Privacy Policy

1. Introduction

1.1This Privacy Policy explains how FanTide App (Proprietary) Limited (“FanTide”, “we”, “us” or “our”) collects, uses, shares and protects your Personal Information when you use the FanTide mobile application, the web application at fantide.app and all related websites, features and services (together, the “App”).

1.2FanTide is the responsible party for your Personal Information in terms of the Protection of Personal Information Act 4 of 2013 (“POPIA”). We are committed to processing your Personal Information lawfully, fairly and transparently, in accordance with the conditions for lawful processing set out in POPIA.

1.3This Privacy Policy forms part of the FanTide App Terms and Conditions of Use (the “Terms”). Words with capital letters that are not defined in this Privacy Policy have the meaning given to them in the Terms.

1.4This Privacy Policy applies to everyone who uses the App, to the parents and guardians of users under 18, to entrants in Competitions and to anyone who contacts us about the App. It does not apply to Third-Party Services, which have their own privacy policies.

1.5Where we rely on your consent to process your Personal Information, we will ask for it separately and clearly, and you may withdraw it at any time.

2. Who we are and how to contact us

2.1Our details, and those of our Information Officer, are set out below.

3. Personal information we collect

3.1Information you give us. When you register and use the App, you may give us:

(a)account details, including your username, email address, mobile number, password (which we store only in encrypted, hashed form), date of birth or confirmation of your age, favourite club or clubs, country, province or town, and profile image;

(b)if you are under 18, your parent’s or guardian’s name, contact details and confirmation of consent;

(c)your FEVI ratings, together with the match and the time at which each rating was submitted;

(d)your Predictions;

(e)User Content, including chat messages, comments, reactions and reports you make about other content;

(f)if you enter or win a Competition, the information needed to confirm your identity, age and eligibility and to deliver your prize, such as a copy of your identity document and a delivery address; and

(g)any information you include when you contact us, give feedback or complete a survey.

3.2Information we collect automatically. When you use the App, we collect:

(a)device and technical information, including device type, operating system, App version, device and advertising identifiers, IP address, language and time zone;

(b)usage information, including the screens and features you use, the matches you follow, session times and your interactions with notifications;

(c)your approximate location, derived from your IP address or device settings. We do not collect your precise location unless you choose to use a feature that needs it and give permission through your device settings; and

(d)diagnostic information, such as crash logs and performance data.

3.3Information from third parties. We may receive Personal Information about you from:

(a)social log-in providers such as Google or Apple, if you choose to log in with them (for example, your name, email address and profile picture, as permitted by your settings with that provider);

(b)app stores, such as confirmation of downloads or purchases (we do not receive your payment card details); and

(c)providers of community, chat and live streaming features, about your activity in those features.

3.4Special personal information. We do not intentionally collect special personal information, such as information about your health, religious or philosophical beliefs, race or ethnic origin, political persuasion, sex life, biometrics or criminal behaviour. Your FEVI ratings are expressions of how you feel about sporting events and are not treated as information about your physical or mental health. Please do not share special personal information about yourself or others in community features.

4. How and why we use your personal information

4.1We only process your Personal Information for specific, lawful purposes, and only where we have a lawful basis for doing so under section 11 of POPIA. The table below sets out our purposes and the lawful basis for each.

4.2We will only use your Personal Information for a new purpose if that purpose is compatible with the purpose for which it was collected, as required by section 15 of POPIA, or if we have obtained your consent.

5. FEVI data, predictions and de-identification

5.1Your FEVI ratings and Predictions are Personal Information for as long as they are linked to your Account.

5.2We combine the ratings and Predictions of many users to create aggregated, de-identified data sets, such as the overall mood of a club’s supporters during a match. Once information has been de-identified so that it cannot reasonably be re-identified, it is no longer Personal Information and POPIA does not apply to it.

5.3We may publish, share and license de-identified FEVI Data and insights to clubs, leagues, sponsors, broadcasters, media organisations and research partners. We will never give them your name, contact details or any other information that identifies you.

5.4To protect you, we:

(a)remove direct identifiers before any data set is shared;

(b)only report on groups of users that are large enough to prevent any individual from being singled out; and

(c)contractually prohibit recipients of FEVI Data from attempting to re-identify any user.

5.5We do not use your FEVI ratings to make decisions about you that have legal consequences or similarly significant effects.

6. Children

6.1You must be at least 13 years old to use the App. Under POPIA, a person under 18 is a child, and we may only process a child’s Personal Information with the consent of a competent person, such as a parent or guardian, as provided for in section 35 of POPIA.

6.2We obtain guardian consent during registration and may take reasonable steps to verify it.

6.3For users under 18, we:

(a)do not send direct marketing;

(b)do not show personalised advertising;

(c)limit public profile information to username, profile image, ranking and Points, and recommend that the username is not the child’s real name; and

(d)do not award cash or cash-equivalent prizes.

6.4A parent or guardian may at any time ask to review, correct or delete their child’s Personal Information, or withdraw consent, by contacting us at legal@fantide.africa.

6.5If we learn that we have collected Personal Information from a child under 13, or from a child under 18 without guardian consent, we will delete it as soon as reasonably possible.

7. Who we share your personal information with

7.1We do not sell your Personal Information. We do not share your Personal Information with any betting or gambling operator, including any company related to FanTide.

7.2Service providers. We share Personal Information with service providers that help us run the App, such as providers of:

(a)cloud hosting, databases and data storage;

(b)log-in and authentication services;

(c)community chat and live streaming features;

(d)analytics and crash reporting;

(e)email, SMS and push notification services;

(f)customer support and content moderation; and

(g)App development and maintenance.

7.3These service providers are operators under POPIA. In terms of sections 20 and 21 of POPIA, we require them by written agreement to process your Personal Information only on our instructions, to keep it confidential and to protect it with appropriate security measures.

7.4Other users. Your username, profile image, ranking, Points and User Content are visible to other users and may appear on FanTide’s websites and social media channels.

7.5Competition sponsors and partners. If you win a Competition, we may share your name and delivery details with the sponsor or partner responsible for the prize, but only as needed to deliver it and as stated in the Competition Rules. We will only publish your name or image with your consent.

7.6Professional advisers. We may share Personal Information with our lawyers, auditors, insurers and other professional advisers, who are bound by duties of confidentiality.

7.7Authorities. We may disclose Personal Information where required by law or a court order, to report unlawful content as required by law, or where reasonably necessary to protect the rights, property or safety of users, FanTide or others.

7.8Business transfers. If FanTide or its business is sold, merged or restructured, Personal Information may be transferred to the new owner, who will be bound by this Privacy Policy. We will notify you if this happens.

7.9We will share your Personal Information in any other way only with your consent.

8. Transfers outside South Africa

8.1Some of our service providers store or process information outside South Africa, including in United Kingdom, Netherlands and European Union.

8.2We will only transfer your Personal Information outside South Africa in accordance with section 72 of POPIA, namely where the recipient is subject to a law, binding corporate rules or a binding agreement that provides an adequate level of protection substantially similar to POPIA, where the transfer is necessary to perform our agreement with you, or where you have consented to the transfer.

9. Direct marketing

9.1We will only send you direct marketing by electronic communication (such as email, SMS, WhatsApp or push notification) if you have consented to receive it, or if you are an existing user and the marketing relates to our own similar services, as permitted by section 69 of POPIA.

9.2Every marketing message will tell you how to opt out, and you can opt out at any time free of charge through the unsubscribe link, the settings in the App or by emailing legal@fantide.africa. You may also exercise your right to block direct marketing under section 11 of the Consumer Protection Act 68 of 2008.

9.3We do not send direct marketing to users under 18.

9.4You can manage push notifications through the settings on your device at any time.

10. Cookies and similar technologies

10.1The web version of the App uses cookies and similar technologies, and the mobile App uses software development kits, to keep you logged in, remember your preferences, keep the App secure and understand how the App is used.

10.2Cookies that are strictly necessary for the App to work are always active. Where required by law, we will ask for your consent before using non-essential cookies, such as analytics cookies.

10.3You can manage cookies through your browser settings and reset or limit the use of your advertising identifier through your device settings. Blocking some cookies may affect how the App works.

11. Automated decision-making

11.1We use automated systems to detect bots, fraud, breaches of rating limits and attempts to manipulate FEVI, Predictions, leaderboards or Competitions. As a result, a rating may be excluded or an Account may be restricted.

11.2In accordance with section 71 of POPIA, if a decision based solely on automated processing has a significant effect on you, you may make representations to us and ask for the decision to be reviewed by a person, by contacting us at legal@fantide.africa

12. How we protect your personal information

12.1As required by section 19 of POPIA, we take appropriate and reasonable technical and organisational measures to protect your Personal Information against loss, damage and unauthorised access or processing. These include encryption of data in transit, hashed passwords, access controls based on need, activity logging, due diligence on service providers and regular review of our safeguards.

12.2No system is completely secure. If there are reasonable grounds to believe that your Personal Information has been accessed or acquired by an unauthorised person, we will notify the Information Regulator and you as soon as reasonably possible, as required by section 22 of POPIA.

12.3You can help protect your Account by using a strong, unique password, keeping your log-in details confidential and keeping your device secure.

13. How long we keep your personal information

13.1We keep Personal Information only for as long as needed for the purposes for which it was collected, or as required or permitted by law, in accordance with section 14 of POPIA.

13.2When Personal Information is no longer needed, we delete or destroy it, or de-identify it so that it can no longer identify you.

14. Your rights

14.1Under POPIA, you have the right to:

(a)be told when your Personal Information is being collected;

(b)ask us to confirm, free of charge, whether we hold Personal Information about you, and to request a copy of it in terms of section 23 of POPIA and the Promotion of Access to Information Act 2 of 2000 (“PAIA”). A prescribed fee may apply to some requests under PAIA;

(c)ask us to correct or delete Personal Information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained, in terms of section 24 of POPIA;

(d)object, on reasonable grounds, to processing based on our legitimate interests, and object at any time to processing for direct marketing, in terms of section 11(3) of POPIA;

(e)withdraw your consent at any time, without affecting the lawfulness of processing before you withdrew it;

(f)not be subject to decisions based solely on automated processing, as described in clause 11; and

(g)lodge a complaint with the Information Regulator.

14.2To exercise any of these rights, email us at legal@fantide.africa. We will need to verify your identity before acting on your request, and we will respond within a reasonable time and, where PAIA applies, within the period it prescribes.

14.3Deleting your Account. You can delete your Account at any time in the App under Settings, or by submitting a request at support@fantide.africa Your Personal Information will then be dealt with as described in clause 13.

15. Complaints and the Information Regulator

15.1If you have a concern about how we handle your Personal Information, please contact our Information Officer first so that we can try to resolve it.

15.2You also have the right to lodge a complaint with the Information Regulator at any time:

16. Third-party services

16.1The App links to and integrates with Third-Party Services, such as social log-in providers, app stores and community and live streaming features. When you use them, their own privacy policies apply, and we encourage you to read them. FanTide is not responsible for the privacy practices of Third-Party Services.

17. Changes to this Privacy Policy

17.1We may update this Privacy Policy from time to time. The version number and effective date at the top show when it was last changed.

17.2We will notify you of any material change at least 14 days before it takes effect, by notice in the App or by email. Where a change requires your consent, we will ask for it.