Data Processing & Privacy Policy (“Privacy Policy”)

Updated to version 1.0 on 30th of July 2024

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

We Respect Your Privacy

At SMS2Bet Betting Services (Pty) Ltd (Reg No.2009/007749/07:) (“SMS2Bet Betting Services (Pty) Ltd”, “the Company”, “We”, “Us” or “Our”) we adhere to the highest standards of protecting your (“you”, “your”, or “User”) Personal Information when we process it by virtue of your use of our Website and/or any related platforms (“the / our Website”, or collectively, “the Websites”), or by providing us with your Personal Information in any other way. SMS2Bet Betting Services (Pty) Ltd is a private company duly registered and operating in accordance with the laws of the Republic of South Africa.

We have created this Privacy Policy for you to read and to understand how we process and safeguard your Personal Information and respect your privacy. It is important that you read this Privacy Policy so that you are fully aware of how and why we are using your Personal Information. This Privacy Policy supplements the other notices and is not intended to override them.

Not all terms are necessarily defined in order or may be defined in our Terms and Conditions (“Terms”).

This Privacy Policy aims to give you information on how we collect and process your Personal Information through any form of your engagement with us. This Privacy Policy complies with, and facilitates the obligations required from, the Protection of Personal Information Act, Act No. 4 of 2013 (“POPIA”), as amended, including any regulations or codes of conduct promulgated under it.

Please note that this Privacy Policy constitutes an agreement between you and the Company. We may periodically make modifications to this Policy. While we will do our best to notify you of such changes, we recommend that you revisit this Privacy Policy regularly. Your continued use of the Website and/or its services will constitute your consent to the Privacy Policy.

BY ACCESSING AND USING OUR WEBSITE AND/ OR BY MAKING ANY SUBMISSION OF DATA AND INFORMATION IN WHATEVER FORMAT, YOU CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION BY US ON THE BASIS SET OUT IN THIS PRIVACY POLICY. IF YOU DO NOT CONSENT, YOU MUST IMMEDIATELY STOP ACCESSING AND/OR USING OUR WEBSITE.

Definitions and Interpretation

In this Privacy Policy, the following words bear the following meanings:

“child(ren) or minor” means any natural person under the age of 18 (eighteen) years;
“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;
“cookies” are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses
“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 ascribed thereto under POPIA;
“device” means any device that can access our Website such as but not limited to a computer, cell phone or a digital tablet;
“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, in the ordinary course of business, any goods or services to the data subject;
“information officer” means the Information Officer of the Company;
“operator” means a person or entity who processes Personal Information for or on behalf of a responsible party (i.e. the Company) in terms of a contract or mandate, without coming under the direct authority of that responsible party;
“Personal Information” has the meaning ascribed to it in Section 1 of POPIA and specifically includes any form of information that can be used to identify a data subject;
“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:
the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of information,
dissemination by means of transmission, distribution or making available in any other form, or
merging, linking, as well as restriction, degradation, erasure or destruction of information;
“Regulator” or “Information 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;
“the/our Website” means our website or any part thereof which is accessible at URL www.mzansibet.com or such other URL as we may choose from time to time; and
“You”, “Your” or the “User” means any person who accesses and browses and uses our Website, or any of the content or services associated with our Website for any purpose.

Who We Are: Responsible Party

We are the “responsible party” and responsible for your Personal Information.
We have appointed an information officer who is responsible for overseeing questions in relation to this Privacy Policy.
If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our information officer using the details set out below.

Contact Us; The Information Regulator

We value your opinions. If you have comments, questions, concerns or complaints regarding your Personal Information or this Privacy Policy, please write to us at [email protected] and title the email - attention Information Officer.

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

Our full name: SMS2Bet Betting Services (Pty) Ltd
Email address: [email protected]
General Email address: [email protected]
Physical address: 360 Business Park, 3rd Floor, 8 Wessex Street, Paarden Eiland 7420 Western Cape
Registered address: 360 Business Park, 3rd Floor, 8 Wessex Street, Paarden Eiland 7420 Western Cape
Telephone number: TBA
Our website address/URL: https://mzansibet.com/

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

You have the right to make a complaint at any time to the South African Information Regulator’s office. We would, however, appreciate the opportunity to deal with your concerns before you approach the Information Regulator, so please contact us in the first instance.

Contact details of the office of the Information Regulator:
Physical 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]

What We Collect

The Company may collect, use, store and transfer your Personal Information to manage your relationship with the Company and better serve you by personalizing your experience and interaction with the Company. Such collection is done with appropriate notice and consent, along with required filings with data protection authorities, where required.

The Company may collect your Personal Information through your access and use of our Website, web-based applications, or mobile applications, during conversations or correspondence with the Company representatives, or when you purchase goods or services or complete an online application form.

The Company may collect Personal Information from you in connection with:

product or service orders, activations, and registrations
profile creation and User verification for online services
information requests or complaints
marketing or survey participation, newsletter or support subscriptions
visits or browsing on or using our Website

The type of Personal Information the Company 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
technical data including internet protocol address/es, login data, browser type and version, time zone setting and location, cookies, browser plug-in types and versions, operating system and websites and other technology on the devices you use to access our Website
other unique information such as User IDs and passwords, product functionality, product and service preferences, contact preferences, educational and employment background
usage data including information about how you use our company, Website, services, surveys, reviews, testimonials
any additional information relating to you that you provide to us directly through our Website or indirectly through use of our Website or online presence, through our representatives or otherwise
information you provide to us through our Customer Support center.

You warrant that the Personal Information disclosed to us is directly from you as the User on our Website, and all such Personal Information is lawfully yours to provide. You may choose to provide additional Personal Information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

We do not usually seek special Personal Information from our Website visitors. We will, where necessary, obtain your express consent to collect and use such information.

The Company 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 users use our Website, products or services.

The supply of your Personal Information to the Company 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 preventing the Company from concluding or performing any agreement with you, or preventing the Company from complying with one or more of its obligations in law.

Why we collect your Personal Information & How We Will Use Your Personal Information

The Company shall only collect a User’s Personal Information for a specific, explicitly defined and lawful purpose relating to a function or activity of the Company’s business.

The Company may use a User’s Personal Information for various purposes including, but not limited to, the following:

to enter into a contract with a User
to perform any obligations under a contract with a User
to provide our services and enable Users to avail themselves of our services
to present content to the User in the most effective way for them and their viewing device and browser
to customise and display content including, but not limited to products, articles, listings and advertisement to the User in a way that the Company feels may interest the User or be most beneficial to them
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 the Company with such content
to enable the User to voluntarily participate in interactive features on our Website
to contact Users in response to inquiries, comments and suggestions
to otherwise contact and/or interact with Users
for the specific purpose for which it was volunteered
to process Personal Information for direct marketing purposes (unless the User has opted out of receiving any direct marketing material)
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)
to track User use of our Website for internal market research
to improve our Website and the products and/or services we promote or provide through the Website
to notify Users about upcoming bonuses, specials, promotions, offers and/or events
to notify the User about changes to our Website
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)
to be provided to third-party service providers in connection with the legitimate business purposes of the Company, its contractors or the Website
to enforce this Privacy Policy as required by law or regulation, or as requested by government or regulatory authorities
in connection with an acquisition, merger, restructuring, sale or other transfer involving all or any portion of the business associated with our Website.

If the Company intends to process a User’s Personal Information for any other purpose not listed hereinabove or which is otherwise not automatically permitted by law, it shall ensure that it obtains the User’s written consent to do so.
By submitting the aforementioned information, a User will be deemed to have consented to its use for such purposes.

Personal Information collected on our Website may be stored and processed in the Republic of South Africa or any other country in which the Company (or its affiliates, subsidiaries, and divisions and their respective third-party business partners, affiliates and suppliers) maintain facilities.

Disclosures of Your Personal Information

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 advisers 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 the 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, the Company may be required, under certain circumstances, to disclose aggregate level and/or personally identifiable information submitted to the Company through the Website. The Company will use reasonable efforts to limit such disclosures to the following circumstances: (i) where the Company believes in good faith that it is 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 the Company’s 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 the Company’s rights, including but not limited to enforcing the Terms and Conditions in respect of our Website; (iv) protect and defend the rights or property of the Company; or (v) in urgent circumstances to protect the personal safety of the public or of Users of the Company products, services, and our Website.

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

International Transfers

We may share and process your Personal Information outside of South Africa for the purpose of cloud storage, to engage with third parties and as part of our global company structure (where and if applicable). Whenever we may transfer your Personal Information out of South Africa, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your Personal Information to countries that have appropriate data protection legislation in place similar to that of South Africa.
Where we use service providers, we may use specific contracts/clauses which ensure Personal Information is processed and secured lawfully.

Please contact us if you want further information regarding transfer of Personal Information out of South Africa.

Children / Minor's Privacy

We define children as individuals under the age of 18 (eighteen).
Our Website and related services are not directed to persons under 18.
We 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’s / guardian’s consent, s/he 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.

Your Rights

Where we process your personal data, you have a number of 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 entails for you.
Further information and/or advice about your rights may be obtained from the Information Regulator.
You can exercise your rights by submitting a request through “Contact Us” on our Website.

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 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 (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.
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.

Data Security & 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.

The Company makes substantial efforts to protect the confidentiality of the Personal Information, preferences and other information it has collected through the Website and will never knowingly allow access to this information to anyone outside the Company other than as described herein. The Company has made a substantial investment in its server, database, backup and firewall technologies to protect the information assets of the Company network, including the confidentiality of Personal Information collected through the Website. These technologies are deployed as part of a sophisticated security architecture and protocol.

You should also do your part in protecting your information. Your Username and any password (if such are provided or implemented) 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 the Company’s 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, the Company cannot ensure or warrant the security of such information. Thus, any Personal Information transmitted to us is done so at your own risk. Once we receive Personal Information, the Company makes substantial efforts to protect the confidentiality of this information consistent with this Privacy Policy.

Data Breach

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 it has 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

Our Website may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a Website can use (and which we may use) to recognise repeat Users, facilitate the User’s on-going access to and use of a Website and allow a Website to track usage behavior and compile aggregate data that will allow the Website operator to improve the functionality of the Website and its content, and to display more focused advertising to a User by way of third party tools.

The type of information collected by cookies is not used to personally identify you. If you do not want information collected using cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable cookies, you are deemed to consent to our use of any Personal Information collected using those cookies, subject to the provisions of this Privacy Policy and our other policies or terms.

Social Media Platforms

Communication, engagement and actions taken through external social media platforms in which the Company and the Website 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 on them with due care & caution, having regard to their respective privacy and personal details policies.

Our Website 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 our services and/or the promotion(s).
Our Website will track the number of clicks on such ads for analytical and marketing purposes.

Intellectual Property; Ownership

The contents of our Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs & service marks which are displayed on or incorporated in the Website are protected by law, including but not limited to copyright & trade mark law. The Website & its contents are the property of the Company, and you will not, under any circumstances, acquire any right and title therein or use, distribute or reproduce the contents of the Website in any way other than as is set out herein.

You may not download (all or in part) for non-personal use or otherwise reproduce, transmit or modify the Website without our prior permission. However, you may print out part or all of the Website for your own personal use. These permissions are revocable by us at any time. You are granted a non-exclusive license of those rights in order to view the Website 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, however arising, resulting from such viruses, trojans, worms or equivalent or similar items.

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

Our Website or services may provide links to third-party applications, products, services, or websites for your convenience and information. If you access those links, you will leave our Website. The Company does not control those third-party websites or their privacy practices, which may differ from the Company's 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 the Company 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 contact details provided in the "Contact Us” section.

Objections

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 contact details provided in the "Contact Us" section, as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such data or we need to process it in relation to legal claims.

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

The Company aims to keep your Personal Information as accurate as possible.

If you wish to access, review, correct, update or delete your Personal Information, you may do so by contacting us using the contact information outlined in the "Contact Us" section. The Company will comply with such requests as soon as commercially reasonable or determined by applicable law. In order to ensure the safety of Personal Information, 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 the Company.

Data Retention

We will only retain your Personal Information for as long as necessary to fulfill the purpose we collected it for 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.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the applicable legal requirements, the purpose(s) for which we process your Personal Information, and whether we can achieve those purposes through other means.

We may also anonymise your Personal Information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Returning, Destroying or Deleting Personal Information

Where the Company is no longer authorized to retain a record of any Personal Information, it shall either:

ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or
return the information to the User or transfer it to a third party, if requested by the User in writing to do so.

Changes to this Privacy Policy

The Company 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 on our Website and will apply from the date of such publication.

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

The Company 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 the Company. The Company 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.

English and Translated Versions

If you are reading a translation of this Privacy Policy in a language other than English, you acknowledge and agree that (i) the English version is the binding version; (ii) the non-English version is provided for your convenience only and the translation will not be valid as an agreement; and (iii) in the event of any inconsistency between the English and a non-English version, the English version will prevail and govern.

Updated to version 1.0 on 30th of July 2024