Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to GS Africa, 1-5 Rawbone Street, Green Point, Cape Town, South Africa.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: South Africa
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to GS Africa, accessible from https://gsafrica.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies: What Do They Do?.
We use both Session and Persistent Cookies for the purposes set out below:
- Necessary / Essential CookiesType: Session CookiesAdministered by: UsPurpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Functionality CookiesType: Persistent CookiesAdministered by: UsPurpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By email: email@example.com
- By visiting this page on our website: https://gsafrica.com/privacy
Mapa Lefa Trading (Pty) Ltd REGISTERED NAME (‘the Company’)
EMPLOYEE: Paul Southey Blignaut 5707075010087
FULL NAME & SURNAME & ID NUMBER (‘the Employee’) LEGISLATION There are many statutes addressing privacy, such being the following: Electronic Communications and Transactions Act, Act 25 of 2002 (‘ECTA’), the Promotion of Access to Information Act, Act number 2 of 2000 (‘PAIA’), the Consumer Protection Act, Act 68 of 2008 (‘CPA’) and the Protection of Personal Information Act, Act 4 of 2013 [‘POPIA’]) and, in the case of residents of the European Community (‘the EC’), the General Data Protection Regulations of 2018 (‘the GDPR’). However this addendum will focus in the main on privacy aspects of the CPA, POPIA and GDPR which is collectively referred to herein as ‘the Privacy Legislation’).
Words and phrases used in this document are intended to and must be interpreted to have the meaning as ascribed to it in the Privacy Legislation.
CONSENT & PROCESSING
You are, by using our Website deemed to grant us your ‘express voluntary specific and informed’ consent to ‘process’ and ‘further process’ your ‘personal information’ (such as your name, surname, address) and where applicable your ‘special personal information’ (such as religious beliefs, race, political persuasion, health and biometric information )(collectively referred to herein as ‘your Information’) for the purposes of any business you may now or in future transact with us and to disclose your Information to any of the parties we engage to provide of products and services to you (‘the Third Parties’).
The primary reason we collect and share your Information is so that we can provide you with the services and/or products you have requested. The secondary reason is so that we can (1) improve our service to you; (2) customize our service where requested, required or where it is appropriate to do so; (3) advise you of any changes (e.g. in your itinerary) or specials from time to time; (4) Analytics (Profiling): we do this ourselves or by utelizing the services of third parties. This entails using your Information to ascertain trading patterns. An example we may determine which websites you have come from/are going to; the browser you may be using; the identity of your device and your IP address. However identifying elements will be removed (or as provided for in the POPIA, ‘de-identified’) and encryption will be implemented to protect your Information (See also ‘Cookies’ below). When we engage Third Parties in the service delivery process, we have to share your Information with them but it will only be to such Third Parties as have been disclosed to you and pertaining to the services and/or products you have requested. We will also ensure that such Third Parties are compliant with the Privacy Legislation or the equivalent in their country.
RIGHTS afforded you in the Privacy Legislation – We respect and will honour these rights – these
Subject to certain exceptions (see ‘Exceptions’ below) we always have to obtain your Information from you personally
We are not allowed to process your Information unless we have your ‘informed, specific and voluntary consent’
We are obliged to advise you of the purpose for which we will be processing and Third Parties with whom we will be sharing your Information.
You can call upon us at any time to do one or more of the following regarding your Information: amend; update; delete. We are obliged in the case of the latter to provide you with proof that we have done so. Direct marketing (See below): we are obliged to obtain your consent and to advise you each time of your right to ‘opt out’/’unsubscribe’
You are entitled to enquire at any time about the steps we’ve taken to ensure that our safeguards pertaining to the protection of your Information meet the requirements of the Privacy Legislation.
You may require of us to restrict the processing of your Information o You can lodge complaints: (1) via the relevant section of our website; (2) with our Information Officer (see our website) and/or (3) with the POPIA Information Regulator
You are entitled and we are obliged to inform you when our security has been breached (POPIA: ‘as soon as reasonably possible’ and GDPR: within 72 hours)
i.e. when we do not require your consent for ‘processing’:
You (the ‘data subject’) have made your Information public;
Your Information is a matter of public record, i.e. it is ‘in the public domain and under the control of a public body;’
We are complying with an obligation imposed by law; o It involves compliance with court proceedings
It involves national security
It is being used for historic, statistical or research purposes provided it is in the public interest or obtaining your consent is difficult o It is for use in any form of journalism, provided such activity is governed by a code of conduct that has adequate safeguards – a balance must be struck between your right to privacy and the freedom of expression
Your Information has been ‘de-identified’ i.e. so that the identities of the parties cannot be determined (also sometimes referred to as ‘pseudonynimisation’)
We are doing so in pursuit of a legitimate interest of ours or the Third Party to whom it is being disclosed
Your Information will not be stored longer than is reasonably required for us to complete the purposes for which is being processed o However we may retain your Information for longer periods if required for e.g. taxation purposes or if you have requested us to do and have provided us with the requisite consent. The latter may be the case when you are a repeat customer and retaining some of your personal preferences such as twin/double bed and meal preferences will assist us in providing you with a more efficient service for future bookings.
DIRECT MARKETING (‘DM’)
DM is defined as ‘approach(ing) a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the person’
Electronic communication’ is defined as ‘communication by means of electronic transmission, including by telephone, fax, sms, wireless computer access, email or any similar technology or device’
DM may only be addressed to you if you are our customer, we’ve obtained your ‘consent’ specifically or it was obtained in the process of a sale of goods and/or services and at the time of the sale*
The DM must pertain to goods and/or services that originate from us and are similar to those in the previous sale*
Each DM must provide you with the opportunity to opt out/unsubscribe and doing so must be at our expense.
The purpose is not only to keep you informed but to link it to preferences
Note that DM does not mean or relate to your existing booking o We are furthermore required to only approach you with DM within the timeframes specified in the CPA.
Cookies are used to achieve two goals. The first is to provide us with the capability to personalize information for certain segments of our customer base. Secondly, in some instances, cookies are used to allow us the opportunity to associate individual customers with their information profiles.
A cookie is a series of data characters that, when programmed into a website, is placed by the web server into the browser’s application folder on your computer. Once placed onto your machine, the cookie will allow the website to “recognize” you as a unique individual.
‘Yes’, cookies can be removed from your hard drive. Also, depending on what type of web browser and what browser version you are using, you may be able to change the properties on your cookie file so that cookies are not used or saved. Please check with your browser provider for more information on removing cookies.
You can also prevent your browser from accepting new cookies.
As with ‘processing’ we require your ‘consent’ prior to implementing Cookies on our website, unless doing so is strictly necessary for carrying out our basic functions in complying with the services we’ve undertaken to provide you with. You will be deemed to have given such ‘consent’ by using our website but we will always provide you with an ‘Opt out’ option.
We have carried out a data protection impact assessment which entailed a ‘systematic and extensive evaluation of our processes and current safeguards’
This assessment addressed amongst others how and when we process your Information and when such processing may present (internal and external) security risks including the origin, nature, likelihood (foreseeability) and severity (extent) of such risk.
Based on the report by the experts who carried out this assessment, we have implemented ‘appropriate, reasonable and organizational measures’ to (1) ‘ensure the integrity and confidentiality’ of the Information; (2) ‘prevent the loss of, damage to or unauthorized destruction or access to or processing’ of your Information; (3) anticipate and identify the aforesaid risks; (4) maintain, monitor and update these safeguards on an ongoing basis
These measures will meet the most stringent of ‘generally accepted information security practices’ and/or ‘specific industry or professional rules and regulations’
These measures include amongst others encryption; controlling privileges of users; destroying your Information when no longer required; regular audits; back-ups; emergency incident strategies.
We will carry out regular data protection impact assessments on an ongoing basis.