YesPlay is a Responsible Party in terms of the Protection of Personal Information Act No. 4 of 2013 (as amended) (“POPIA”) with regard to your information. YesPlay processes such information (as detailed more fully below) in order to enable YesPlay to do business with you and to provide products and services to you as requested.
YesPlay respects your privacy and is committed to protecting the privacy of its users on its website, mobile-sites and any software applications. YesPlay uses its best endeavours when it comes to the collection and processing of your information.
In terms of Section 18 of POPIA, you are hereby informed that when you use/browse YesPlay’s website and/or mobile-sites, for purposes of engaging with YesPlay’s services offered, which may include, but not be limited to the following engagements with YesPlay: registering an account, depositing of monies into your account, withdrawing of monies from your account, placing bets, participating in any competitions run directly or indirectly by YesPlay, you are providing Personal Information including but not limited to:
Your first and last name
Your identity number or Passport number
Date of birth
Source of funds
Home or other physical address
Other contact data as the case may be.
Depending on the services required, YesPlay may also collect Sensitive Personal Information including your:
Financial information – such as your bank account details;
Biometric information – such as images of your face or fingerprints; and
Historical conduct – such as payment defaults and credit bureau listings.
YesPlay collects and records all telephone calls, internet communications (including IP addresses), all correspondence YesPlay has with you irrespective of the medium of communication, details of your betting transactions and visits to our website. In addition, YesPlay collects and generates information in relation to your betting activities, records of withdrawals and your customer profile.
Should you wish to obtain any information regarding the Personal Information or Sensitive Personal Information YesPlay may hold about you, you may do so as required by section 51 of the Promotion to Access of Information Act 2 of 2000 (as amended) (“PAIA”) and contact YesPlay’s Information Officer / completing the prescribed forms.
We collect Personal Information from:
You on the basis of the documents and information requested;
Credit Reporting bodies;
Contractors, vendors, or suppliers; and/or
Agents, distributors, or other resellers.
YesPlay may use, process, share/transfer your Personal Information for various purposes including:
providing and managing your YesPlay account;
providing and managing your access to YesPlay’s website and mobile-sites;
personalising and tailoring your experience to YesPlay’s website and mobile-sites, including personalising and improving services and products offered to you;
supplying our products and services to you;
responding to communications received from you;
investigating and attempting to resolve your query, complaint or request;
providing you with updates and notifications in relation to your account with YesPlay or general notices from YesPlay;
identifying products and services which might be of interest to you, as well as to inform you of such products or services;
providing you with promotional updates, offers and bonuses via various communication channels, unless you have opted-out or unsubscribed to receiving further marketing-related communication, alerts, newsletters, emails, notifications;
analysing the use of YesPlay’s website and mobile-sites;
reducing fraudulent activity or reasonably suspicious conduct to minimise risks of fraud and/or money laundering;
administering a promotional competition which you may have entered through YesPlay’s website, mobile-sites, social media platforms or otherwise, and deliver any prize that may be applicable;
monitoring your betting activity/behaviour and detecting any gambling problem risks;
liaising with third parties in order to verify your identity, credit worthiness and/or source of funds;
meeting our know-your-client obligations as set out terms of the Financial Intelligence Centre Act 2001 (Act 38 of 2001) (as amended), including monitoring accounts to combat money laundering, financing of terrorist activities and conducting sanctions screening or to report suspicious, unusual and fraudulent activities on your account to the relevant authorities;
reporting you to any other governmental agency or statutory body (including, but not limited to, the South African Police Service, the South African Revenue Service, the Western Cape Gambling and Racing Board or any other provincial gambling board and the National Gambling Board; or
dealing with duplicate processing, chargeback requests/recall requests, allegations of fraud or the like received from banking institutions.
YesPlay reserves the right to disclose your Personal Information in the interests of enforcing its general terms and conditions. YesPlay is further entitled to use or disclose your Personal Information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on YesPlay, or to protect and defend YesPlay’s rights or property.
Your personal information may be shared with third party vendors (such as software developers and payment providers) to help YesPlay maintain its service.
Your personal information is only shared with service providers that YesPlay trusts and who have agreed to keep your Personal Information safe and confidential.
YesPlay shall take all reasonable steps to ensure that your information is kept secure and protected.
The Personal Information you provide may be transferred across foreign borders. Same is authorised under Chapter 9 of POPIA which allows a Responsible Party access to transfer the information across foreign borders in the following circumstances:
Two bodies must provide adequate protection of the Personal Information so requested and received;
The transfer must be necessary for the performance of a contract between you and the Responsible Party;
For the implementation of pre-contractual measures taken in response to your request;
The conclusion or performance of a contract concluded in your interest between the Responsible Party and a third party; or
The transfer is for your benefit and it is not reasonably practicable to obtain your consent for that transfer and if it were reasonably practicable to obtain such consent, you would provide it.
By using YesPlay’s website and the services offered, you hereby consent to us processing their Personal Information in a foreign country, i.e. outside of South Africa, whose laws regarding processing of Personal Information may be less stringent.
In all circumstances the Personal Information held by YesPlay is stored on its secure systems or database, through the use of Cloud based storage facilities.
YesPlay undertakes to take all reasonable steps to secure the integrity and confidentiality of your Personal Information and protect your Personal Information from misuse, loss, interference, unauthorised access, modification or unauthorised disclosure.
Electronic copies are held in a secure environment, with the application of appropriate passwords and other computer and software security protocols.
Personal Information that is required to process third party checks and payments are transmitted securely to YesPlay’s processors. The third parties with which YesPlay contracts for the verification of Personal Information may keep records of all data requests and data submitted to them by YesPlay.
YesPlay may transmit or transfer Personal Information outside South Africa to a foreign country, as such, Personal Information may be stored on servers located outside of South Africa in a foreign country.
YesPlay reserves the right to retain Personal Information in physical or electronic records at its discretion.
YesPlay will keep your Personal Information for the period required by law and where it needs to do so in connection with legal action or for purposes of conducting or assisting with an investigation in which it is involved, either internally or as required by legal authorities and/or regulators.
Notwithstanding, YesPlay will keep your Personal information for as long as you have requested that YesPlay provides access to its services or in circumstances where you have contacted YesPlay with a question or request, for as long as necessary to allow YesPlay to respond to such question or request and as may be required by law.
You have the right to withdraw all or part of any consent you may be required to provide to YesPlay in relation to YesPlay’s processing of your Personal Information.
You have the right to object to YesPlay processing your Personal Information. To the extent that you object to YesPlay processing your Personal Information, you can request that YesPlay no longer process your Personal Information by completing Form 1 of the regulations relating to POPIA and submitting your form to YesPlay via email to email@example.com, alternatively by emailing YesPlay or notifying YesPlay of your objection.
In the event that you object, withdraw all or part of your consent, there may be a certain period of time during which YesPlay is legally or contractually obliged to, or for which there may be a legitimate business need, to continue processing such Personal Information until a full and final termination of our business relationship with you can be affected.
To the extent that you object to YesPlay the processing of your Personal Information or your consent is withdrawn partially or fully, you agree and acknowledge that this may influence YesPlay’s ability to provide services to you, for which YesPlay cannot be held liable or responsible for. In addition, such may affect your ability to continue using YesPlay’s services.
You have a right to be notified that your Personal Information is being collected, as set out in terms of this Policy Document.
You have a right to be notified of any security breaches and/or compromises where there are reasonable grounds to believe that your Personal Information may have been accessed by an unauthorised person.
You have a right to ask YesPlay what Personal Information it has on record and gain access to such Personal Information in terms of its PAIA manual.
You have the right to correct or update any Personal Information or request that any Personal Information be deleted, provided that legislation and/or any gaming regulations do not require YesPlay to retain Personal Information about you.
You are able to review and update any personal information that may be held by YesPlay by emailing YesPlay, alternatively by completing Form 2 of the regulations relating to POPIA and submitting the completed form to YesPlay via email to firstname.lastname@example.org. The identity of any person wishing to update any information is required to be verified prior to the granting of any access to the respective person’s account or making any changes to any Personal Information.
You have a right to unsubscribe (“opt-out”) from any direct marketing material that YesPlay may send you from time to time.
YesPlay may place small text files called ’cookies’ on your device when you visit this website. These files do not contain Personal Information, but they do contain a personal identifier allowing to associate your Personal Information with a certain device. These files serve a number of useful purposes for you, including:
granting you access to age restricted content;
tailoring YesPlay’s website functionality to you personally by allowing your preferences to be remembered;
improving how YesPlay’s website performs;
allowing third-parties to provide services to YesPlay’s website;
helping YesPlay deliver targeted advertising where appropriate in compliance with the applicable laws;
enable you to save time and facilitate future access to YesPlay’s website;
identify how people navigate through our website to improve YesPlay’s services;
content and the effectiveness of YesPlay’s communications;
collect and share device data to detect and prevent associated devices with fraud and money laundering;
identify account and device irregularities and detect and prevent fraudulent transactions and abuse of any YesPlay accounts and services.
Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of YesPlay’s website where cookies are necessary. For example, you may not be able to place any bets.
You agree that YesPlay may, from time to time, place cookies on your device for the above purposes, which allows you to make full use of the functionality and services of YesPlay’s website and to allow your browser to identify you as a user, as well as ensures that you do not have to re-enter your information each time you visit the YesPlay website. These cookies cannot be used to run programs or deliver viruses to your computer and are uniquely assigned to you. Additionally, these cookies can only be read by the web server(s) that places the cookies on your device.
Further information about cookies and how to delete them from your browser can be found at allaboutcookies.org
Should you wish to lodge a complaint, you may do so verbally or in writing by contacting email@example.com or 021 200 5992 (Mondays to Fridays, 8:30 – 17:00) and request to speak to YesPlay’s compliance and Information Officer. Alternatively, you may lodge a formal complaint with the Information Regulator of South Africa by emailing POPIAComplaints@inforegulator.org.za.
In terms of section 1 of the POPIA and section 55 of POPIA, Chervon Schuler (firstname.lastname@example.org) is the Information Officer for YesPlay. In terms of section 58 of POPIA, Bruce Gray (email@example.com) is the Deputy Information Officer.
Last updated: 17.01.2023