We take the Protection of Personal Information very seriously and as such we take the utmost care with the information that you may provide while using our website or by using our service. We are committed to protecting your privacy and personal information and complying with the applicable laws in South Africa and where applicable in other regions surrounding data, such as the Protection of Personal Information Act 4 of 2013 (“POPIA”) and additionally also in accordance with the General Data Protection Regulation GDPR (EU) 2016/679. Accordingly, we shall take all reasonable steps in protecting your data and personal information. We therefore endeavour to ensure that the accuracy, quality and confidentiality of Personal Information is at all times maintained appropriately.
The following Privacy Policy discloses the policies and procedures we employ in the collection, storage, use, protection and disclosure of your information when using our service and informs you about your privacy rights and how the law protects you. By visiting our website, this Privacy Policy applies to you.
We may use your personal data to provide and improve the service. By using our service, you agree to the collection and use of information in accordance with this Privacy Policy.
You may not access our website or use our service if you are younger than 18 (eighteen) years old or do not have legal capacity to conclude legally binding contracts. We will not intentionally or knowingly collect Personal Information from minors/persons under the age of 18. For further information, see our “Legal Capacity” section.
Interpretation
Unless stated otherwise, the words defined shall have the meanings below. The following definitions shall have the same meaning regardless of whether they appear in singular or plural forms.
Definitions
For the purposes of this Privacy Policy:
- 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 My Way Tour (Pty) Ltd, based in Cape Town, South Africa, and with registration number
- Cookies are small data files that are placed on your device by the website and often contain unique identifiers (but not Personal Info) about your device and preferences.
- 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 Information/Data is any information that relates to an identified or identifiable natural or juristic person that can be used to identify you or that person
- Service refers to our site, being My Way Tour and accessible from https://www.mywaytour.co.za
- 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 analysing 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).
- 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 Information
Types of Information Collected
Personal Data
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 the following, but is not limited to:
- Name
- Email address
- Contact number
- Usage Data
- Online identifiers
Usage Data
When you visit our website, we will automatically collect certain information about your device and usage data. This may include information about your browser type and version, what your device’s Internet Protocol address (i.e. IP address) is, the time and date of your visit, the time spent visiting our website, the individual pages viewed, unique device identifiers, what search terms referred you to our website, how you interact with the website, as well as other diagnostic data.
When accessing our website 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 device’s mobile operating system, the type of internet browser your mobile device uses, as well as other unique device identifiers and 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. Please note that other websites visited before accessible ours may place personal information within your Uniform Resource Locator (URL) during your visit to our website. In these instances we have no control over other such websites and what information is placed.
Special Personal Data
We will not collect, disclose, or use sensitive information such as racial or ethnic origins, political or religious beliefs or other sensitive data, except with your specific consent or in circumstances permitted by law.
Use of Your Personal Information
We may use Personal Information for the following purposes:
- To provide, maintain and improve our service: this allows us to measure the service that we are currently offering, how we might be able to tailor it to your usage, and how we are able to improve upon it.
- To comply with statutory obligations: where obligated in terms of user identification, verification and screening.
- 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 website.
- To contact you: To contact you by email, telephone, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding update, changes to the website, or informative communications related to the functionalities, products or contracted services, including security updates, changes to the website or to this Privacy Policy, updates to our terms and conditions, where necessary, reasonable for their implementation, and where it is relevant to you.
- To offer you with site content such as news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already enquired about or purchased, unless you have opted not to receive such information.
- To manage your requests: To attend and manage your requests to us.
- To detect, prevent or manage fraud: whether actual or alleged, security breaches, abuse, misuse or unauthorised use of our service and where there are instances of contravention to this Privacy Policy.
- For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganisation, 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 Information 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.
Your Obligations in terms of Personal Information
You may only provide us with your own Personal Information or that of another juristic or natural person for which you have their permission to do so. We take no responsibility to verify whether the information provided is related to you or another body.
Retention of Personal Information
We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy, in accordance with applicable legislation, or until you contact us and ask us to destroy it. Notwithstanding the aforementioned, we will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws or judicial authorities), to resolve disputes, for the purposes of researching, investigating and prosecuting criminal offences, and enforce our legal agreements and policies.
Usage Data may be retained for internal analysis purposes. Usage Data is generally retained for a shorter period of time than personal data, except when this data is used to strengthen the security or to improve the functionality of our website, or we are legally obligated to retain this data for longer time periods.
We will always comply with the applicable legal, regulatory, tax, accounting or other requirements in regards to the retention of Personal Information. If we no longer need to retain your Personal Information, we will where possible anonymise or delete your data.
Your Rights and Preferences
You have the right to know what Personal Information we have about you, to request corrections or updates to it, and to opt-out of any marketing. Where required by law, we will take all reasonable steps to ensure that the Personal Information we have about you is accurate, complete, not misleading and is up to date. In the absence of evidence to the contrary, we will assume that the information provided by yourself and/or collected on you is accurate and we will not be held liable for any information that is not accurate or is obsolete.
You have the right to:
- Request access to the Personal Information that we hold about you
- Request amendment to the accuracy of your Personal Information
- Request erasure, as permitted by law and subject that it is not contrary to any obligations we may have to retain said data in terms of administrative, legal, security purposes, or to protect our rights
- Restrict or suspend our processing of your Personal Information to only be that which is strictly necessary for the performance of our services to you
- Restrict all cookies, by setting your web browser to do so, including cookies associated with our services or products
- Object to the processing of Personal Information, if such processing is based on legitimate interests
- Object to the processing of Personal Information for direct marketing purposes
- Submit a complaint to the Information Regulator should we breach any terms of this Privacy Policy
It can take us up to 21 (twenty-one) days to respond to your request. To contact us or request any of the above, see the “Contact Us” section below. Your rights to exercise the above are subject to verification and validation of your identity.
Disclosure of Your Personal Information
We will never intentionally disclose your Personal Information for financial gain (selling of your information) and in instances where we disclose your Personal Information, it will be with your permission or if required, it will be in the manners set out below. You agree and give permission for us to share your Personal Information under the following circumstances:
Business Purposes
If the Company is involved in a merger, acquisition, asset sale, or otherwise in whole or part, your Personal Information may be transferred. We will provide notice before such instances that your Personal Information is transferred and where your Personal Information becomes subject to a different Privacy Policy.
To our employees or other divisions or companies within the group of companies to which we belong. This is to provide our service, or to provide joint content and services, and to help detect and prevent potentially illegal acts and/or violations to our policies.
For marketing purposes such as aggregate statistics to advertisers or business partners, if applicable. In such instances, the information provided will solely be used for statistical purposes and will be in general terms.
To third party companies employed by the Company to provide our services, such as but not limited to website development and hosting. These third party companies may require access to your Personal Information in order to perform their functions. The Personal Information shared in these circumstances will only be to perform the necessary functions and not for any other purposes. We endeavour that in these instances, the third party companies undertake to manage your Personal Information with the same strict requirement as we do to ensure that they similarly respect and protect your privacy, even if some of these third party companies are located in other countries that do not offer the same levels of protection of personal information as found in South Africa.
Law Enforcement or Legal Requirement
Under certain situations, the Company may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). In such instances, we may disclose your Personal Information in the good faith belief that such action is necessary to:
- Comply with a legal obligation or request
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing, fraud, misuse, or unauthorised access in connection with the service
- Protect the personal safety of users of the service or the public (e.g. if you provide false or deceptive information about yourself, or if you misrepresent yourself as being someone else, we will disclose such information to the appropriate regulatory bodies and commercial entities)
- Protect against legal liability
Security of Your Personal Information
While your privacy and the security of your Personal Information is very important to us, and we make every effort to secure the integrity of your Personal Information on our website, please remember that no method of transmission over the internet or electronic storage is guaranteed 100% secure. We strive to implement generally accepted security safeguard standards and best practices that are periodically updated as a means to protect the Personal Information that you provide from misuse, loss, alteration and destruction. Only authorised persons are provided access to your Personal Information and these individuals have agreed to maintain the confidentiality of this information. Despite these measures, we cannot guarantee it’s absolute security and as far as the law allows, we will not be liable for any loss, claim, and/or damage arising from any disclosure, misuse, loss, alteration, destruction or unauthorised access to your Personal Information. You acknowledge that with the continued usage of our service, you agree that there may be risks with your Personal Information not being fully secure and that you will not be able to take action against us should you suffer any consequential loss and/or damage.
Links to Other Websites and Embedded Content
Our website may contain links to other websites or embedded content from other websites. If you click on a third party link, you will be directed to that third party’s site. Embedded content behave in the same way as if you had visited that third party website directly. Please note that we are not responsible for the privacy practices of third party websites or for any claims, loss and/or damage arising from these websites. We have no control over them and we strongly advise you to review the Privacy Policy of every site you visit which collects personal information.
Cookies
When you visit our website, we may use “cookies” or other tracking technologies to improve and analyse our website, as well as to track the activity on our website. Cookies are small text files placed on your device through your browser and they allow the website to remember you or your preferences. They do not contain your Personal Information, however they allow us to associate you with a particular device. We make use of these files to make our service more user friendly and we may be able to provide you with a personalised website experience and interaction through the use of cookies. By doing this, we may be able to tailor our services to your preferences or needs, as well as ensuring that the website works optimally on your device.
The tracking technologies that we may use are such as web beacons, which are small electronic files for the purposes of website related statistics. Parts of our website and communication that we send out may contain these web beacons, which are also referred to as clear gifs, pixel tags, and single-pixel gifs, and which permit us to perform actions such as counting the number of users who have visited our website or particular web pages.
Cookies can be “Persistent/Permanent” or “Session” Cookies. Persistent or Permanent Cookies remain on your device when you go offline as they permanently store a unique code on your device in order to identify your device. No Personal Information is stored in permanent cookies and their use is to enhance your website experience. Session Cookies on the other hand expire and are deleted when you close your browser, or if you have not visited the server for a certain while. They only last for the duration of your website visit and are used to maintain the website state and caters to the website functioning optimally.
We may use both session and persistent cookies for the purposes set out below:
- Necessary / Essential Cookies: These cookies are essential in providing 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.
- Cookies Policy / Notice Acceptance Cookies: these cookies identify if users have accepted the use of cookies on the website.
- Functionality Cookies: These cookies allow us to remember choices you make when you use our service, such as remembering your login details or language preferences. The purpose of these cookies is to provide you with a more tailored experience and to avoid you having to re-enter your preferences every time you visit the website.
We may also use cookies to personalise advertisements (if our website contains advertisements), as well if applicable to provide social media features and to also analyse web traffic to our service. We may also share information about your use of our service to our social media, advertising, marketing, and analytics partners .
Cookies set by third party companies on our website, such as by our business partners or suppliers, cannot be controlled by us. These cookies are not accessible by us and we have no control over how they are governed or managed.
Since cookies are stored by your browser on your device, you may disable the use of cookies by configuring your browser to reject or disable all cookies or indicate when a cookie is being sent. By doing so however, we cannot guarantee that all the features of the website will be available or that the functionality will work correctly. This may ultimately affect your experience of our service and we take no responsibility should your experience of the website be affected. The following are guides to managing your cookies or cookie preferences on some of the popular browser options:
You may also find out more about cookies here.
Legal Capacity
We do not address anyone under the age of 18 (eighteen) or who do not have legal capacity. We do not collect personally identifiable information from persons under this age unless with the consent of their legal guardian or parent. We will not knowingly collect Personal Information from persons under this age. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from anyone under the age of 18 without parental authorisation and consent, we will take the necessary steps to remove that information from our servers.
If you are younger than 18 years old or do not have legal capacity, you may not access our website or use our services.
Contact Us
If you have any questions about this Privacy Policy or if You wish to withdraw consent that was previously given to us in processing Your data, You can contact us by visiting the contacts page on our website: https://www.mywaytour.co.za/contact/
This Privacy Policy was last updated in October 2022. We may update our Privacy Policy from time to time as required and any changes shall be communicated on our website. Any changes automatically take effect 30 (thirty) days after they have been posted. You are advised to review this Privacy Policy periodically for any changes to be informed about how we are protecting your information. The latest version of the Privacy Policy will replace all earlier versions unless indicated.