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Terms & Conditions

DATA COLLECTION POLICY

In terms of the Electronic Communications and Transactions Act, No. 25 of 2002, Getawaystay.co.za (Getawaystay) is a Data Controller, namely Getawaystay  electronically collects, collates, processes and stores personal information obtained through the use of the Getawaystay  Portal (enter URL), for purposes identified and outlined below.

This policy must be read together with the Getawaystay Privacy Policy.

Data Collection and Purpose:

Getawaystay  undertakes to only collect and use personal data voluntarily provided by yourself to this site.

You are able to browse this site without disclosing any personal information about yourself.

You may choose to provide Getawaystay  with limited personal data as required in order to register for certain services.

Once registered the information will only be used for the specified service(s) outlined below:

  • Register for certain updates on information providers.
  • Express request for information to be provided to you.
  • General contact with Getawaystay.
  • Register for access to booking facilities & browsing of information and facilities on the site.
  • Disclosure of Information

Personal information held by Getawaystay  will be kept confidential, however, Getawaystay may and will   disclose such information in the following instances:

  • At your request or upon your written consent.
  • If Getawaystay is compelled to do so by a court order or any other legal or regulatory requirement.
  • If it is in the public interest to do so; and/or if it is necessary to protect Getawaystay’s rights.
  • Any other person under a duty of confidentiality to Getawaystay.
  • Any person to whom Getawaystay is under an obligation to make disclosure under the requirements  of law.
  • Lawyers, accountants, auditors, financial regulators and law enforcement bodies when necessary to administer your money or to respond to a legal enquiry or satisfy a legal requirement.

Sensitive Information:

Getawaystay does not intentionally collect any sensitive information through the Getawaystay Portal unless legally required to do so.

Sensitive information includes but is not limited to race or ethnic origin, political opinions, religious or other beliefs, physical or mental health.

Getawaystay suggests that you refrain from providing such information but points out that by doing so you will be deemed as providing your explicit consent which will enable Getawaystay  to use the information for the specified purpose for which it was supplied.

Related Policies:

Please also note that Getawaystay has a Privacy Policy which you can refer to for further information about the use of your personal and private information.

This Data Collection Policy operates and will be read together with the Getawaystay Privacy Policy. In the event of a conflict between the two policies the privacy policy will prevail.

Changes to this statement:

Please note that these guidelines are subject to change at any time. Any such changes will be posted on this page. You are encouraged to review this privacy policy at the inception of each session.

Law and jurisdiction:

This privacy policy is governed by the Laws of the Republic of South Africa and without regard to the conflict of laws principle.

You agree that any cause of action that may arise under this privacy policy shall be commenced and be heard in the appropriate court in South Africa.

You agree to submit to the personal and exclusive jurisdiction of the courts located within South Africa.

Acceptance of policy:

By using this Portal, or otherwise providing your personal information to Getawaystay, you signify your acceptance of our privacy policy.

If you do not agree to this policy, please do not use the Getawaystay  Portal or provide any personal information to Getawaystay.

Effective date of policy: 1 November 2016

PRIVACY POLICY

Getawaystay respects your privacy and is committed to protecting it. This privacy policy is intended to inform you of our privacy principles and of the choices you can make about the way your information is collected online and how that information is utilized by us.

This privacy policy applies to the Getawatstay  website only. This statement is not applicable to other related websites not specifically included. Certain pages on our website have been structured so that you can access the Getawaystay site without identifying yourself or revealing any personal information. However, should you wish to make full use of the Getawaystay  website, you will be required to register and provide us with personal information.

The Getawaystay website may contain links to, or from, other sites that are not governed by this privacy policy. Getawaystay  is not responsible for the content, the privacy and the security policies employed by linked sites.

Certain services are linked with those linked sites, some which offer you the option to share with both Getawaystay  and the third party personal data you provide. However, Getawaystay  will not share your personal information with those linked sites unless you make that choice.

Furthermore this policy is to be read together with the Getawaystay Data

Collection, Use and Retention Policy.

See full terms of our privacy policy below:

PRIVACY NOTICE

BY ACCESSING AND USING THIS WEBSITE, THE USER CONSENTS TO THE PROCESSING OF THEIR PERSONAL INFORMATION BY GETAWAYSTAY.CO.ZA ON THE BASIS SET OUT IN THIS PRIVACY NOTICE. IF THE USER DOES NOT CONSENT, THE USER MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS WEBSITE.

  1. INTRODUCTION

1.1  Getawaystay.co.za  collects, uses and, in some circumstances, shares the personal information of Users in and through this website.

1.2  Getawaystay.co.za  respects the rights of Users whose personal information is collected and used by it, including their right to protection against the unlawful collection, retention, sharing and use of such personal information.

1.3  The purpose of this Privacy Notice is to provide Users with information about the information processing activities of Getawaystay.co.za  and the manner in which their rights are protected.

1.4  This Privacy Notice shall serve as a blanket notification to Users about Getawaystay.co.za’ processing activities which will remain valid for a 12 month period. Users will not be notified separately on each occasion that Getawaystay.co.za processes the same personal information in the same way over the 12 month period.

1.5  Getawaystay may amend the provisions of this Privacy Notice to comply with any changes in the law, and/or pursuant to any changes to its information processing activities or privacy practices. Such amendments will be published on the website and will become operable from the date of such publication.

1.6  This privacy policy, and the interpretation and enforcement thereof, will be governed by the laws of the Republic of South Africa.

1.7  The provisions of this Privacy Notice must, as far as possible, be incorporated into the agreement between Getawaystay.co.za  and Users of this website.

  1. DEFINITIONS AND INTERPRETATION

2.1  In this Privacy Notice, the following words bear the following meanings:

  • “consent” means any voluntary, specific and informed expression of will in terms of which permission is given by or on behalf of a User for the processing of their personal information;
  • “direct marketing” means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to the data subject;
  • “information officer” means _________________;
  • “operator” means an outside third party who processes personal information for or on behalf of Getawaystay.co.za in terms of a contract or mandate;
  • “personal information” means any information linked to a User or information that can identify a User, including but not limited to:
  • information relating to a User’s gender, nationality, ethnic or social origin age, language;

information relating to a User’s education or their financial, criminal or employment       history;

  • a User’s identity number, e-mail address, physical address, telephone number, location information or online identifier;
  • a User’s personal opinions, views or preferences;
  • correspondence sent by a User which is of a private or confidential nature;
  • the views or opinions of others about a User; and
  • the User’s name if it appears with other personal information relating to that User, or if the disclosure of their name on its own would reveal further personal information about that User;
  • “POPI” means the Protection of Personal Information Act, including any regulations or codes of conduct promulgated under it;
  • “PROATIA” means the Promotion of Access to Information Act 2 of 2000;
  • “process or processing” means, in relation to personal information, any operation or activity or any set of operations, whether or not by automatic means, including:
  • the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information;
  • dissemination by means of transmission, distribution or making available in any other form; or
  • merging, linking, as well as restriction, degradation, erasure or destruction of that information;
  • “User” means a visitor or user of this website, or any of the content or services associated with this website;
  • “the website” means the website or any part thereof which is accessible from http://www.getawaystay.co.za

2.2  Any reference in this Privacy Notice to:

  • the singular includes the plural and vice versa;
  • any one gender includes the other genders, as the case may be;
  • an act, regulation or other law is to the version of that law in force at the effective date of this notice and includes any amendment or re-enactment made to that law after the effective date of this notice.

2.3  When calculating any number of days for the purposes of this notice, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day

2.4  The word “include” means “include without limitation”. Use of the word “include” or “in particular” is for illustration or emphasis only and where followed by specific examples must not be interpreted as limiting the meaning of the general wording preceding it.

2.5  A requirement that any notice, request, demand or other communication made in terms of this Privacy Notice must be in writing will be met if it is in the form of a data message as defined in the Electronic Communications and Transactions Act, No. 25 of 2002, and is accessible in a manner usable for subsequent reference.

  1. RESPONSIBLE PARTY

3.1  Getawaystay.co.za  will be the party who will be collecting and processing a User’s personal information and as such is designated as the “responsible party” for the purposes of this Notice.

3.2  Getawaystay.co.za  contact details are as follows:

Physical address: 20 Sering Ave, Bothaville

Telephone number: 060 525 9602

admin@getawaystay.co.za

Webside address: http://www.getawaystay.co.za

3.3 Getawaystay.co.za  may instruct third party operators from time to time to undertake certain processing activities relating to the User’s personal information.

  1. WHAT PERSONAL INFORMATION IS COLLECTED

4.1  Getawaystay.co.za  may collect the following personal information from the User:

  • Initials, first name, surname
  • Identity number
  • Physical and postal address
  • Email address
  • Telephone and cellphone numbers
  • Gender, nationality, ethnic and social origin, age, language preference
  • a User’s personal opinions, views or preferences
  • correspondence sent by a User which is of a private or confidential nature
  • the views or opinions of others about a User; and
  • a User’s credit information and history.

4.2  The supply of personal information by the User to Getawaysta.co.za  is voluntary and not mandatory. However, if the User refuses to supply any personal information, certain consequences may naturally flow from such a refusal, such as preventing Getawaystay.co.za from concluding or performing any contract with the User, or preventing Getawaystay.co.za  from complying with one or more of its obligations in law.

4.3  There is no applicable law which directly requires or authorises Getawaystay.co.za  to collect a User’s personal information.

  1. PURPOSE/S FOR COLLECTION AND PROCESSING OF PERSONAL INFORMATION

5.1  Getawaystay.co.za  shall only collect a User’s personal information for a specific, explicitly defined and lawful purpose relating to a function or activity of Getawaystay.co.za  business.

5.2  Such purposes may include the following

  • to enter into a contract with a User
  • to perform any obligations under a contract with a User
  • to comply with a legal obligation
  • to protect a legitimate interest of a User (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds)
  • to pursue its own legitimate interests or the legitimate interests of a third party who it is sharing the information with (unless the User has specifically objected in writing to all or some of the processing activities on reasonable grounds)
  • to process personal information for credit reporting purposes
  • to process personal information for direct marketing purposes (unless the User has opted out of receiving any direct marketing material)
  • to present content to the User in the most effective way for them and their viewing device and browser
  • to customise and display content including, but not limited to products, articles, listings and advertisement to the User in a way that Getawaystay.co.za feels may interest the User or be most beneficial to them
  • to send content including, but not limited to products, articles, listings and advertisement content to the User via email or other electronic media, where the User has consented to be contacted by Getawaystay.co.za with such content;
  • to enable the User to voluntarily participate in interactive features on the website;
  • to notify the User about changes to the website;
  • to contact the User regarding their orders and/or deliveries.

5.3  If Getawaystay.co.za  intends to process a User’s personal information for any other purpose not listed in clause 5.2 or which is otherwise not automatically permitted by law, it shall ensure that it obtains the User’s written consent to do so.

5.4  Getawaystay.co.za  will not sell a User’s personal information to any third party without the prior written consent of the User.

  1. COLLECTION DIRECTLY FROM USER

6.1  Getawaystay.co.za  shall, as far as possible, always collect personal information about a User directly from the User, except in the following circumstances:

  • Where personal information is collected from a public record, or from another source if the information has already been made public by the User;
  • where the User has given their written consent to Getawaystay.co.za to collect their information from another source;
  • where the collection of a User’s personal information from another source will not prejudice any of the User’s legitimate interests;
  • where the collection of personal information from another source is necessary to maintain Getawaystay.co.za’s legitimate interests or those of any third party it intends sharing the information with;
  • where the collection of personal information directly from the User would prejudice the purpose for the collection;
  • where the collection of personal information directly from the User is not reasonably practicable in the circumstances.

6.2  If Getawaystay.co.za  collects personal information from a source other than the User, it shall record in writing the details of that source, including the full names and contact details of that source where applicable.

6.3  The User hereby consents to Getawaystay.co.za  requesting and obtaining credit information pertaining to the User from any reputable credit reporting agency or institution for the purpose of concluding any transaction for the sale of goods or services to the User on this website.

6.4  Personal information may be collected from or supplied by the User in any of the following ways:

  • during the process of registering as a member on this website;
  • provided by the User as part of their profile pages on the website;
  • when subscribing to a service or participating in a survey offered on this website;
  • when posting a comment, review, reply or recommendation on this website;
  • when requesting further services or information from Getawaystay.co.za;
  • when contacting Getawaystay to report a problem with the website or for any other reason;
  • when uploading their curriculum vitae to the website or applying for any job offered; and
  • when completing any forms on the website.

6.5  The User may visit the website without providing any personal information. However, the website’s servers may still collect technical information regarding the use of the website, which is aggregated for analytical purposes, technical maintenance and for improving the content offered on the website. Such information may include details of the User’s visit, information about the User’s computer, including IP (Internet Protocol) address, operating system and browser type, the User’s location, and usage information. An individual User will not be identified from or by this information and Getawaystay.co.za  is entitled to copy, distribute or otherwise use such information without limitation.

  1. COOKIES

7.1  “Cookies” are small text files transferred by a webserver to a User’s hard drive and thereafter stored on their computer. The types of information a Cookie collects includes a User’s username, the date and time of their visits to the website, their browsing history and preferences.

7.2  Getawaystay.co.za  may use Cookies on this website to:

  • distinguish one User from another on the website;
  • remember the User’s last session when they return to the website;
  • estimate the website’s audience size and usage patterns;
  • store information about the User’s preferences, which allows Getawatstay.co.za to customize the website and content according to the Users individual preferences; and
  • speed up searches on the website.

7.3  The provisions of this clause are only applicable to Cookies used by Getawaystay.co.za In some instances, third-party service providers may use Cookies on the website. Getawaystay.co.za cannot and does not control or access Cookies used by third party service providers and takes no responsibility therefor.

7.4  The User has the right and ability to either accept or decline the use of Cookies on their computer’s web browser, whether they are logged in as a member, or simply casually visiting the website. However, declining the use of Cookies may limit a User’s access to certain features on the website.

  1. GENERAL CONDITIONS FOR PROCESSING PERSONAL INFORMATION

8.1  Getawaystay.co.za  shall comply with all laws, contracts or regulations when it processes a User’s personal information.

8.2  Getawaystay.co.za shall not act unreasonably when processing a User’s personal information. This means that it will collect and process a User’s personal information in a way that the User can reasonably expect and in a way that is fair.

8.3  Getawaystay.co.za  shall respect the User’s right to privacy at all times. If there is another way in which it can achieve the same goal without posing any risk of harm to the privacy rights of the User, then it will choose that option.

8.4  Similarly, if Getawaystay.co.za needs to process personal information but there are less privacy-invasive methods of collecting, using and sharing that information, then it will use those methods.

8.5  Getawaystay.co.za  shall ensure that the personal information that is collected and processed is and remains relevant to the identified purpose/s for such processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s.

8.6  If there are any alternative ways to achieve the identified purpose/s without processing personal information, Getawaystay.co.za  shall not process that personal information.

8.7  Getawaystay.co.za shall ensure that the processing activities it chooses to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s.

8.8  Getawaystay.co.za  shall ensure that, regardless of the stated purpose/s for processing personal information, the rights and interests of Users will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, it shall ensure that its own rights and/or interests justify such prejudice or infringement taking place.

8.9  Once Getawaystay.co.za  has achieved the purpose for the collection of the User’s personal information, it will destroy or delete such information, unless the User has directed otherwise in writing, or Getawaystay.co.za is required by law to retain the information for a longer period of time.

8.10  If Getawaystay.co.za  no longer needs to process personal information to achieve the purpose originally specified, it will stop using that information.

  1. DISCLOSURE AND SHARING OF PERSONAL INFORMATION

9.1  Getawaystay.co.za  may, in the course of providing any content or services on this website, or for the purposes of concluding or performing any sale or other transaction with a User, share certain personal information with third party operators who perform certain processing activities on behalf of Getawaystay.co.za

9.2  Information is shared with third party providers only under the following circumstances:

  • When required, financial processing information is shared with payment gateway providers in order to facilitate payment or payment reversals
  • Marketing information of users is shared with digital marketing providers in order to facilitate delivery of relevant digital marketing services

9.3 Getawaystay.co.za  may also share aggregated information about Users of this website and their usage patterns. Getawaystay.co.za  may also use such aggregated information to help advertisers target specific audiences. Such aggregated information will be de-identified and the User’s personal information will not be disclosed.

9.4  Other than as stated in clause 9.1 and 9.3, Getawaystay  shall not share a User’s personal information with any third parties unless it has the User’s express consent to do so.

  1. USER’S RIGHTS IN RELATION TO THE PROCESSING OF THEIR PERSONAL INFORMATION

10.1  Users shall have the following rights in relation to the processing of their personal information:

  • to access and correct any personal information held by Getawaystay.co.za about them;
  • to object to the processing of their information; and
  • to lodge a complaint with the Information Regulator.

10.2  Users may make a request in terms of clause 10.1.1 by following the process for making such a request as set out in Getawaystay.co.za’s PROATIA manual.

  1. FURTHER PROCESSING

11.1  Getawaystay.co.za shall not process a User’s personal information for any purpose not previously specified except in the following circumstances:

where the further processing is necessary for the exercise of any contractual rights or the fulfillment of any obligations between Getawaystay.co.za  and the User;where the further processing activities are linked to or compatible with the original purpose;

  • where the further processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence;
  • where the further processing is necessary to enforce any law;
  • where the further processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated;
  • where the further processing is necessary to prevent or mitigate a serious and imminent threat to the life or health of the User or another individual;
  • where the further processing is necessary for historical, statistical or research purposes.

11.2  Getawaystay.co.za  shall ensure that if it intends processing personal information for other purposes not previously specified, it shall notify the User of such further purposes and the possible consequences of the intended further processing for the User.

  1. ACCURACY, CORRECTNESS AND COMPLETENESS OF PERSONAL INFORMATION

12.1  Getawaystay.co.za  shall take reasonably practicable steps to ensure that the personal information kept by it about Users is complete, accurate, not misleading and is updated when necessary.

12.2  However, if a User is aware of any personal information in Getawaysta.co.za’s custody that is incorrect, inaccurate or which needs to be updated, the User must make a written request to Getawaystay.co.za’s information officer at admin@getawaystay.co.za  to update or correct the relevant information.

12.3  If a User has contested the accuracy of any personal information being used by Getawaystay.co.za, it shall immediately stop using that information until its accuracy has been verified.

12.4  Getawaystay.co.za reserves its right to only adhere to a request from a User in terms of clause  if the correction or updating of that information will result in the personal information being correct and accurate.

12.5  Where personal information that has been shared by Getawaystay.co.za  with a third party is subsequently updated or corrected, Getawaystay.co.za  shall ensure that all third parties, with whom that information was shared, receives the updated and/or corrected version of the information as soon as it has been updated and/or corrected.

  1. SECURITY SAFEGUARDS

13.1  Getawaystay.co.za  is committed to protecting the personal information in its custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that information.

13.2  Getawaystay.co.za  takes steps to continually identify and document any risks to the personal information it has in its possession or under its control and that appropriate security safeguards are in place against those risks.

13.3  Getawaystay.co.za  shall ensure that in any contracts entered into with third party operators who process personal information on Getawaystay.co.za’s behalf, include the following obligations:

  • the operator shall not process any personal information without Getawaystay.co.za’s knowledge and authority;
  • the operator shall treat all personal information given to it as confidential and shall not disclose it to any unauthorised third parties;
  • the operator shall establish and maintain adequate security measures which are the same or offer similar protection over the personal information as that employed by Getawaystay.co.za

13.3.4  the operator shall notify Getawaystay.co.za  immediately where there are reasonable grounds to believe that any personal information has been leaked to or accessed by any unauthorised person;

13.3.5  if the operator is situated in another country, it must comply with the data protection laws in that country and be able to provide verification that it is so compliant;

13.3.6  if an operator is legally obliged to disclose any personal information processed by them on Getawaystay.co.za’ behalf to other parties, it must notify Getawaysta.co.za  beforehand to enable Getawaystay.co.za  and/or individual Users to protect their rights if necessary.

13.4  Users must maintain the secrecy of any passwords used to gain access to this website and should change such passwords regularly.

13.5  Getawaystay.co.za  shall ensure that all personal information on its systems is properly backed-up and that back-up copies are stored separately from the live files.

  1. NOTIFICATION OF BREACH OF SECURITY

14.1  If personal information about a User is inadvertently leaked or Getawaystay.co.za’s security has been unlawfully breached by any unauthorised party, Getawaystay.co.za  shall immediately identify the relevant Users who may be affected by the security breach, and shall contact them at their last known email address or contact details or by the quickest means possible.

14.2  Getawaystay.co.za  shall provide sufficient information to the User to allow him or her to take the necessary protective measures against the potential consequences of the compromise, or shall advise Users of the steps to be taken by them and the possible consequences that may ensue from the breach for them.

  1. DECISIONS BASED ON PERSONAL INFORMATION PROCESSED

15.1  If Getawaystay.co.za  is required to make a decision about a User using any personal information that has been obtained, it shall ensure that a record of such information and the decision made is kept for a reasonable period of time to give the User an opportunity to request access to that record.

15.2  Getawaystay.co.za  shall allow a User a reasonable opportunity to make representations before any decision is made solely on the basis of the personal information processed, if that decision will affect the legal position of the User, or will otherwise adversely affect them in some manner or form.

15.3  Getawaystay.co.za shall always ensure that the underlying logic behind any decision made pursuant to the automated processing of personal information is sound and that this underlying logic can be communicated to the User to enable them to make representations.

15.4  If Getawaystay.co.za  has made a decisions based on incorrect personal information, it shall immediately revisit that decision as soon as it receive notice or becomes aware of the error or inaccuracy of that information.

  1. LINKED THIRD PARTY WEBSITES

16.1  This website may contain links or references to other websites, including those of advertisers (“third party websites“) which are not under Getawaystay.co.za’s control.

16.2  The provisions of this Privacy Notice are not applicable to third party websites and Getawaystay.co.za  shall not responsible for the information processing practices and/or privacy policies of those third party websites, or the cookies that those websites may use.

  1. DIRECT MARKETING

17.1  The User hereby consents to the processing of their personal information for the purpose of direct marketing by means of electronic communications including automatic calling machines, facsimile machines, SMS’s or electronic mail.

17.2  Where a User is a pre-existing customer of Getawaystay.co.za, Getawaystay.co.za  shall be entitled, without the User’s consent, to sending electronic communications to the User for the purpose of marketing similar products or services offered by Getawaystay.co.za.

17.3  The User may object, free of charge, and without unnecessary formality, to the use of their details either when the information was first collected from them or when each subsequent electronic communication is sent to them by Getawaystay.co.za.

17.4  The User can opt out of receiving further marketing communications by un-checking certain boxes on the forms used on the website to collect their personal information, or by contacting Getawaystay.co.za at admin@getawaystay.co.za.

  1. CHILDREN’S PERSONAL INFORMATION

Getawaystay.co.za shall not process any personal information relating to a person under the age of 18 years unless it has obtained consent from that person’s parent or legal guardian. If this website is being accessed by the parent or guardian of a child under the age of 18 years, and personal information pertaining to that child is being provided by the parent or guardian, then they hereby expressly consent to Getawaystay.co.za processing such information according to the further provisions of this Privacy Notice.

  1. CROSS BORDER TRANSFERS OF PERSONAL INFORMATION

19.1  Subject to clause 19.2, Getawaystay.co.za  does not intend sharing a User’s personal information with a third party in another country.

19.2  Getawaystay.co.za  may transfer personal information to another country in the following circumstances:

  • the transfer is necessary for the performance of a contract that Getawaystay.co.za has with the User;
  • the transfer is necessary for the implementation of pre-contractual measures taken in response to the User’s request;
  • the transfer is necessary for the conclusion or performance of a contract with a third party which is for the benefit of or in the interest of the User;
  • the transfer is otherwise for the benefit of the User; or
  • the User has consented to the transfer of their information.

19.3  If Getawaystay.co.za  is required to transfer personal information from South Africa to a third party in a foreign country, it shall ensure that the third party is subject to a law, binding code of conduct or contract which effectively upholds principles for the reasonable processing of personal information which are substantially similar to the data protection offered in the Republic of South Africa.

  1. RETENTION OF INFORMATION

20.1 Getawaystay.co.za  will keep a record of any personal information collected for no longer than is necessary to achieve the specific purpose for which it collected such information in the first place unless:

  • It is required by law to keep a record of such information for a longer period of time; or
  • It needs to keep a record of such information for another lawful purpose; or
  • It has a contractual obligation to keep a record of such information; or
  • The User has consented to their information being kept for a longer period.

20.2  Getawaystay.co.za  may, if it has de-identified personal information, kept such information for historical, statistical or research purposes. Getawaystay.co.za  shall ensure that appropriate safeguards are in place to prevent those records from being used for any other purposes, or against the information being re-identified.

  1. RETURNING, DESTROYING OR DELETING PERSONAL INFORMATION

21.1  Where Getawaystay.co.za  is no longer authorised to retain a record of any personal information, it shall either:

  • ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or
  • return the information to the User or transfer it to a third party, if requested by the User in writing to do so.
  1. CONSENT

22.1  The User hereby consents to the processing of their personal information in terms of the provisions of this Privacy Notice.

22.2  The User acknowledges and agrees that such consent has been given voluntarily after the User has read and understood the provisions of this Privacy Notice, in particular, regarding the following:

  • the types of personal information to be processed;
  • the specific processing activities to be undertaken;
  • the specific purpose/s for such processing; and
  • the possible consequences for the User that may arise from such processing.

22.3  Should a User wish to withdraw any consent previously given by the User, they must notify Getawaystay.co.za’s information officer in writing.

  1. LODGING AN OBJECTION

23.1  A User may, on reasonable grounds, object to the processing of their personal information at any time after that processing has started.

23.2  If a User wishes to object to the processing of their personal information, they must send written notice of their objection to Getawaystay.co.za’s information officer, together with their reasons for doing so.

  1. CHOICE OF LAW

This Privacy Notice shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

  1. AMENDMENT OF THIS PRIVACY NOTICE

25.1  Getawaystay.co.za  reserves the right to change, update, add, remove and/or amend any of the provisions of this Privacy Notice from time to time. Such changes, updates, additions, removals or amendments will become effective from the date of their publication on this website.

25.2  It is the User’s obligation to periodically check the provisions of this Privacy Notice for any such changes, updates, additions, removals or amendments.

25.3  The User’s continued use of this website following any changes, updates, additions, removals or amendments to this Privacy Notice will be considered notice of the User’s acceptance to abide by and be bound by this Privacy Notice, as amended.

CONTACT

For more information on your rights to privacy over your information, or the information processing activities of Getawaystay.co.za, please do not hesitate to contact us directly on admin@getawaystay.co.za or alternatively contact 060 525 9602.

TERMS OF USE

Anyone may use any information presented on this website for non-commercial purposes, subject to any specific terms of use that might appear with such information, provided that the use of such information is accompanied by an acknowledgement that Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  is the source. If the content is used on the internet, this acknowledgement must include a hyperlink back to the page where the content was sourced. If you choose to access and use any of the information made available to you on this site, you do so subject to these Website Terms and Conditions of Use and any specific terms that the owner or provider of that information has imposed on its use.

Please take note of all Website Terms and Conditions of Use. Your use of this website implies an acceptance of the Website Terms and Conditions of Use and any other specific terms and an agreement to be bound by them. In the event of a conflict between the Website Terms and Conditions of Use of this website and any specific terms applicable, and only to the extent of the conflict, the more specific term will apply.

Getawaystay.co.za (Pty) Ltd. t/a  Getawaystay.co.za  grants you a limited, revocable license to use this website subject to the Terms. The license is a personal, nontransferable, non-sublicensable, revocable license to access and use the website only as expressly permitted in these Website Terms and Conditions of Use. Except for this limited license, we do not grant you any other rights or license with respect to this website.

Unless we have granted you permission in advance and in writing, you may use the website only for your personal, non-commercial use, and not to provide services to a third party. Any person wishing to use this web site contrary to the Website Terms and Conditions of Use must obtain GETAWAYSTAY.CO.ZA’s prior written consent.

Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity and timeliness of this information. Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za assumes no liability or responsibility for any errors or omissions in the content of this site and further disclaims any liability of any nature for any loss howsoever arising in connection with using this website or any content contained herein. Furthermore Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co. reserves the right to make changes to these materials at any time without notice. If you find any inaccurate, out of date or incomplete information or material on this website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  or the owner or provider of the information to which the issue relates.

Unless otherwise stated, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this web site are the sole property of or will vest in Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  or a third party licensor. All moral rights are reserved.

Trademarks. Getawaystay.co.za (Pty) Ltd. t/a Getawaystay,co.za ’s logo and sub-logos, marks, and trade names are the trademarks of Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  and no person may use them without permission.

Any other trademark or trade name that may appear on this web site or other marketing material of Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  is the property of its respective owner.

You should independently verify any information and material on this website before relying upon it. The information and material on this website are not substitutes for the exercise of professional judgment. If you are not qualified or experienced enough to make that judgment, you should take professional advice or contact the relevant information owner or provider for further information and advice.

Hyperlinks to other websites are provided as a convenience only, and imply neither responsibility for, nor approval of, the information contained in those other web sites on the part of GETAWAYSTAY.CO.ZA. Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  makes no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics and hyperlinks.Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of this website or any information or material on it, or your inability to use it (whether that loss is direct or indirect).

While Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  makes every effort to ensure that any executable material available to be downloaded from GETAWAYSTAY.CO.ZA”s websiteis free of any virus, it cannot guarantee that the material is free from any or all viruses. Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  is not responsible for any loss or damage howsoever caused by the executable material and potentially malicious code contained therein.

You are responsible for ensuring that your computer systems are suitable to access and use this website. You are responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.

The collection and retention of personal information by Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  through its website and through the registration process is subject to the terms of the Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  Privacy Policy currently in force and available for review on this website.

Restrictions on Use of Website:

Framing. No person, business, or website may frame this website or any of the pages on this website, or use any other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website;

Linking. We prohibit “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  or suggests you are the owner of any intellectual property belonging to GETAWAYSTAY.CO.ZA.

Spiders and Crawlers. No person, business, or web site may use any technology (including spiders or crawlers) to search and gain any information from this website.

You specifically may not:

  • Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the content in any form whatsoever;
  • Modify, translate into any language or computer language, or create derivative works from, any content or any part of this website;
  • Reverse engineer any part of this website;
  • Use the website other than to make legitimate reservations or bookings;
  • Use the website to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
  • Disguise the information transmitted through the website;
  • Sell, offer for sale, transfer, or license any portion of the website in any form to any third parties;
  • Use or access the website in any way that, in our reasonable judgment, adversely affects the performance or function of the website, or any other computer systems or networks used by SafariNow.com (Pty) Ltd. t/a StayNow.com other website users;
  • Upload or transmit to the website or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our website, or appropriate the website or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
  • Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our website, or take any action that impose an unreasonable load on our equipment; or
  • disguise the origin of the information transmitted through the website.

All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law by Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  and the information owners and providers.

If the use of any information or material on this website is unlawful in any jurisdiction (because of your nationality, residence or for some other reason), that information or material is not offered. If you are outside the Republic of South Africa you must satisfy yourself that you are lawfully able to use any such information and materials. We accept no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any information or materials by anyone outside the Republic of South Africa.

No delay, neglect or forbearance on the part of Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za in enforcing any of their rights under the Website Terms and Conditions of Use will be, or be deemed to be, a waiver and it will not prejudice any right of GETAWAYSTAY.CO.ZA.

If any of the Website Terms and Conditions of Use is held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will be deemed to be severable and will not affect the remainder of the Website Terms and Conditions of Use which will continue to be of full force and effect.

All conditions and terms of use contained in this website are governed by South African law and you agree to submit to the non-exclusive jurisdiction of the courts of South Africa.

No addition to or modification of any provision of these Website Terms and Conditions of Use will be binding on Getawaystay.co.za (Pty) Ltd. t/a Getawaystay.co.za  unless made in writing and signed by their duly authorised representatives.

Getawaystay.co.za (Pty) Ltd. t/aGetawaystay.co.za  may modify, suspend, or discontinue providing this web site (with or without notice) and will not be liable.

 

PAYMENT SERVICES TERMS & CONDITIONS

 

Detailed description of goods and/or services

Getawaystay.co.za (Pty) Ltd. t/aGetawaystay.co.za is a business in the accommodation industry that provides users online service for booking .

 

Delivery policy

Subject to availability and receipt of payment, requests will be processed within 3 days and delivery confirmed by way of email and booking reference number .

(for e.g. booking number / booking voucher etc. and must mention the use of courier and/or postal services and associated costs, if applicable.)

 

Return and Refunds policy

The provision of goods and services by (Getawaystay.co.za (Pty) Ltd. t/aGetawaystay.co.za is subject to availability. In cases of unavailability, Getawaystay.co.za (Pty) Ltd. t/aGetawaystay.co.za will refund the client

in full within 30 days. Cancellation of orders by the client will attract a 1,5 % administration fee.

(If appropriate – provide details of your policy regarding damaged goods. Also mention guarantees, warranties, etc.)

 

Customer Privacy policy

Getawaystay.co.za (Pty) Ltd. t/aGetawaystay.co.za shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

 

Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Getawaystay.co.za (Pty) Ltd. t/aGetawaystay.co.za bank account, the details of which will be provided on request.

 

Card acquiring and security

Card transactions will be acquired for Getawaystay.co.za (Pty) Ltd. t/aGetawaystay.co.za via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

 

Customer details separate from card details

Customer details will be stored by Getawaystay.co.za (Pty) Ltd. t/aGetawaystay.co.zaseparately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

 

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

 

Responsibility

Getawaystay.co.za (Pty) Ltd. t/aGetawaystay.co.za takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

 

Country of domicile

This website is governed by the laws of South Africa and (Your Company) chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Getawaystay.

 

Variation

Getawaystay.co.za (Pty) Ltd. t/aGetawaystay.co.za may, in its sole discretion, change this agreement or any part thereof at any time without notice.

 

Company information

This website is run by Tanya Steyn (sole trader) based in South Africa trading as

Getawaystay and with registration number 2016/399345/07 and Tanya Steyn (Owner).

 

 

(Your Company) contact details

Company Physical Address: Seringlaan 20, Bothaville, 9660

Email: admin@getawaystay. co.za     Telephone: 060 525 9602

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