Privacy Policy

1. General

  1. This privacy policy sets out how we will treat your personal information, and  forms part of and is subject to the Cape Long Distance Swimming Association’s {CLDSA) Website Terms of Use (“Terms of Use”), which document is available on our website.
  2. We may update this privacy policy from time to time by posting a new version on our website (www.cldsa.co.za).  You should check this page occasionally to ensure that you are aware of any changes.

2. Using your personal information

  1. In this privacy policy:
    • “personal information” shall mean personal information as defined in the Protection of Personal Information Act (Act No. 4 of 2013), available here; and
    • “processing” shall mean processing as defined in the Protection of Personal Information Act (Act No. 4 of 2013), available here. “process” shall have a corresponding meaning.
  2. Personal information collected by us, or submitted to us by way of any of the submission interfaces available on the website, will be used only for the purposes specified in this privacy policy or in relevant parts of the website.
  3. In addition, we may use your personal information to:
    • send you email notifications and/or communications which you have specifically requested;
    • send you marketing communications relating to our association by email subject to 2.4 below; and/or
    • keep the website secure and prevent fraud.
  4. You may inform us at any time should you no longer wish to receive marketing communications referred to above by ‘unsubscribing’ from our mailing list using the link provided in our marketing communications or by sending an email to ino@cldsa.co.za requesting to be deleted from our mailing list.
  5. We will only process personal information in a manner which is adequate, relevant and not excessive, taking into account the purpose for which it was collected, and for which it is processed.
  6. Where you submit personal information for publication on our website – by way of completing a Swim application, for example – we will publish and otherwise use that information in accordance with the licence you grant to us in the Terms of Use.

3. The information that we collect

  1. The primary ways in which we collect personal information about you are as follows:
    • when information about you is submitted to us by way of one or more of the submission interfaces available on the website, whether such submission is made by you or another party;
    • when you use the website, our system automatically collects information relating to your visit to our website
  2. We may collect and process the following kinds of personal information:
    • information that you provide to us in making any submission to the website by way of one or more of the submission interfaces available thereon (including without limitation your name, your telephone numbers, your identity number, your medical aid details, your physical and postal addresses and your email address); and
    • any other information that you choose to submit to us.
  3. You warrant that you have the legal authority, permission sand/or consents to provide the information submitted to us by you in terms of 3.2.1 and/or 3.2.2 above.
  4. You warrant further that we shall be entitled to process any information that we obtain about you in terms of this policy without seeking any further permissions or consents from you and/or any third parties.
  5. You undertake to notify the Cape Long Distance Swimming Association (CLDSA) in writing of any information provided by you in terms of 3.2.1 and/or 3.2.2 above that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully and that needs to be corrected or deleted (“defective information”). Upon receiving such written notification, the Cape Long Distance Swimming Association (CLDSA) shall correct or delete the defective information. You accept that the Cape Long Distance Swimming Association (CLDSA) cannot be held responsible for using defective information where it is not aware of the nature and extent of the defects in such information. 

4. Cookies

  1. Our website uses cookies. By using our website and in so doing agreeing to this policy, you consent to our use of cookies in accordance with this policy.
  2. Cookies are files containing information that a website transfers to your computer’s hard disk for record keeping purposes. Cookies do not, in themselves, personally identify users, but they may be used to compile de-identified statistics relating to use of services offered on or via our website or to provide us with feedback on the performance of our website.
  3. The following classes of information may be collected in respect of users who have enabled cookies:
    • the browser software used;
    • IP address;
    • date and time of activities while visiting the website;
    • URLs of internal pages visited; and
    • referrers.
  4. If you do not wish to receive any cookies, you may set your browser to refuse cookies. Most browsers allow you to reject all cookies, whilst some browsers allow you to reject only third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.  Blocking all cookies will, however, have a negative impact upon the usability of many websites, including the Cape Long Distance Swimming Association (CLDSA) website.

5. Disclosures and information retention

  1. We may disclose information about you to any of our employees, consultants, officers, agents, suppliers, service providers or subcontractors insofar as this is reasonably necessary for the purposes set out in this privacy policy and/or on the website itself.
  2. In addition, we may disclose and/or retain your personal information:
    • to the extent that we are required or permitted to do so by law. In this regard, please note that it is our policy to co-operate with relevant authorities in relation to law enforcement inquiries. We can (and you authorise us to) disclose any information about you to such authorities as we, in our sole discretion, believe necessary or appropriate, in connection with the investigation of any activity that is illegal, or which may expose us or you to legal liability;
    • in connection with any legal proceedings or prospective legal proceedings;
    • in order to establish, exercise or defend our legal rights (including but not limited to providing information to others for the purposes of fraud prevention and reducing credit risk);
    • in the course of our operations, business and activities which may include provision of information to third parties for operational purposes;
    • to protect the rights, property or personal safety of another Cape Long Distance Swimming Association (CLDSA) website user, any member of the public or any committee member, member, employee, agent or representative of Cape Long Distance Swimming Association (CLDSA) itself.
  3. Except as provided in this privacy policy, we will not provide your information to third parties.
  4. In addition, you may not disclose personally identifiable information about another user to any third party without our consent and the consent of such other user, after adequate disclosure, except as expressly permitted in this privacy policy.

6. International data transfers

  1. Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.
  2. Information which you provide may be transferred to various countries internationally, whose data protection laws may not be equivalent to those in force in the jurisdiction in which you reside.
  3. In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world.  We cannot prevent the use or misuse of such information by others.
  4. You expressly agree to such transfers of personal information. 

7. Security of your personal information

  1. We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
  2. We will store all the personal information you provide on our secure (password- and firewall- protected) servers.
  3. We draw to your attention that data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. We do not guarantee, and you should therefore not expect, that your personally identifiable information or private communications will always remain private. 

8. Your rights

  1. You may instruct us to provide you with a description and/or record of any personal information we hold about you upon receipt of a written request from you to this effect.  Provision of such information will be subject to:
    • the payment of a reasonable administrative fee determined by the Cape Long Distance Swimming Association (CLDSA); and
    • the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your identity book or passport certified by an attorney/solicitor or a bank, plus an original copy of a utility bill showing your current physical address).
  2. We may withhold such personal information to the extent permitted by law.
  3. We reserve the right to retain on our records information you have requested be removed from our active databases for certain purposes, such as to resolve disputes and enforce our Terms of Use. Please also note that information submitted to us by you may in some instances never be completely removed from our databases due to technical and legal constraints. You should therefore not expect that all of your personally identifiable information will be completely removed from our databases in response to any request you may submit. 

9. Third party websites

We have no control over and accept no responsibility for the privacy practices of any third party websites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any website you visit before using that website. 

10. Contact

If you have any questions about this privacy policy or our treatment of your personal information, please write to us by email at info@cldsa.co.za.