Welcome to the Gordon’s Bay Travel website. This website is owned and managed by:
- Gordon’s Bay Development Trust (hereinafter referred to as “we” or “us” or “our”)
Gordon’s Bay Development Trust is a PBO (Public Benefit Organization) in the process of registered as a NPO, incorporated in the Republic of South Africa under REGISTRATION NUMBER IT001381/2018(C).
This Privacy Policy governs the way Gordon’s Bay Travel collects, uses, maintains and discloses information collected from Users (“User”) of our websites (“Sites”). This privacy policy applies to the Sites and all products and services offered by Gordon’s Bay Travel.
Gordon’s Bay Travel is committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our Services and your experience.
This Privacy Policy, which must be read together with our Website terms and conditions as seen above. (“Terms”), sets out the basis on which any Personal Information (see below) we collect from you, or that you provide to us, will be collected, used, stored and processed by us when you use the Website and/or the Services. Unless defined elsewhere, terms in this Privacy Policy shall bear the same meaning ascribed to them in the Terms.
By using the Website or otherwise agreeing to the Terms you agree to be bound by this Privacy Policy and by agreeing to this Privacy Policy, you provide us with your express consent and agreement that we may collect, get, receive, record, organize, collate, store, update, change, retrieve, read, process, use and share your Personal Information in the ways set out in this Privacy Policy. When we do one of more of these actions with your Personal Information, we are “Processing” your Personal Information.
If you do not agree with this Privacy Policy, or are concerned about any aspect as it relates to your Personal Information, please do not continue to use the Website.
This Privacy Policy applies to us, our successors-in-title; and you, namely a person who browses, uses, accesses, refers to, views and/or downloads the information made available by us on the Website (“Content”) and/or makes any information available to us via the Website; and/or has applied to be part of our membership or loyalty programs (“Member”).
Regardless of the device which you use to access the Website, including, but not limited to, internet-connected mobile devices and tablets (“Access Device”).
This Privacy Policy does not apply to other third party websites, products or services, linked to from, or advertised on the Website.
“Personal Information” refers to private information about an identifiable person, which includes your name and surname, age, date of birth, contact details (e.g. your home address, postal address, e-mail address or phone number), physical location, social media account details and profile pictures.
Other information which might be Personal Information may include:
- “Access Device and Device event information”: We may collect information such as your IP address, unique device identifier, the nature of the Access Device which you used to access the Website (e.g. a tablet or smart phone), the geographic location from which you accessed our Website (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes;
- “log information” When you use the Website, we may automatically collect and store certain information in server logs (i.e. our web servers automatically record and maintain a log of their activities when users access the Website , which may include your “site activity information”, such as details of how, when and for how long you accessed the Website , what links you went to, what Content you accessed, the amount of Content viewed and the order of that Content and the amount of time spent on the specific Content;
- “profile information”: We may collect and process information and data usage per profile to make targeted recommendations to that profile when logged in to using the Website ;
- “location information”: We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the GPS or IP location);
- “Member Information”: Members must provide an email address, name, surname, company name, contact number, business address, job title and location in order to submit a membership query (“Membership Query”) and Members will need to create a username and password to access their member benefits.
Some of the information we receive is Personal Information, and some is non-personal information that becomes personal. In some circumstances we will de-identify, anonymize or segregate information so that we may make use of it in aggregate form without treating it as Personal Information.
Personal Information may be processed by us in several ways, including, when:
- you access, browse or make use of the Website, and/or the Services;
- you stream, access or make use of the Content;
- we provide the Service to you;
- you log a Membership Query or access your Membership Account;
- you contact us, by email;
- we carry out demographic research;
- you sign up for our newsletters (“Newsletters”) and/or enter into any competitions or promotions (“Competitions”) which we run; and
- you submit your Personal Information to us for any other reason, or authorize third parties to do so.
2 COLLECTION OF PERSONAL INFORMATION
We collect your Personal Information in various ways, namely actively from you, passively from your Access Device when you use the Website or from our affiliates and third party service providers.
We collect:
- If you contact us, we may keep a record of that correspondence.
- The Personal Information we may actively collect from you may include your identifying information (e.g. your name, surname, and physical location), contact details (e.g. e-mail address and phone number).
- We may require you to submit certain information in order for you to submit a Membership Query or to access your Membership Account online, including, but not limited to your company name, contact number, business address, job title and location.
- We may require you to submit certain information in order for you to sign up for our Newsletters and/or enter into any Competitions, including but not limited to your name, email address, and location.
We do not collect any Personal Identification Information from Users who visit our site to READ information on our products or content.
We passively collect some of your Personal Information from the Access Device which you use to access the Website using various technological means, for instance, using server logs to collect and maintain log information.
We also use cookies and anonymous identifiers which enable our computer system to recognize you when you next visit the Website or other Services to distinguish you from other users and to improve our service to you, to make the Website more user-friendly, as well as to give you a more personalized experience.
A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit the Website or other Services and which is stored in your web browser. When you visit the Website or use our other Services again, the cookie allows the site to recognize your browser. Cookies may store user preferences and other information.
You may disable the use of cookies by configuring your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do so, you may not be able to enjoy all of the features and functionality of the Website .
The information which we may passively collect from your Access Device may include your identifying information, contact details, Device and Device event information, site activity information, log information, location information, and any other information which you permit us, from time to time, to passively collect from your Access Device.
We use Google Analytics to analyze our Site visits to track which pages are visited on our Site, and other general statistics provided by Google Analytics to improve our content and the User experience. The Google Analytics information is anonymous.
We have the Facebook Pixel Tracking on our Site to use the Facebook functionality to create new audiences who may find our products of interest. No Personal identification information is collected by us using the Facebook Pixel.
Articles on this Site may include embedded content, like YouTube videos, for example. Embedded content from other websites behaves in the exact same way as if you visited the other website.
3 USE OF YOUR PERSONAL INFORMATION
We use the information we collect to provide, maintain, and improve the Services, to develop new services, and to protect us, our Services and our users. We constantly strive to improve our users’ experience, and so we also use the information we collect in order to offer you more relevant information and Content.
We may use your Personal Information to:
- to retain and make available to your information on the Website;
- to establish and verify your identity on the Website;
- fulfil your requests for certain Services;
- diagnose and deal with technical issues and support queries and other user queries, such as problems with our server, determine the optimal and fastest route for your Access Device to use in connecting with the Website, and administer, maintain and secure the Website;
- detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorized use of the Website and/or contravention of this Privacy Policy;
- provide you with the latest information about our Services (including via our Newsletters), subject to your communications preferences;
- to communicate with you and maintain records of our communications with you, including to inform you about any changes to the Website, our Services, our Terms, this Privacy Policy or other changes that are relevant to you;
- compile non-personal statistical information about browsing habits, click patterns and access to the Website;
- improve the Website, analyze trends and administer the Website, including requesting feedback on Content and the Services;
- fulfil any contractual obligations we may have to you or any third party;
- improve your user experience and the overall quality of our Services;
- for security, administrative and legal purposes;
- if you are a Member, create your Membership Account and to ensure that we do not duplicate an existing user account on the Website; and
- other activities not specifically mentioned which are lawful, reasonable, relevant to our business activities and the minimum necessary and adequate in order for us to provide the Website and our Services.
In certain circumstances and subject to your preferences as indicated when you provide the relevant Personal Information, you agree that we may also make your Personal Information available to our affiliates, members, or strategic/industry partners (“Partners”) for them to use for [providing you with the latest information about their services]. Such use by a Partner shall be in accordance with this Privacy Policy, to the extent applicable.
4 SHARING OF PERSONAL INFORMATION
We will not intentionally disclose any of your Personal Information to third parties, except (i) when we have your permission to do so, (ii) for the purposes of our legitimate business interests, or (iii) where we are required to do so in terms of applicable law or regulation.
You agree that your Personal Information may be shared under the following circumstances:
- with affiliates, agents, advisers, service providers and suppliers which have agreed to be bound by this Privacy Policy;
- with our employees, contractors and agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as site hosting, development and administration, technical support, marketing services and other support services;
- in order to enforce or apply our Terms or any other contract between you and us;
- in order to protect our rights, property or safety or that of other users, employees, contractors, agents and any other third party;
- in order to mitigate any actual or reasonably perceived risk to us, other users, employees, contractors, agents or any other third party; and
- with governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary.
We may use your Personal Information to compile profiles for statistical purposes, provided that the profiles or statistical data cannot be linked back to you by a third party.
We will get your permission before disclosing your Personal Information to any third party for any other purpose.
5 STORAGE AND TRANSFER OF YOUR PERSONAL INFORMATION
We store your Personal Information on our servers and/or on third party servers.
We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, and such jurisdiction may not have comparable data protection legislation.
If the location that Personal Information is transferred to does not have substantially similar laws which provide for the protection of Personal Information, we will take reasonably practicable steps to ensure that your Personal Information is adequately protected in that jurisdiction.
Although absolute security cannot be guaranteed on the Internet, we take reasonable technical and organizational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorized disclosure or access to the information we Process online.
While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
We will take reasonable, practicable steps to ensure that the persons to whom your Personal Information may be disclosed in terms of this Privacy Policy have implemented, and maintain, the appropriate technical and organizational measures aimed at preventing unauthorized access to, or disclosure of your Personal Information.
You know and accept that the Internet is not absolutely secure and there is a risk that your Personal Information will not be secure when transmitting over the Internet. We do not promise that we can keep your Personal Information completely secure over the Internet. You also know and accept that we do not promise the complete security of your Personal Information. You will not be able to take action against us if you suffer losses or damages in these circumstances.
When you register on Gordon’s Bay Travel, we prompt you to provide a unique and robust password. Your e-mail address and password combination will serve as your login credentials. To prevent unauthorized access to your account, it’s important you select an email/password combination that you have never used at any other website. Otherwise, if you’re using the same email/password combination at Gordon’s Bay Travel that you use elsewhere, and if that other website or service is later hacked and your login credentials stolen, it could allow these criminals to randomly try logging into other popular websites such as Gordon’s Bay Travel to gain access to your account.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. As per normal practice, Users on our Sites should regularly change their login passwords. The passwords should be up to 15 characters including upper and lowercase alpha and numbers and other characters like #@$% for example.
We are SSL/HTTPS compliant throughout all our Sites. This encrypts our User communications with the servers so personal identifiable information is never captured by third parties without authorization.
We store all the personal information you provide on our secure (password and firewall protected) servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology.
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and User details confidential. We will not ask you for your password (except when you log in to the website).
If our website security is compromised you will be notified of the breach and how this has affected your personal information.
In case of a data breach, System Administrators will immediately go through affected Users and will attempt to reset passwords if needed after informing the User.
You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes. In short, we cannot erase data that is vital to you being our customer (i.e. basic account information like an email address).
7 RETENTION OF YOUR PERSONAL INFORMATION
We may retain all Personal Information that we collect from you so long as it remains necessary for the purposes for which it was collected unless there is a valid technical, legal or business reason for us to delete, destroy or de-identify it.
We process and store your Personal Data as long as necessary for the fulfilment of our contractual or legal obligations. Thus, we store the data as long as our contractual relationship with you as our customer obliges us to do so. After termination of our contract, we will store Personal Data only to the extent and for as long as applicable law requires. All other data will be deleted immediately when you, as a customer, unsubscribe from our Products or other services. If the remaining data is no longer required for the fulfilment of legal obligations, it will be regularly deleted, unless further processing is necessary for the preservation of evidence or the prevention of legal claims from becoming time-barred.
Business Contact or Sales Prospect Data: If you are a business contact or sales prospect that has provided us your Personal Data, we will store your data in our database so that we can follow up on previous business conversations we’ve had with you, provide you additional information about our Products, or assist you in purchasing our Products.
Further, we may keep some of your Personal Information for as long as we are required by law, a code of conduct or we reasonably need it for lawful purposes related to our functions and activities; we reasonably need it for evidentiary purposes or you agree to us keeping it for a specific period.
To the extent required by law, we will take steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date having regard to the purpose for which the information was collected or used.
You must let us know if you believe any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us.
You may request that your Personal Information be deleted if it is no longer required for the purposes for which it was collected or required by us in terms of any applicable law.
When you use the Website, and/or the Services you may receive marketing communications from us.
You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing (“direct marketing communications”).
You may opt out of receiving direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.
If you have opted-out, we may send you written (which may include electronic writing) confirmation of receipt of your opt-out request, and not send you any further direct marketing communications.
You may (in terms of the Consumer Protection Act, 2008) register a pre-emptive block against direct marketing communications. If you do so, we will not send you direct marketing communications unless you have expressly consented to receiving direct marketing communications unless you have expressly consented to receiving direct marketing communications from us.
Email/Direct Mail Campaign Data: From time to time, we may contact our customers / members / prospects directly by mail, email, or telephone to inform you about upgrades, news, promotions or special offers that you told us you were interested in receiving (including our newsletters). However, we will not contact you with any commercial communications that are unrelated to the Services you are using from us unless you have given us your prior consent to receiving such information. When responding to one of these campaigns, you may have the option to provide us with personal information, which we will use for the purpose indicated.
Survey Data: From time to time we may conduct surveys in respect of our services. Participation in our surveys is optional. However, if you respond to one of our surveys, you may provide us with personal information about you. Unless you otherwise consent, we will only use this information to determine the types of Services that may be of interest to you and to operate and improve our Services.
We are not responsible for the privacy practices of a third party site to which there may be a link on the Website, and/or any Content on the Website.
We advise you to read the terms and conditions, as well as the privacy policy of each site which you visit and to determine your privacy settings in accordance with your personal preferences.
Gordon’s Bay Travel is not liable if you suffer losses or damages when visiting another third party, including Member, website by following a link to that website from the Website. You accept that there may be risks when you use such third party, including Member, websites and you do so at your own risk.
10 CHANGES TO THIS PRIVACY POLICY
We change / update this Privacy Policy from time to time.
You agree to review the Privacy Policy whenever you visit the Website for any amendments. Save as expressly provided to the contrary in this Privacy Policy, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.
We will not use or disclose Personal Information provided to us pursuant to this Privacy Policy in ways other than the ones contemplated above, without informing you and providing you with the opportunity to consent to such modified conditions concerning the use and disclosure of your Personal Information.
- If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, 68 of 2008 (“Consumer Protection Act”) the Protection of Personal Information Act, 4 of 2013 (“POPI”) or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPI or such other laws. Therefore all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI and such other laws are complied with.
- No provision of this Privacy Policy:
- does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
- requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
- limits or excludes any warranties or obligations which are implied into this Privacy Policy by the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.
The contents of this Privacy Policy shall be governed by South African law.
If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced unless a court of competent jurisdiction determines that the substantive purpose of this Privacy Policy is then frustrated, in which case, you may contact us.
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