Any reference in these guidelines to “Play live”, “us”, “we” or “our” is related to the controller, who is Play Live, a South African company with registration number CK760091833 and registered business address at Level 2, Megawatt Park, Sandton. Gauteng, South Africa, and who owns this website.
– the South African Privacy Act (hereinafter referred to as the “POPI” (Protection Of Personal Information Act) – as well as any other underlying legislation issued under the POPI and which may be amended from time to time; and
– Regulation (EU) 2016/679 to the European Parliament and to the Council of 27 April 2016 on the protection of individuals with regard to personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation) “( hereinafter referred to as “the Regulation” or “GDPR”).
DPA and GDPR will henceforth be collectively referred to as “privacy legislation”.
Play Live determines the manner and purpose of the processing of personal data and therefore acts as the “data controller” in connection with current privacy legislation.
Responsible for processing
“Data controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and methods of the processing of personal data. If the purpose and methods of processing are determined by the legislation of an association or member state, the data controller or the specific criteria for appointing one may be assigned through the legislation of the association or member state.
The data processor
“Data processor” means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the data controller.
“Personal information” means any information that identifies you individually, or is related to an identified or identifiable person.
Play Live stores your personal information digitally on encrypted hard drives.
PROTECTION OF PERSONAL INFORMATION
The personal information we store is protected by the highest standards in security processes and systems. Our commitment to protecting personal information is not only through quality and high standards, but also through the best and most effective use of the law. We are bound to process personal data only if such processing is based on sincere and legitimate reasons for doing so, on the basis of one of the legal reasons determined by the GDPR.
TREATMENT ON THE BASIS OF OUR LEGITIMATE INTERESTS
A legitimate interest exists when we have a business or commercial reason to process personal data. In such cases, we work to protect all of your personal information as well as the way it is processed, and to ensure that such processing is not unfair to you or your interests.
If and when we choose to process your personal data on the basis of legitimate interests, we will inform you of this, including the mentioned legitimate interests, and facilitate a process where you can ask questions and / or objections you may have in connection with such processing. It is important to note that Play Live is not obliged to stop processing, if the reasons for the processing override your right to object.
TREATMENT ON THE BASIS OF YOUR CONSENT
Consent is not the only basis that can give us permission or make us obligated to base ourselves on processing your personal data. We will only process personal data on the basis of your consent, where we can not or otherwise choose not to base ourselves on an obvious legal reason (such as compliance with a legal obligation or legitimate interests). When we process your personal data on the basis of your consent, you have the right to withdraw the consent at any time and in the same way as previously stated by yourself. If you exercise your right to revoke your consent, we will determine whether we can (or are obligated) to process your personal data on the basis of a legal reason other than consent. We will notify you if this is the case.
TREATMENT ON THE BASIS OF CONSENT
For the avoidance of doubt, we would like to emphasize that in such rare cases where we cannot or choose not to base it on another legal cause (such as our legal interests), we will process your personal data on the basis of your consent.
In cases where we process on the basis of your consent ( which we will never assume , but which we must have obtained through a clear and unambiguous way from you), YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT WHEN IT MUST BE AND DO THIS the same way you stated it to us.
If you exercise your right to withdraw your consent at any time (by writing to us at the physical address or email address below), we will determine whether at that level there is an alternative legal basis for processing your personal data. (for example, on the basis of a legal obligation to which we are subject) where we will be legally authorized (or also obliged) to process your personal data without requiring your consent, and if so inform you of this.
You can always refuse when we request such personal information, but if you refuse to provide the necessary information that we need to provide the requested services, we may not be able to provide such services to you (especially if the consent is the only legal reason that is available to us).
For clarity, consent is not the only reason that allows us to process your personal information. In the previous previous section above, we pointed out the various reasons we rely on when processing your personal information for specific purposes.
We may be required to use and retain personal information for; prevent loss; protect our rights, privacy, security or property; or the related persons in accordance with our legal interests.
PRESERVATION OF INFORMATION
We retain information for limited periods when this is necessary for legitimate business or legal purposes. We try to ensure that our services protect information from deletion due to accidents or errors. Due to this, there may be delays between when you delete something and when copies are deleted from our active systems and backup systems. If you need further information, please contact us at firstname.lastname@example.org
AUTHORIZED DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
When such personal data must be sent outside the EEA, the European Economic Area, we ensure that all necessary and appropriate security measures are in place. We may also disclose personal information to other businesses within affiliated or subordinate companies, to business partners or acquirers of our business. The manner in which the transfer of information outside the EEA is handled is set out below. Your personal information will never be shared with third parties for marketing purposes (unless you have given your consent to this).
SHARING PERSONAL INFORMATION WITH OTHER TYPES OF RECIPIENTS
Relevant information may also be disclosed or shared as appropriate (and in all cases in accordance with privacy laws) to / with members and employees of Play Live (for example in connection with legal obligations) and / or to / with affiliated entities and / or subcontractors established in the EU if relevant for any of the purposes stated in these privacy policies (including to / with our service providers who facilitate the functionality of the website and / or services you may need). Personal information will only be shared by us to provide the services you request from us, or for other lawful reasons (including authorized disclosure that does not require your consent).
Such authorized disclosure is made in accordance with privacy legislation (for example, all our data processors are contractually bound by the requirements of the said privacy legislation, including a strong obligation to keep the information you receive confidential and to ensure that their employees / personnel are also bound by similar obligations ). These service providers (our data processors) are also bound by a number of other obligations (especially those set out in Article 28 of the GDPR).
Your personal information will never be shared with third parties for marketing purposes (unless you have given your consent to this).
You are aware that information sent over the Internet may be transmitted across several international borders, even if the sender and recipient of the information are located in the same country. We can not be held responsible for anything you have done or that is not done by you or a third party in connection with personal information before we receive it, including without being limited to transfers of personal information from you to us via a country that has a lower level of protection than in the EU, regardless of the technology used (eg Whatsapp, Skype, Dropbox, etc.).
Furthermore, we have no responsibility for the security of your information when it is transmitted via the internet, unless our responsibility is explicitly followed by a law in force in Malta.
THE ACCURACY OF PERSONAL INFORMATION
Every reasonable effort is made to keep all personal information we hold about you up to date and as accurate as possible. You can check the information we have about you at any time by contacting us in the manner explained below. If you discover inaccuracies, we will correct them and, if necessary, delete them. See below for a detailed overview of your legal rights in connection with applicable privacy laws.
LINKS TO THIRD PARTY SITES
TRANSFER OF DATA TO OUTSIDE THE EEA
Your personal data will only be transferred outside the EEA or other non-EEA countries that have been employed by the European Commission to provide an adequate level of protection (also referred to as “whitelisted countries” – listed here https://ec.europa.eu/info/law/law- topic / data-protection / data-transfers-outside-eu / adequacy-protection-personal-data-non-eu-countries_en ) in the following circumstances: When you have expressly agreed that we can do this; when necessary to constitute or perform a contract between you and the Play Live; or to comply with and comply with all legal obligations.
If personal information is transferred outside the EEA within the Play Live or to one of Play Live’s business partners, we ensure that all appropriate security measures are implemented to ensure that the same protection is achieved and that the same standards are used as if it were within the EEA. You have the right to receive an overview of such security measures by contacting us at the address below.
Contracts that contain EU standard contract clauses (EU model clauses) are used, which requires that the entity that receives personal data uses the same standards as they would have been imposed within the EEA. If information is transferred to the United States and the entity receiving the information is registered with the Privacy Shield (a framework that ensures the protection of personal information), the same level of authentication will be used as approved by the European Commission.
THE RIGHTS OF THE REGISTERED
Play Live works to help you in the best possible way if you choose to exercise any of your rights related to your personal information. In some cases, we may need to verify your identity before handling your request to exercise a relevant right.
The right of access
You have the right to ask us whether we process personal data concerning you, and if this is the case, you have the right to access the personal data as well as the following information:
– What personal information we have,
– Why we treat them,
– Who do we hand them over to,
– How long we intend to keep them (if possible),
– Whether we transfer them abroad and the security methods we use to protect them,
– What your rights are,
– How to complain,
– Where we received your personal information from and whether we have made any automatic decisions (including profiling) as well as relevant information.
The right to correction
You have the right to ask us to correct and / or supplement inaccurate or incomplete personal information related to you.
The right to delete (“the right to be forgotten”)
You have the right to ask us to delete your personal data, and we must comply without undue delay, but only if:
– The personal information is no longer necessary for the purpose for which it was obtained; or
– You have withdrawn your consent (in cases where we process on the basis of your consent) and we have no other legal reason to process your personal data; or
– You have exercised your right to protest (as explained below); or
– Your personal information has been processed illegally; or
– There is a legal obligation to which we are subject; or
– Special circumstances exist in connection with the rights of children.
In such cases, we are not bound to carry out your request for deletion, if the processing of your personal data is necessary to comply with a legal obligation we have been imposed.
The right to limit treatment
You have the right to ask us to limit the processing of your personal data. However, you can only exercise this right if:
– The accuracy of your personal information is disputed (see the right to correct information above) which for a period enables us to verify the accuracy of your personal information; or
– The processing is illegal and you oppose the deletion of your personal information; or
– We no longer need the personal information for the purpose for which it was collected, but you need the personal information to establish, exercise or defend legal claims; or
– You exercised your right to protest and the verification of whether our legitimate causes overruled your protest awaits.
Should you exercise this right, we only have the opportunity to process your personal data:
– If we have your consent; or
– To establish, exercise or defend legal claims; or
– To protect the rights of another natural or legal person; or
– For reasons important to the public interest.
The right to data portability
You have the right to ask us to provide you with your personal information that you have previously provided to us. We will provide such information in a structured, commonly used, machine-readable format, or (if technically possible) we may send the information directly to another data controller, provided that this does not adversely affect the rights and freedoms of others. You can only exercise this right if:
– The treatment is based on your consent or on the performance of a contract with you; and
– The treatment is performed through automatic methods.
The right to withdraw consent
For detailed information on this right, please refer to the section on “CONSENT BASED PROCEDURE” found above.
The right to protest the treatment
In some cases, you have the right to protest the processing of your personal data. We only process your personal information on the basis of one of the following purposes:
– The processing is necessary for the performance of a task performed in the public interest; or
– If processing is necessary to fulfill legitimate interests belonging to us or a third party.
The processing shall only cease if the data controller has not provided convincing and legitimate reasons that offset your protest and that require the processing to continue.
If your information is used for direct marketing purposes, you have the right to complain about the processing of your personal data at any time.
In all other instances except those stated above, this general right of appeal shall not exist.
The right to lodge a complaint
As a registered user, you can at any time submit a complaint to a relevant computer authority, if you believe that any of your rights have been infringed by Play Live. The current Data Protection Authority of Malta is the Office of the Information and Data Protection Commissioner (‘IDPC’).
Regardless of this right, we kindly ask you to try to resolve any issues you may have with us before submitting a complaint to IDPC.
It is important to note that regardless of such rights, Play Live may still refuse such inquiries if such a decision can be reasonably defended. Such refusal does not prevent you from submitting a complaint to the relevant Data Protection Authority.
If you have questions / comments about privacy or you wish to exercise any of your individual rights, please contact our privacy representative here.