PLEASE NOTE THAT OVER AND ABOVE THIS PRIVACY POLICY, ACCESS TO AND USE OF THIS WEBSITE AND ALL SERVICES RENDERED BY AFRICAN PATHFINDER IS SUBJECT TO AFRICAN PATHFINDER’S TERMS AND CONDITIONS (T&C) AS WELL AS ITS WEBSITE CONDITIONS - WHERE THERE IS A CONFLICT BETWEEN ANY OF THESE, THE T&C WILL PREVAIL.
• The Constitution of South Africa (Act 108 of 1996) affords all its citizens the right to privacy in terms of section 14 (d).
• However your use of www.africanpathfinder.com (hereinafter referred to as 'Our Website') is for personal use as well as transacting business with AFRICAN PATHFINDER (hereinafter referred to as 'us' or 'we' or 'our') and accordingly the right of privacy afforded as aforesaid and pertaining to such communications and data as well as any personal information conveyed during the course of such usage and transactions is limited and is subject to inter alia the 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')(the ECTA, PAIA, CPA, POPIA and GDPR will collective be referred to herein as 'the Privacy Legislation').
• You are, by using Our Website deemed, in terms of the Privacy Legislation to grant us ‘express voluntary specific and informed’ consent and permission to ‘process’ and ‘further process’ (as defined in the Privacy Legislation) your personal information and where applicable your special personal information (as defined in the Privacy Legislation) (collectively referred to herein as 'your Information') for the purposes of any personal use or 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 such products and services to you in order to meet the requirements for the travel arrangements you have requested us to provide you with and/or arrange on your behalf (‘the Third Parties’).
• The purpose of this Privacy Policy is to inform you how we will use your Information so that if you provide us with your consent, you will have been thus informed and be in a position to make such an 'informed' decision. If any aspect of this Privacy Policy is not clear, feel free to contact us. However, once you given us the 'go ahead' to process your Information, you will be deemed to have read, understood and agreed to be bound by the content and import of this Privacy Policy and such 'go ahead' will be deemed to meet the stipulated 'consent requirements'.
• Personal Information includes mainly perfunctory details such as your name, surname, address, identity and passport numbers, other contact details (e.g. next of kin), special requests etc. Most of your Information is crucial for us to provide you effectively with the services and/or products you have requested and if you were to refuse consent, which you are entitled to do, we will not be able to assist you (See 'Rights' below).
• Note that the purpose of the Privacy Legislation is not only to protect your privacy but also to place you in control of your Information, even if you have given your consent.
• Despite the fact that the Privacy Legislation is even more demanding when it comes to the processing of special personal information and that of children, we believe that any reservations you may have in that regard have been more adequately addressed.
• If you are disclosing personal information about other persons (natural or juristic - the latter is not covered by GDPR) you will be deemed to have their permission and to have been duly authorized to do so and indemnify us against any actions by such third parties. (Their and your personal information will be collectively referred to herein as 'the/your Information' and 'you' and 'your' will be deemed to include/refer to such other persons).
• We will ensure the processing of all your Information complies with the Privacy Legislation and that it is adequate, relevant and not excessive.
• Over and above the Privacy Legislation you have the protection of the PAIA - we will ensure that in processing your Information, we comply with the PAIA and that such disclosure will not, to the best of our knowledge, result in the unreasonable disclosure of your Information(section 34); will not to the best of our knowledge, cause harm to the third party’s commercial or financial interests (section 36); constitute an action for breach of a duty of confidence owed to the third party (section 37), or could reasonably be expected to endanger the life or physical safety of the third party (section 38).
• The Regulation of Interception of Communications and Provision of Communications-related Information Act (70/2002) (‘RICA’) affords us certain rights to monitor inter alia electronic communications via our network. By using Our Website, you consent to such interception within the ambit of RICA.
• Our Website is linked to other websites. This privacy policy only applies to Our Website. It is your duty to read the privacy policies of any such other linked sites. We do not exercise any control over and do not provide any guarantees regarding such other websites.
• The primary reason we collect your Information is so that we can provide you with the services and/or products you have requested. And to meet the requirements for the travel arrangements you have requested us to provide you with and/or arrange on your behalf.
• 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 utilizing 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.
• We mentioned above that you are at all times in control of your Information. This control you can exercise by virtue of the rights afforded you in the Privacy Legislation – We respect and will honour these rights - these RIGHTS are:
• EXCEPTIONS i.e. when we do not have to obtain your consent for ‘processing’:
• STORAGE - Your Information will not be stored longer than is reasonably required for us to complete the purposes for which is being processed. 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') 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'
• COOKIES
• SECURITY
• AMENDMENTS - Please note that we reserve the right to make amendments to this privacy policy from time to time. Each time an amendment is made it will be dated accordingly and reflected on our website.
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