Bayport Privacy Policy

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  1. INTRODUCTION
    1. Bayport Financial Services 2010 (Pty) Limited (“Bayport”) is committed to ensuring and protecting your privacy whenever you access or use its website at www.bayportsa.com (“this website”). The Bayport Privacy Policy (“this policy”) is set out below and provides a detailed explanation as to how Bayport may use your personal information, either provided by you or collected through other legal means.
        1. Personal information is information that is of a personal or private nature and which identifies you or relates to you. This information may include, without limitation, details of your name, age, identity number, home and/or postal and/or work addresses, telephone numbers and other contact details, details relating to your liabilities, income, expenses, payment records, financial information and banking details such as account numbers.
    2. We will only collect your personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
    3. We will only retain your personal information as long as necessary for the fulfilment of those purposes as have been identified by us.
    4. By accessing this website, you agree to be bound by this policy with effect from the first time you access the website and each time thereafter.
    5. Bayport reserves the right, in its sole discretion, to amend this policy. Please refer back to this policy in the future because by accessing this website you are bound to the version of the terms and conditions published on this website at the time of your visit to this website.
  2. COLLECTION OF DATA FROM YOU
    1. When accessing or using this website, you may be requested to provide certain personal information pertaining to you. If you do provide your information, you warrant that the information which you provide relates to you and is true and complete.
    2. Bayport may collect information from you by, but may not be limited to, the following methods:
      1. if you register on this website, complete an application form or provide your personal information in response to any request to do so;
      2. traffic data, weblogs, location data, and any other communication. These details are obtained from your visit to this website and from any resource tools that you may use while accessing or using this website.
      3. any communication by you (i) using this website or (ii) to Bayport’s employees, officers, directors, agents and subcontractors.
  3. COOKIES
    1. Bayport sometimes makes use of “cookies” and tracking technology depending on the features offered. “Cookies” are programs or small files that we transfer to your computer’s hard drive.
    2. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to this website, and understanding how visitors use this website. Cookies can also help customize this website for visitors.
    3. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
    4. Cookies only store information from your browser, they cannot access data on your hard drive. Cookies are text files that cannot transfer viruses to your computer or mobile device.
    5. You can set your browser to notify you if “cookies” are to be transferred or to reject “cookies”. You may also choose to not consent to us making use of “cookies” when the consent pop-up is presented to you.
  4. USE OF YOUR INFORMATION
    1. You agree that Bayport may collect, store, analyze and use any information (including your personal information) and may transfer such information to its employees, officers, directors, agents and sub-contracts (who are bound by obligations of confidentiality) for the following purposes –
      1. to establish and verify your identity and contact details;
      2. the assessment of any applications for loans, goods or services provided by Bayport now or in the future, including the pre-assessment of any potential loans, services or product offerings which may be made to you by Bayport;
      3. the implementation or enforcement of any commitment made or obligation assumed by and any right of Bayport in terms of a contract;
      4. developing, maintaining and improving this website and/or Bayport’s services and/or Bayport’s product offerings (including credit products);
      5. to communicate with you regarding existing or potential transactions or claims, new or existing services and/or product offerings (including credit products), competitions or promotions;
      6. notifications regarding changes or improvements in services and/or product offerings may be sent to you;
      7. to provide you with value-added service offerings (if any) and may include customized offerings to suit your requirements; to analyze and compile reports and databases for purposes of research (including, without limitation, product research, market research), developing credit scoring and other business models, statistical analyses and reporting, determining browsing habits and usage.
  5. STORING YOUR PERSONAL DATA
    1. Where necessary, the information may be stored in countries, outside South Africa, who subscribe to similar data protection laws. Where the information is shared with entities which do not subscribe to similar data protection laws, Bayport will enter into an agreement with such entity in terms whereof such entity will be liable to the protection of such personal information.
    2. We take all reasonable and appropriate measures to keep your personal information secure. For example, we encrypt our laptops and our phones. However, we cannot guarantee the absolute security of it. We back-up all your personal information on a regular basis.
    3. Although Bayport uses secured servers and/or data warehousing facilities to ensure proper data storage, transmission of data on the Internet can never be ultimately secure. Bayport accordingly does not guarantee and provides no warranties or undertakings with regards to the security of information collected electronically or transmitted, whether through this website or by other means. As a result of Bayport’s inability to guarantee safety, you are submitting information to us at your own risk.
    4. You may be required to use a password, provide certain of your personal information or use other access features on this website to access certain areas of this website. You are responsible to safeguard any password or personal information.
  6. DISCLOSURE OF YOUR INFORMATION IN CERTAIN CIRCUMSTANCES
    1. Bayport may share any information which it collects from you through this website or other electronic means with third parties in the following instances –
      1. if the equity in Bayport is sold to a third party or if Bayport sells or outsources all or a portion of its business or assets to a third party;
      2. to any affiliate of Bayport, such as subsidiaries, holding companies and their subsidiaries;
      3. to third parties engaged by Bayport to render services to it or on its behalf;
      4. where it is compelled to do so by law, regulation or by-laws or in terms of a court order or at the direction of any regulatory or governmental authority;
      5. where Bayport needs to protect or enforce its rights or is required to do so to protect the rights, property or safety of the public;
      6. disclosure to credit bureaux registered as such under the NCA; and
      7. for fraud detection and prevention purposes.
  7. THIRD PARTY LINKS
    1. Some hypertext links in this website may lead you to external websites which are not under the control of Bayport. When you click to activate these, you may leave the Bayport website. These links are provided only for ease of use and do not represent any endorsement or recommendation by Bayport.
    2. Bayport accepts no accountability for these website’s contents or privacy policies to which hypertext link exists and does not guarantee or give representation as to the information on such websites. You should accordingly acquaint yourself with the terms and conditions of privacy policies pertaining to such third parties’ websites as Bayport will not accept responsibility or liability for any loss that may arise from any agreements entered into with any website to which a hypertext link exists.
  8. QUERIES AND COMPLAINTS
    1. If you have any queries, comments or requests regarding this policy, please contact us at this address: [email protected].
    2. Should you no longer wish to receive communications from Bayport, please contact us at this address: [email protected].
  9. DISPUTES
    1. If any dispute arises in connection with this website and/or this policy, such dispute shall be referred to arbitration by either party to an arbitrator agreed by the parties and failing agreement within 5 days, an arbitrator appointed by the Chairman of the Law Society of the Northern Provinces (or its successors-in-title). The arbitration shall be held in Sandton in accordance with the expedited rules of the Arbitration Foundation of South Africa.
    2. The provisions of this shall not be construed as prohibiting or restricting a party from applying for any urgent or mandatory relief from any court of competent jurisdiction.
  10. GENERAL PROVISIONS
    1. This policy will be governed by and construed in accordance with the law of the Republic of South Africa.
    2. Subject to 9.5, this policy, as amended from time to time by Bayport in its sole discretion, constitutes the entire agreement between you and Bayport in relation to the subject matter hereof.
    3. No failure or delay to exercise any of Bayport’s rights will be construed as a waiver of any such right, whether express or implied, nor will it affect the validity of any part of this policy or prejudice Bayport’s rights to take subsequent action against you.
    4. If any of the provisions of this policy are held to be invalid, unlawful or unenforceable, such provision will be deleted from the remaining provisions, which will continue to be valid to the full extent permitted by the law.
    5. The provisions of this policy must be read in conjunction with the terms and conditions pertaining to this website and shall be deemed to be incorporated in those terms and conditions.
    6. Bayport shall be entitled to cede, assign and transfer any of its rights and obligations under this policy without obtaining your consent and without notice to you. Any of Bayport’s rights under this policy are expressed for the benefit of the affiliates of Bayport and shall be capable of acceptance by them, whether expressly or tacitly.
  11. DOMICILIUM CITANDI ET EXECUTANDI Bayport’s chosen address for any legal notice is:Bayport House 23A 10th Avenue Rivonia 2128
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