This Policy covers how SPC collects, uses, discloses, transfers, and stores your personal information.
By accessing and using the website you agree to be bound by this Policy.
If you do not wish to be bound by this Policy, you must not access the website.
Consumer Protection Act Notice
IMPORTANT CONSUMER PROTECTION ACT NOTICE TO USERS
THIS POLICY HAS BEEN DRAFTED IN ACCORDANCE WITH THE CONSUMER PROTECTION ACT, ACT 68 OF 2008.
- NOTE that provisions of this Policy which may: impose or hold risk or liability for you; or may require you to indemnify any person; or which may constitute a risk of an atypical nature; or which could lead to injury or death have been highlighted to you and identified using BOLD letters.
- TAKE CLEAR NOTE of these provisions and ensure that you understand and comprehend their full content, meaning, and effect before continuing to access the SPC website as by so accessing the website you agree to be bound by this Policy.
- TAKE FURTHER NOTE that although these provisions have been highlighted for your attention, the remaining provisions of this Policy must also be read and understood and any provision which is not clear, understandable or the content, meaning and effect of which is not understood by you, should be clarified before accessing or using the website.
Definitions & Interpretation
In this Policy, unless inconsistent with or otherwise indicated by the context the following words and expressions shall have the meanings set out the opposite:
- “Policy” means the terms and conditions contained in this document, including any amendments, updates, or variations to same as made from time to time and posted on the website.
- “user” / “you” means without limitation, you and/or any person who accesses, browses, or otherwise engages with the website:
- “SPC” / ,a private company duly registered as such in accordance with the Companies laws of the Republic of South Africa, having registration number 2021/919775/07
and having its registered address of business at 8 Main Road , Wittedrift, 6603, Western Cape and includes its affiliates and/or subsidiaries “website” means SPC’s website at www.soulprivatecollection.com, and includes all SPC’s affiliated websites and includes any mobile application(s) in respect of the foregoing;
- “personal information” means any information and/or data of whatsoever nature relating to you that we may receive or have access to as a result of your use of the website and as dealt with in more detail in clause 5 below;
- “the parties” means SPC and the user and reference to a “party” shall mean either of the parties as the context so indicates.
This Policy shall be interpreted according to the following provisions unless the context requires otherwise:
- Words importing the singular number shall include the plural and vice versa, and words importing either gender or the neuter shall include both genders and the neuter.
- If any provision in a definition contains a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to such provision as if it was a substantive provision in the body of this Policy. References to the provisions of any Law shall include such provisions as amended, re-enacted or consolidated from time to time in so far as such amendment, re-enactment or consolidation applies or is capable of applying to any transaction entered into under this Policy.
- General words preceded or followed by words such as “other” or “including” or “particularly” shall not be given a restrictive meaning because they are preceded or followed by examples intended to fall within the meaning of the general words; and
- No provision or word used in this Policy shall be interpreted to the disadvantage of either Party because that Party was responsible for or participated in the preparation or drafting of these Terms and Conditions or any part of it.
Amendments to Policy
- SPC reserves the right to change, modify, add to or remove from portions or the whole of this Policy from time to time.
- Changes to this Policy will become effective upon such changes being posted to this website. It is your responsibility to periodically check this Policy at the website for changes or updates.
- Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by this Policy, including such changes or updates.
General Terms of the Policy
SPC undertakes to:
- To hold your personal information securely.
- To share your personal information only where you agree.
- To use your personal information to tailor the information we provide you, arrange your travel arrangements and improve our services; and to put you in control of your personal information by allowing you to update, delete, and access same.
- If you book on behalf of others, you are responsible for ensuring that the others are aware of the content of this Policy and agree with you supplying their personal data to make a booking or enquiry.
By making a booking or an enquiry, you agree to the transfer, storage, and processing of personal information insofar as it may be necessary for SPC to do so for lawful purposes relating to the purpose of your use of the website.
The personal information we collect and when and why we use it
- The sort of personal data we collect will be information such as name, address, email address, telephone number, date of birth, and personal travel arrangements. In addition, we may also be required to obtain your passport details to pass to authorities who require the same.
- We will need to collect this information to arrange the travel and other services you are requesting. In some cases, we may also need to collect more sensitive personal data such as information concerning medical conditions, disabilities, and special requirements such as dietary requests which may disclose your religious beliefs, to be able to consider your needs in relation to a booking.
We use your personal information to:
- Fulfil our contract with you and/or deal with your booking or intended booking, including processing your booking, sending you your itinerary or other details relating to your booking.
- Update you on changes to your stay or travel itinerary (for example, if there is a change to your booking pre-travel or if a flight is delayed or cancelled)
- Manage your wider travel or services requirements (for example, liaising with and transferring your personal information to airlines, service providers, and/or travel facilitators so that they can facilitate your booking and/or your travel arrangements, so any disruption can be minimized), this includes when you book a package, hotel, car or other services which may be provided by us or third parties with us.
- Process payments for your booking, fulfil requests for refunds and for accounting or audit purposes; personalize the service and offers you receive (for example, by being aware of previous travel experiences, transactions, or preferences, and tailoring the way we provide our products or services to you based on your preferences and profile); communicate and interact with you at different times throughout your journey; communicate with airlines, accommodation providers, and other parties that are part of your journey regarding your experience, preferences, compliments, or complaints; improve the products and services we offer or help us to create new ones; conduct customer satisfaction surveys so that we can obtain a better understanding of how we can continue to improve the products and services we offer or help us to create new ones. During these surveys we may collect personal information from you relating to your thoughts/comments about your experience with us; and/or
market our products and services to you
- We do not generally collect special categories of personal information from you (or those you are booking for), but where we do, we seek to minimize the collection and use of it and handle it with extra care. We also share this information with third parties (who help manage our business and deliver services such as those parties who provide wheelchairs at airports) and other companies (who help manage your booking or journey), and we transfer it globally.
- Where you (or any passenger travelling) provides us with special categories of personal information you agree that you have voluntarily provided such information and you consent (and the passenger travelling consents) for us to use that information for the purposes for which it was collected.
- If you have any queries about any of our products or services, compliments, or complaints, we will need to collect information from you, including your contact details, for us to respond to your query or provide you with assistance. We will collect this information when you: send us an email, call our customer service centre, visit a local office, or contact us via another form of communication such as through social media or an online chat tool.
- Personal information we collect and use for legal, compliance, regulatory and crime detection, and prevention purposes
- We process your personal information so that we can meet our legal, compliance and regulatory obligations, for legal purposes, such as to respond to a valid legal claim, summons, or regulatory order, and to protect our property, rights, and interests as well as the property, rights, and interest of other persons.
- We also process your personal information for crime prevention and detection purposes, including the prevention of fraud for online payments, identity verification, credit checking and credit scoring purposes and accounting or audit purposes. In each case, we do so in compliance with applicable laws.
- Personal information we collect and use from third parties
- We collect personal information from third parties who you have authorised to provide your personal information to us (for example, this may be your travel agent or another person making a booking on your behalf, your travel companion, your travel coordinator, our promotion partners, social media, and another digital website).
- We also collect personal information from individuals who may refer you as a friend to our products or services. We ask these individuals to confirm that you are happy to hear from us.
Personal information we collect and use when you are making a payment
- We collect different personal information depending on your payment method (such as credit card, bank transfer, cash). For example, for credit card payments we may collect the credit cardholder’s name, address, card number, expiry date and CVC code. This information is not retained any longer than is necessary for achieving the purpose for which the information was collected.
Legal basis for using your personal information
- We will only collect, process use, share and store your personal information where we are satisfied that we have an appropriate legal basis to do this. This may be because we need to use your personal information to perform a contract or take steps to enter a contract with you. For example, to manage your booking with us, to take payment for your booking, or to complete your travel arrangements.
we need to use your personal information for our legitimate interest as a commercial organisation. We may also capture your interactions with our website and booking journey via tools on our website to identify errors or issues and ensure your customer experience meets expectations. In all such cases, we will always look after your information in a way that is proportionate and that respects your privacy rights
we need to use your personal information to comply with a relevant legal or regulatory obligation that we have; and/or
we have your consent to use your personal information for a particular activity. For example, where you consent to us sharing with you special offers which we think may be of interest.
Sharing your personal information with others
- We share your personal information in the manner and for the purposes described below to improve the products and services we offer or help us to create new ones and for marketing, profiling and analytics as detailed below; and for the purposes described in this Policy with third parties who help us manage our business and deliver our products and services. These third parties have agreed to confidentiality obligations and use any personal information we share with them or which they collect on our behalf solely for the purposes of providing the contracted service to us. These third parties include service providers who help manage our IT and back-office systems, detect fraudulent transactions and security incidents, provide customer service centre support, manage communications and tailor marketing and advertising; verify payments such as banks and payment card companies; provide internet services; host our facilities and conduct research that assists us with understanding consumer interests, with third-party advertising and social media websites to provide advertising, bank and payment providers to authorise and complete payments, with governments, government organisations and agencies, border control agencies, regulators, law enforcement and others as permitted or required by law; and/or with third parties whose products or services you are purchasing through our website or offices, or otherwise such as airlines, tourism agencies, hotel, transfer and car hire companies, tour and excursion providers or to travel agents, including if there is a problem with your booking so that your travel agent can resolve it with you.
Personal information we collect and use for marketing purposes, profiling and analytics
- We may use personal information to let you know about our products and services that we think may be of interest to you. This may be based on your preferences, derived from Cookies, inferred from your interactions with us including on our social media accounts or market research. We may also let you know about our services which we believe may be relevant to you.
- We will only send you direct marketing about us. We may contact you by email, SMS/text, social media, or through other communication channels that we think you may find helpful. If at any time you would like us to stop sending you marketing material, please contact us or choose the relevant “unsubscribe” option at the bottom of our mailers.
How you can manage your marketing preferences
- To protect your privacy and to ensure you have control over how we manage marketing with you, and if you have indicated that you would like to receive it:
we will take steps to limit direct marketing to a reasonable level, and only send you communications which we believe may be of interest or relevance to you and at all times in line with your permissions, which, as appropriate, may include telling you about developments in the products and services available through us and those of our carefully selected partners (provided that we will communicate these to you in conjunction with our own marketing);.
- You can click the “unsubscribe” link in any mailer or other marketing material that we send to you, or you can unsubscribe by contacting us.
- If you unsubscribe completely from our marketing communications, we may be unable to notify you of tailored offers to meet your needs.
- If you do unsubscribe from marketing communications, you will still receive operational and service messages from us regarding your booking including where you may not have completed a booking and responses to your enquiries made to us.
When and how we undertake analytics and profiling
- We aggregate personal information and remove any identifying elements in order to analyse patterns and improve our marketing and promotional efforts, analyse Website use, improve our content and products and services, customize our website’s content, layout, products and services, and support our business operations and we may appoint third parties to do this on our behalf.
- We gather certain usage information like the number and frequency of visitors to our website. This information includes which webpage you just came from, which webpage you next go to, what browser you are using, your device ID and your IP address.
- This collective data helps us to determine how much our customers use parts of our website, and do research on our users’ demographics, interests, and behaviour to better understand and serve you. One of the ways we do this is by installing and using Cookies on your browser or device.
- If you use buttons on our website linked to social media or similar sites (for example, “Like” and/or “Share” buttons), content from our Website may be sent back to those sites and, depending on your privacy settings, may be privately or publicly visible (for example, to friends, followers or generally to anyone who has access to your profile page).
- We use personal information such as your date of birth, gender, country of residence, transactions (for example, payments made with us and flights taken), information derived from Cookies and your preferences and behaviours for profiling.
- Some of the legitimate purposes we profile personal information include: to obtain a better understanding of what you would like to see from us and how we can continue to improve our services for you; to personalise the service and offers you receive from us, including with invitations to special events; to provide you with tailored content online and optimise your experience of the website; to provide you with tailored advertisements on other websites you visit and social media and digital websites; to share marketing material we believe may be of interest to you, including from our third-party partners; and/or
to help us operate our services more efficiently.
- We will take steps to ensure that prior to profiling your personal information for a legitimate interest that our legitimate interest is not overridden by your own interests or fundamental rights and freedoms
How we protect and store your personal information
- We have implemented and maintained appropriate technical and organisational security measures, policies and procedures designed to protect the personal information that you share with us and safeguard the privacy of such information.
- For example, the measures we take include: placing confidentiality requirements on our staff members and service providers; destroying or permanently anonymising personal information if it is no longer needed for the purposes for which it was collected; following security procedures in the storage and disclosure of your personal information to prevent unauthorised access to it, and using secure communication channels on our website such as SSL (“secure sockets layer”) for transmitting data that is sent to us. SSL are industry-standard encryption protocols used to protect online transaction channels.
Storage of your personal information
- We keep your personal information for as long as is reasonably necessary for the purposes for which it was collected. For example, to manage bookings and provide you with any relevant products or services, as explained in this Policy. We will ensure that it is disposed of in a secure manner.
- In some circumstances, we may store your personal information for longer periods of time, for example, where we are required to do so in accordance with legal, regulatory, tax, or accounting requirements.
- In specific circumstances, we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.
- A “cookie” is a small computer file that is downloaded to your device. It collects information as to how you navigate the website and the internet and helps us provide better website services to you.
- Cookies may collect personal information about you.
- Cookies help us remember information about your visit to our websites, like your departure point, and other settings and searches.
- Cookies enable us to understand who has seen which web pages and how frequently, and to determine which are the most popular areas of our website.
- They can also help us to operate our website more efficiently and make your next visit easier and customise your view of the website to reflect your preferences and activities.
- They also help us tailor our marketing and advertisements to you on our website, another website you visit, social media websites and your other devices.
Legal rights available to help manage your privacy
You have rights in relation to your personal information.
- To exercise your rights, we may ask you for additional information to confirm your identity and for security purposes, before disclosing personal information to you.
- You can exercise your rights by emailing us. Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request within 30 days or inform you if we require further information to fulfil your request.
- We may not always be able to fully address your request, for example, if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
- You have a right to request that we provide you with a copy of your personal information that we hold, and you have the right to be informed of: the source of your personal information; the purposes, legal basis and methods of the processing; the data controller’s identity; and the businesses or categories of businesses to whom your personal information may be transferred.
- You have a right to request that we rectify inaccurate personal information. We may seek to verify the accuracy of the personal information before rectifying it.
- You can also request that we erase your personal information in limited circumstances where: it is no longer needed for the purposes for which it was collected; you have withdrawn your consent (where the data processing was based on consent); following a successful right to object; it has been processed unlawfully, or the personal information must be erased for compliance with a legal obligation under any law to which we are subject.
- We are not required to comply with your request to erase personal information if the processing of your personal information is necessary: for compliance with a legal obligation; or for the establishment, exercise, or defence of legal claims.
- You can object to any processing of your personal information which has our legitimate interests as its legal basis if you believe your fundamental rights and freedoms outweigh our legitimate interests.
- You can request that we stop contacting you for marketing purposes.
- If you have joined our mailing list, you can manage your marketing preferences automatically by clicking the “unsubscribe” link that you will find at the bottom of the emails which you receive from us, or you can unsubscribe by contacting us at email@example.com.
- You can ask us to restrict your personal information, but only where: its accuracy is contested, to allow us to verify its accuracy; the processing is unlawful, but you do not want it erased; it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or you have exercised the right to object, and verification of overriding grounds is pending.
- We can continue to use your personal information following a request for restriction, where: we have your consent; to establish, exercise or defend legal claims; or to protect the rights of another natural or legal person.
Secure Sockets Layer
- SPC uses SSL (Secure Sockets Layer) when transacting with clients’ confidential data.
- SSL is a sophisticated security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral. SSL is an industry standard and is used by millions of websites in the protection of their online transactions with their customers.
Limitation of Liability, Indemnity and Waiver
- All reasonable steps have been taken to ensure the lawful use of personal information.
- You agree that before making any decision or taking any action which might affect you or your business or your personal information you should consult SPC and/or your own professional advisors and/or otherwise take all reasonable steps to protect your personal information.
- Due to the nature of the internet, you agree that SPC is unable to guarantee that your personal information is secure from being unlawfully accessed by a third party (because of a security breach or “hacking”). It is your responsibility to ensure that you always utilise appropriate security measures and programmes and that you check all e-mails, attachments, and files before downloading them.
- Pursuant the foregoing you indemnify and shall keep SPC indemnified at all times against any direct and consequential losses sustained by you due to any loss of or damage to property, claim for or in respect of the death or personal injury, or any other claim, action, charge, cost, demand or expense, including without limitation all legal fees and costs arising as a result of any breach of this Policy, or non-compliance by you with, or contravention of the provisions of any law or any directive or rule advised of by SPC or conditions of SPC, or any unlawful obtaining of your personal information by any third party, howsoever obtained.
- You agree you shall have no claim of any nature against SPC and any holding company, supplier, employee, director, partner, affiliate and agent, and any third-party owner of rights or products by reason of any loss, damage or injury, any direct or indirect special, consequential or other damage of any kind whatsoever, you may suffer by reason of any cause or action related to the use of, or the inability to access or use the content of the website or any functionality thereof, or of any linked website, or any third-party content accessible via the website, or any breach of any provision of this Policy, or any unlawful obtaining of your personal information by any third party, howsoever obtained.
- You are obligated to report any instances of untrue, inaccurate, defamatory, unlawful or harmful information found on or related to the website or any security breach or potential security breach in respect of your or any other person’s personal information to SPC at your first instance of any such information coming to your attention.
- SPC is not liable for costs incurred by you to obtain professional and/or any other advice relating to this Policy and/or your use of the website.
- No provision of this Policy may be amended, substituted, or otherwise varied, and no provision may be added to or incorporated in this Policy, except by SPC’s posting of any update or amendment to this Policy on the website from time to time or otherwise by an agreement in writing signed by both Parties.
- Any relaxation, indulgence or delay (collectively referred to as “Indulgence”) by either Party in exercising, or any failure by either Party to exercise, any right under this Policy shall not be construed as a waiver of that right and shall not affect the ability of that Party subsequently to exercise that right or to pursue any remedy, nor shall any Indulgence constitute a waiver of any other right (whether against that Party or any other person).
- This Policy supersedes any and all prior agreements, representations, communications, negotiations and understandings between the Parties concerning the subject matter of this Policy.
- The rights and obligations of the Parties in terms of this Policy shall be personal and incapable of being ceded, assigned, or delegated by either of them to any other person save with the written consent of the other Party.
- This Policy shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Western Cape High Court, Cape Town, South Africa in the event of any dispute in relation to this Policy.
- Whenever possible, each provision of this Policy shall be interpreted in a manner which makes it effective and valid under applicable law, but if any provision of this Policy is held to be illegal, invalid, or unenforceable under applicable Law, that illegality, invalidity, or unenforceability shall not affect the other provisions of these this Policy, all of which shall remain in full force.
- SPC offers you the ability to file any complaints in relation to this Policy and/or your use of the website via the “Contact” page. Currently, SPC does not subscribe to any alternative dispute resolution code or mechanism.
Last update of this Policy
This Policy was last updated and posted to the website on 29/04/2022.
8 Main Road, Wittedrift, Western Cape, 6603, South Africa.
Business VAT Nr: 9208772252
Central Phone: +27 63 942 4943