maintain log information.
We also use cookies and anonymous identifiers which enable our computer system to recognise you when you next visit our site, to distinguish you from other site users and to improve our service to you. Please refer to our ‘Cookie Policy’.
4.3 Passive collection of personal information from our affiliates and third-party service providers
We collect some personal information passively from our affiliates and third-party service providers, purely to supplement information which you have already agreed to give us thereby enhancing your fan experience on all of our platforms.
5. How long do we keep your personal information for?
We retain all personal information which we collect from you (except for the information referred to below) unless there is a valid technical, legal or business reason for us to delete, destroy or de identify it (“retained information”).
We will not retain the following information if you ask us not to –
the content of your public communications via our site with site users or third parties for as long as the relevant site feature remains active.
We may keep all retained information for as long as you continue to access our site and for three (3) years thereafter:
Notwithstanding the above, and any other provision of this privacy notice, we may keep some or all your personal information if and for as long as:
we are required by law, a code of conduct or a contract with you to keep it;
we reasonably need it for lawful purposes related to our functions and activities;
we reasonably need it for evidentiary purposes; or
you agree to us keeping it for a specified further period.
6. Disclosure of your Personal Information
We will not disclose, for commercial gain or otherwise, your personal information other than as set out in this privacy notice or with your permission.
We may disclose or share your personal information to or with:
our affiliates;
our employees, contractors and agents if and to the extent that they need to know that information in order to process it for us and to provide services for or to us, such as site hosting, development and administration, technical support, financial services such as processing of payments, delivery services, marketing services (only in respect of our site, products and services) and other support services;
in order to enforce or apply our terms of use or any other contract between you and us;
in order to protect our rights, property or safety or that of our customers, employees, contractors, agents and any other third party;
in order to mitigate any actual or reasonably perceived risk to us, our customers, employees, contractors, agents or any other third party;
any third party who acquires (or proposes to acquire) ownership or control of our assets, shares or management, or that of our affiliates, and our site, whether by sale, merger, acquisition or otherwise, and to any third party from who we acquire (or propose to acquire) ownership or control of assets, shares or management, whether by purchase, merger, acquisition or otherwise;
governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary to:
comply with the law or with any legal process;
protect and defend the rights, property or safety of us, our affiliates or our customers, employees, contractors and agents or any third party;
detect, prevent or deal with actual or alleged fraud, security or technical issues or the abuse, misuse or unauthorised use of our site and/or contravention of this privacy notice;
protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).
We will get your permission before disclosing your personal information to any third party for any other purpose.
7. What rights do you have as a ‘data subject’
7.1 You have the right to ask us for a copy of your personal data; to correct, delete or restrict processing of your personal data; and to obtain the personal data you provide to us for a contract or with your consent in a structured, machine readable word format.
7.2 Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above. In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by following the instructions on our platforms, or by contacting us using the details set out below.
8. Linking to third party sites
We are not responsible for the privacy practices of a third-party site to which there may be a link on our site or to which you may log in from our site (e.g. integrated social networking services).
We advise you to read the privacy policy of each site which you visit and to determine your privacy settings in accordance with your personal preferences.
In certain instances and only where possible, we may give you the option to manage some of your privacy settings on integrated social networking sites from our sites (e.g. to enable you to determine which of your personal information you would like to share via our site).
9. Change to this Policy
We may change this privacy policy from time to time. If we do so, we will post the revised policy on our site and take reasonably practicable steps to ensure that you are aware of the updated privacy policy (including, if we have your email address, e-mailing you notifications of the updated privacy policy).
10. How do I get in touch with you or your Information Officers?
We hope that we can satisfy any queries you may have about the way we process your data. You can get in touch with The Sharks Information Officers, Ziyaad Paruk or Devashnee Chattergoon, if you have any concerns or queries about how we process your data by sending an email to either [email protected] or [email protected]. These email addresses are actively monitored, and we endeavor to respond to all requests within 30 business days.
Access Information
Your privacy is important to us. We strive to ensure that our use of your personal information or personal data is lawful, reasonable, and relevant to our business activities, with the goal of improving our services and your experience as a fan and customer.
Should you wish to request access to information or records owned, held by or otherwise under our control, please see our Promotion of Access to Information Manual (PAIA)
Your Rights
This Privacy Notice gives effect to many of our responsibilities as a responsible party in terms of the applicable legislation in the respective countries where we operate.
If you have a concern about the way we are handling your information, for example if you feel we:
are unlawfully processing your personal information;
are not keeping your personal information secure;
are misusing of your personal information;
are keeping personal information about you for longer than is necessary;
hold inaccurate personal information about you;
have disclosed personal information about you;
have collected personal information for one reason and is using it for something else; or
have accessed your personal information without your authorization.
If you have any queries or questions regarding your personal information or how we process it, please contact our Information Officers who details are set out under paragraph 10 (ten) of our Privacy Notice.
2. While we try to respond as promptly as possible, resolution times will vary depending on the nature of the complaint. Our Information Officers will liaise with our relevant departments to investigate your complaint. You will be notified of the outcome of your complaint as well as any action taken.
If you remain unhappy after the appeals process you may forward your complaint to the Information Regulator:
or the Information Regulator (South Africa):
SALU Building,
316 Thabo Sehume Street,
PRETORIA
Tel: 012 406 4818