OUR PRIVACY STATEMENT – POPIA MANUAL
DEFINITIONS:
We, us and our –
refers to Xplor Africa Now (Pty) Ltd, a website operated business operating in the Republic of South Africa, registrated in terms of company law with registration number 2021/775072/07. The principle place of business is situated at 330 Snowy Walker Street, Garsfontein, Pretoria. The company’s main business is to list travel related companies in an online directory for advertising purposes.
You and your –
refers to you as the client, in your personal capacity, as well as the company that you represent. It also refers to juristic persons with which we close agreements with.
Your personal information –
refers to personal information about you, your company, your employees and any other information pertaining to the mandate given to us by you, as the customer of Xplor Africa Now (Pty) Ltd.
Process information –
means the automated or manual activity of collecting, recording, organising, storing, updating, distributing and removing or deleting personal information.
Competent person –
means anyone who is legally competent to consent to any action or decision being taken for any matter concerning him/ herself or the company that they represent.
Purpose of this Privacy Statement
When you engage with us, you trust us with personal information about yourself, your company and your customers to the extent that we need it to perform the services that you have contracted us for. We are committed to protect your right to privacy. We will take all reasonable steps to keep the personal information safe and confidential. The purpose of this Privacy Statement is to set out how we collect, use, share and otherwise process personal information, in line with the Protection of Personal Information Act. (“POPIA”).
Indemnification
Each party accepts responsibility to the extent that the processing activities of personal information fall under the control of that party and agrees to indemnify the other party against any loss or damage direct, or indirect, that a party should suffer because of any unauthorised use of information, but only if the processing of that information is controlled by that party.
Website Visitors
Like most website operators, Xplor Africa Now collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Xplor Africa Now’s purpose in collecting non-personally identifying information is to better understand how Xplor Africa visitors use its website. From time to time, Xplor Africa Now may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Xplor Africa Now also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://aviation-mood.com/ blog posts. Xplor Africa Now only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information.
Acceptance is voluntary
You have the right to object to the processing of the personal information. It is voluntary to accept these terms and conditions. However, we require your acceptance to provide you with our services. We will only collect and process personal information for valid and lawful reasons and for reasons as set out in this Privacy Statement. The acceptance of these terms and conditions and the permission given to process the personal information, will continue after death.
We keep personal information confidential
We will keep personal information confidential. We receive this said information directly from you as the responsible person for your company. If you share your information with any third party, we will not be responsible for any loss that you may suffer. All the third parties that we share the information with will be listed in this privacy statement. All of those third parties are also in compliance with the POPI Act. We also undertake to destroy your personal information once it is no longer needed for the purpose as set out in our Privacy Statement. We do not keep any hard copies of information at all.
Security
The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Authority to act for other people
You warrant that when you give us personal information about third parties, that you have received their permission to share their information with you. You understand that when you include your third parties in the mandate, we will process their information as well, as part of the services that you have contracted us for. We will furthermore process their information for the purposes set out in this Privacy Statement and only as set out in the Privacy Statement.
Purpose for processing your personal information
You agree that we may process your personal information, as well as the information of your employees for the following purposes:
- To use your details to list your company on our directory for advertising purposes.
- For accounting purposes.
- For tax purposes.
- To comply with any other reasonable mandate given to you by us, which falls within the purpose of our company.
Sharing personal information with third parties
Xplor Africa Now will not disclose your information to any unauthorised third party. You are consenting to us using your information on our directory for advertising purposes.
By agreeing to this, you confirm that you have given permission for your personal information to be shared to possible third parties, as set out above. Only the bare necessary information will be provided to any third parties. We trust these companies and have a working relationship with them. They have all complied in writing with POPIA as well.
You also agree to indemnify us against any loss or damage, direct or indirect, that you or your employees might suffer because of the unauthorised use of this information by any of the third parties mentioned above.
If a third party asks us for your personal information, we will share it with them only if:
- You have already given your consent for the disclosure of this information to that particular third party.
- Third parties that we contract with to provide mandated services to you.
- Any person or organisation that has a legal right to access the information, for example regulators.
Right to communicate electronically
We have the right to communicate electronically with you regarding any aspects of your mandated process. We have to be able to update you on the progress of your mandate with us and any information relating thereto.
Duty to keep you informed
We have a duty to keep you informed about the progress of your mandate, as well as any matters that could affect the services that we have agreed upon. We also confirm that we would report any breach of the POPI Act to you and the Regulator, if such a breach occurs. The Regulator will then launch an investigation into the breach.
Marketing
Xplor Africa Now uses remarketing services to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.
You can set preferences for how Google advertises to you using the Google Ad Preferences page. You are always free to opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
Xplor Africa Now also uses e-mail or sms messages to market our product to our current clients, as well as previous visitors to our site. You can opt out of receiving marketing material at any stage.
E-commerce
Those who engage in transactions with Xplor Africa Now are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Xplor Africa Now collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with our site. Visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
The following are laws that require us to collect and keep your personal information:
- The Electronic Communications and Transaction Act (ECT)
- The Financial Intelligence Centre Act (FICA)
- The Financial Advisory and Intermediary Services Act (FAIS)
- The National Credit Act (NCA)
- The Consumer Protection Act (CPA)
Changing this privacy statement
We may change this privacy statement at any time. The most updated version will always be available on our website, www.xplor.africa .
Concerns
If you believe that we have used your information contrary to the Privacy Statement, you must first attempt to resolve the matter with us. You can contact us on s@xplor.africa.
If you are not satisfied after this process, you have the right to lodge a complaint with the Information Regulator, under POPIA.
The contact details are:
The Information Regulator (South Africa)
33 Hoofd Street
Forum III, 3rd Floor Braampark
PO Box 31533
Braamfontein
Johannesburg, 2017
Complaints e-mail: complaints.IR@justice.gov.za