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Privacy Notice

This privacy statement is complementary to, and should be read and understood with, the general terms and conditions of the use set out on this website (the “Terms of Service”). Defined terms contained herein shall, unless the context clearly indicates otherwise, bear the same meaning as set out in the Terms of Service.
  1. Bay Engineering (Pty) Ltd provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Bay Engineering Site, Bay Engineering Software and/or Bay Engineering Services. If you do not agree to our practices, please do not use The Bay Engineering Site, the Bay Engineering Software, or the Bay Engineering Service.
  2. This Privacy Policy is incorporated into and is subject to the Bay Engineering Terms of Service. Your use of the Bay Engineering Site, the Bay Engineering Software and/or the Bay Engineering Service and any personal information you provide on the Bay Engineering Site or the Bay Engineering Service remains subject to the terms of this Privacy Policy and our Terms of Service.
  3. This Privacy Policy covers the treatment of user information, including personally identifiable information, obtained by Bay Engineering, including information obtained when you access the Bay Engineering’s Site, use the Bay Engineering Service or any other software provided by Bay Engineering.
  4. This Privacy Policy does not apply to the practices of companies that Bay Engineering does not own or control, or to individuals whom Bay Engineering does not employ or manage, including any of the third parties to which Bay Engineering may disclose user information as set forth in this Privacy Policy.
  5. The purpose of this privacy statement is to set out how Bay Engineering collects, uses, shares and otherwise processes your personal information when you use this Site, Bay Engineering products or Services, or when you contact Bay Engineering.
  6. Bay Engineering may obtain the following types of information from or concerning you or your business, which may include information that can be used to identify you as specified below (“Personally Identifiable Information”):

    • User Provided Information: You provide certain Personally Identifiable Information, such as your phone number, billing information (if applicable) and physical address to Bay Engineering when choosing to participate in various uses of Bay Engineering Service.
    • Cookies Information: When you visit the Bay Engineering Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Bay Engineering uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Bay Engineering Site may not function properly if the ability to accept cookies is disabled.
    • Log File Information: When you use the Bay Engineering Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use Bay Engineering Service, our servers log certain general information about you.
  7. If you submit Personally Identifiable Information to us through the Bay Engineering Site, or the Bay Engineering Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Bay Engineering Site and Bay Engineering Service. You agree that we may process your personal information for all purposes that relate to the Site and the products, services, facilities, tools or utilities offered on the Site.
  8. If you share your personal information with any third parties, we will not be responsible for any loss suffered by you, your dependents, your beneficiaries, spouse or employees.
  9. Where applicable and to the extent appropriate, you confirm that we may share your personal information within Bay Engineering of companies for administration purposes and the provision of Bay Engineering Services and infrastructure.
  10. You also confirm that we may share and combine all your personal information for any one or more of the aforementioned purposes to customise Bay Engineering Services to meet your needs.
  11. By accepting this privacy statement, you authorise Bay Engineering to obtain and share information about your creditworthiness with any credit bureau or credit provider’s industry association or industry body. This includes information about credit history, financial history, judgments, default history and sharing of information for purposes of risk analysis, tracing and any related purposes.
  12. You agree that we may transfer your personal information outside South Africa if you give us an email address that is hosted outside South Africa; or to administer certain services, for example, cloud services.
  13. We do not use your phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your phone number, or email address, if provided, without further consent for non-marketing or administrative purposes.
  14. Please let us know if you do not wish to receive any direct electronic marketing from Bay Engineering. Bay Engineering will store your personal information for the purpose of actioning this request and shall action it as soon as reasonably possible.
  15. Bay Engineering values the information that you choose to provide and will take appropriate, reasonable technical and organisational steps to protect your personal information from loss, misuse or unauthorised alteration. The information made available to Bay Engineering concerning its clients is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
  16. You have the right to know what personal information Bay Engineering holds about you. If you wish to receive a copy, please complete an ‘Access Request Form’ on bayeng.co.za and specify the information you would like. Bay Engineering will take all reasonable steps to confirm your identity before providing details of your personal information.
  17. You have the right to request Bay Engineering to update, correct or delete your personal information. Where Bay Engineering cannot delete your personal information, Bay Engineering will take all reasonable steps to make such information anonymous. You agree that Bay Engineering may retain your personal information until you request, in writing, Bay Engineering to delete or destroy it. This is subject to our compliance with any laws which requires that we retain/store or dispose thereof.
  18. Bay Engineering may enter into arrangements with its partners and other third party suppliers in order for them to provide services to you. Those arrangements may require Bay Engineering to disclose your personal information to them. If a third party asks Bay Engineering for any of your personal information, we will share it with them only if: you have already given your consent for the disclosure of this information to that third party; or we have a legal or contractual duty to give the information to that third party.
  19. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with the laws of the Republic of South Africa, international law or respond to a court order, subpoena, or search warrant or equivalent.
  20. The Bay Engineering also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Bay Engineering believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Bay Engineering Site or our servers, and to protect the rights, property, or personal safety of Bay Engineering, our users or others.
  21. You may, of course, decline to submit Personally Identifiable Information through the Bay Engineering Site or Bay Engineering Service, in which case Bay Engineering may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please discontinue use of the Bay Engineering Service; your continued usage of Bay Engineering Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service.
  22. If we want to share your personal information for any other reason, we will do so only with your permission.
  23. Please note that if you refuse to accept cookies from this Site you might not be able to access portions of our Site.
  24. To protect your privacy and security, we take reasonable steps to verify your identity before granting you access to the Bay Engineering Service. Please contact Bay Engineering via email or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.
  25. Bay Engineering uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Bay Engineering and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the Bay Engineering Service is never recommended. Once we receive your transmission of information, Bay Engineering makes commercially reasonable efforts to ensure the security of our systems.
  26. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Bay Engineering learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Bay Engineering may post a notice on the Bay Engineering Site or through the Bay Engineering Service if a security breach occurs.
  27. The Bay Engineering Site and Service are hosted in the Republic of South Africa and are intended for and directed to users in the Republic of South Africa. If you are a user accessing the Bay Engineering Site and Service from the United States, European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from the laws of the Republic of South Africa, please be advised that through your continued use of the Bay Engineering Site and Service, which are governed by South African law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the Republic of South Africa and you expressly consent to that transfer and consent to be governed by South African law for these purposes.
  28. In the event that Bay Engineering is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganisation, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
  29. Bay Engineering may amend this privacy statement at any time, and we recommend that you familiarise yourself with this privacy statement regularly. The most updated version of this privacy statement will govern the respective rights and obligations between you and Bay Engineering each time that you access and use the Site.
  30. If you believe that Bay Engineering has used your personal information contrary to this Privacy Statement, you must first attempt to resolve any concerns with Bay Engineering. If you are not satisfied after this process, you have the right to lodge a complaint with the Information Regulator, under the Protection of Personal Information Act.
The contact details are:
Postal Address:
The Information Regulator (South Africa) 33 Hoofd Street Forum III, 3rd Floor Braampark P.O Box 31533 Braamfontein, Johannesburg, 2017
Telephone Number:
+27 (0) 10 023 5207
Fax Number:
(011) 403-0668
Complaints email:
complaints.IR@justice.gov.za
General enquiries email:
inforeg@justice.gov.za