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Privacy Policy & Terms of Use

Privacy Policy

This privacy policy applies between you, the User of this Website and Five Star Guides, the owner and provider of this Website. Five Star Guides takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

Please read this privacy policy carefully. Yes we know...it's loooong....grab a cup of coffee (go on....we'll wait....), and read on!

Definitions and interpretation

  1. In this privacy policy, the following definitions are used:
    Data collectively all information that you submit to Five Star Guides via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
    Cookies a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
    Data Protection Laws any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
    GDPR the General Data Protection Regulation (EU) 2016/679;
    Five Star Guides,
    we     or us    		 Five Star Guides, whose registered office is at Exceed House, Springfield Office Park, Bellville, Cape Town;
    UK and EU Cookie Law the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronxic Communications (EC Directive) (Amendment) Regulations 2011;
    User or you any third party that accesses the Website and is not either (i) employed by Five Star Guides and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Five Star Guides and accessing the Website in connection with the provision of such services; and
    Website the website that you are currently using, https://www.fivestarguides.co.za, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
  2. In this privacy policy, unless the context requires a different interpretation:
    1. the singular includes the plural and vice versa;
    2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
    3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
    4. "including" is understood to mean "including without limitation";
    5. reference to any statutory provision includes any modification or amendment of it;
    6. the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

  1. This privacy policy applies only to the actions of Five Star Guides and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
  2. For purposes of the applicable Data Protection Laws, Five Star Guides is the "data controller". This means that Five Star Guides determines the purposes for which, and the manner in which, your Data is processed.

Data collected

  1. We may collect the following Data, which includes personal Data, from you:
    1. name;
    2. contact Information such as email addresses and telephone numbers;
    3. IP address (automatically collected);
    4. web browser type and version (automatically collected);
    5. operating system (automatically collected);
    6. a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected);
      7. in each case, in accordance with this privacy policy.

How we collect Data

  1. We collect Data in the following ways:
    1. data is given to us by you; and
    2. data is collected automatically.

Data that is given to us by you

  1. Five Star Guides will collect your Data in a number of ways, for example:
    1. when you contact us through the Website, by telephone, post, e-mail or through any other means; in each case, in accordance with this privacy policy.

Data that is collected automatically

  1. To the extent that you access the Website, we will collect your Data automatically, for example:
    1. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, andmay include your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
    2. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".

Our use of Data

  1. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
    1. internal record keeping;
    2. to initiate a conversation with you, our customer, in order to make a reservation, and to plan your guided tour with Five Star Guides;

    2. in each case, in accordance with this privacy policy.

  2. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).

Who we share Data with

  1. We may share your Data with the following groups of people for the following reasons:
    1. our employees, agents and/or professional advisors - to make arrangements for services not provided by Five Star Guides, such as dinner reservations, or Shark Cage diving tours;
    2. third party service providers who provide services to us which require the processing of personal data - to assist third party service providers in providing you with services not provided by Five Star Guides, for example tours, dinner reservations, reservations for entertainment such as theatre & shows, etc. ;

      3. in each case, in accordance with this privacy policy.

Keeping Data secure

  1. We will use technical and organisational measures to safeguard your Data, for example:
    1. we store your Data on secure servers.
  2. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: book@fivestarguides.co.za.
  3. If you want detailed information on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org.

Data retention

  1. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.
  2. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

  1. You have the following rights in relation to your Data:
    1. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
    2. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
    3. Right to erase - the right to request that we delete or remove your Data from our systems.
    4. Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
    5. Right to data portability - the right to request that we move, copy or transfer your Data.
    6. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
  2. To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: book@fivestarguides.co.za.
  3. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority.
  4. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

Transfers outside the European Economic Area

  1. Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA.
  2. We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.
  3. To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.

Links to other websites

  1. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

  1. Five Star Guides may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Five Star Guides. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
  2. We may also disclose Data to a prospective purchaser of our business or any part of it.
  3. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Cookies

  1. This Website may place and access certain Cookies on your computer. Five Star Guides uses Cookies to improve your experience of using the Website and to improve our range of products and services. Five Star Guides has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
  2. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
  3. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Five Star Guides to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
  4. This Website may place the following Cookies:
    5. Type of Cookie Purpose
    Strictly necessary cookies These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
    Analytical/performance cookies They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
    Functionality cookies These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  5. You can find a list of Cookies that we use in the Cookies Schedule.
  6. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
  7. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.
  8. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
  9. For more information generally on cookies, including how to disable them, please refer to https://www.aboutcookies.org. You will also find details on how to delete cookies from your computer.

General

  1. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
  2. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
  3. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

Changes to this privacy policy

  1. Five Star Guides reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

    You may contact Five Star Guides by email at book@fivestarguides.co.za.
  2. This privacy policy was last updated 2 July 2019

Cookies

Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know.

Strictly necessary

We use the following strictly necessary cookies:

Description of Cookie Purpose

 

Analytical/performance

We use the following analytical/performance cookies:

Description of Cookie Purpose
Google Analytics We use this cookie to help us analyse how users use the website

 

Functionality

We use the following functionality cookies:

Description of Cookie Purpose

Terms of Use

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, kindly refrain from using this website.

You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Five Star Guides' use of cookies in accordance with the terms of Five Star Guides' privacy policy above.

License to use website

Unless otherwise stated, Five Star Guides and/or its licensors own the intellectual property rights in the website and content majority on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
• edit or otherwise modify any material on the website; or
• redistribute material from this website [except for content specifically and expressly made available for redistribution].

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Five Star Guides' express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Five Star Guides' express written consent.

Restricted access

Access to certain areas of this website may be restricted. Five Star Guides' reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Five Star Guides' discretion.

If Five Star Guides' provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Five Star Guides may disable your user ID and password in Five Star Guides' sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Five Star Guides a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Five Star Guides the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Five Star Guides or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Five Star Guides reserves the right to edit or remove any material submitted to this website, or stored on Five Star Guides' servers, or hosted or published upon this website.

[Notwithstanding Five Star Guides' rights under these terms and conditions in relation to user content, Five Star Guides does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Five Star Guides makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Five Star Guides does not warrant that:

 this website will be constantly available, or available at all; or
 the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Five Star Guides will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 to the extent that the website is provided free-of-charge, for any direct loss;
 for any indirect, special or consequential loss; or
 for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Five Star Guides will, at all times, take all reasonable measures to ensure that all content provided and displayed, both audio and visual, does not violate any legal or constitutional license or agreement. In using this website, you acknowledge that, at times, it may not be possible to confirm the legal validity or ownership of such content, and that, as such, Five Star Guides will therefore not be liable for any such contravention, and that should any violation or infringement be discovered, that such violation or infringement is reported to Five Star Guides, through Five Star Guides' established communication channels, for such violation or infringement to be reviewed, ammended or withdrawn from the site, as appropriate.

These limitations of liability apply even if Five Star Guides has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Five Star Guides' liability in respect of any:

 death or personal injury caused by Five Star Guides' negligence;
 fraud or fraudulent misrepresentation on the part of Five Star Guides'; or
 matter which it would be illegal or unlawful for Five Star Guides' to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Five Star Guides' has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Five Star Guides' officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Five Star Guides' officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Five Star Guides.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Five Star Guides and undertake to keep Five Star Guides indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Five Star Guides to a third party in settlement of a claim or dispute on the advice of Five Star Guides' legal advisers) incurred or suffered by Five Star Guides arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Five Star Guides other rights under these terms and conditions, if you breach these terms and conditions in any way, Five Star Guides may take such action as Five Star Guides deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Five Star Guides may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Five Star Guides may transfer, sub-contract or otherwise deal with Five Star Guides rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Five Star Guides' in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Sout Africa, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of South Africa.

Five Star Guides details

Five Star Guides address is Exceed House, Springfield Office Park, Bellville, Cape Town.

You can contact Five Star Guides by email to book@fivestarguides.co.za.

(Credit: This document was created using a Contractology template available at http://www.contractology.com)