Privacy Policy

1 INTRODUCTION

1.1 This Privacy Policy, together with our Booking Terms and Conditions https://naturalselection.travel/ sets out the basis on which any Personal Information (as defined in paragraph 2.2 below) that we collect from you, or that you provide to us, will be used, stored and processed by us. This Privacy Policy also provides certain information that is legally required and lists your rights in relation to your Personal Information.

1.2 All references to “Natural Selection”, “we”, “us”, or “our” refers to Natural Selection Safaris (Pty) Ltd, a limited liability private company incorporated in accordance with the laws of the Republic of South Africa, with the registration number 2014/248386/07, with our registered office’s address at Unit E Cirtech House, Stibritz Street, West Lake Business Park, 7945.

1.3 We are the “responsible party” of applicable data protection legislation such as the Protection of Personal Information Act, 2013 (and “controller” to the extent that the EU General Data Protection Regulation applies) in respect of all Personal Information you submit to us via the website: https://naturalselection.travel/ and other related URLs, social media channels, Agent Zone Portal and/or any ancillary services (“Website”) and/or in any correspondence and/or communication with us. Please see paragraph 9 below as it deals with Personal Information you submit to third-parties.

1.4 “You” means customer or potential customer, individuals who browse our Website or individuals outside of our organisation with whom we interact. If you are an employee, contractor or otherwise engaged in work for us or applying to work for us, a separate privacy policy applies to you.

1.5 This Privacy Policy may vary from time to time so please check it regularly. This policy was last updated on 06 December 2018.

1.6 We operate within the travel and tourism industry. We provide safari accommodation and related services within Southern Africa including arranging leisure travel experiences and arranging and providing transfer services (our “Services”).

1.7 We recognize the importance of protecting your privacy in respect of Personal Information collected by us when you use the Website.

2 INFORMATION WE MAY COLLECT FROM YOU

2.1 When you use the Website, we may collect certain information that is not Personal Information (see paragraph 7.1 below), such as your IP address, operating system, browser type, and Internet service provider. This type of information does not identify you personally.

2.2 When you register on the Website, we may also collect Personal Information that you provide to us. For purposes of this Privacy Policy “Personal Information” shall mean any information of a personal nature by which you can be identified as an individual such as your name, postal address, email address, telephone number, home country, postal code, your fax number, gender, age, and/or financial details.

2.3 In particular, we may collect, process and store the following information (which may include Personal Information) about you –

2.3.1 information that you provide by filling in forms on the Website. This includes information provided when subscribing to our Services (which may include financial information such as your banking details, posting material or requests for further services);

2.3.2 the date and time, country of the Device from which you connect to our Website;

2.3.3 information that we may ask you for if you enter any promotion featured on our Website or if you report a problem with our Website and/or our Services;

2.3.4 details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise) and the resources that you access; and

2.3.5 if you contact us, we may keep a record of that correspondence;

2.3.6 details of transactions you carry out through our Website and of the fulfillment of any contract you enter into with us; and

2.3.7 details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs, and other communication data, whether this is required for our own billing purposes or otherwise) and the resources that you access.

2.4 We may also ask you to complete surveys that we use for research and forecasting purposes, although you do not have to respond to them.

2.5 The supply of your Personal Information is voluntary; however, you acknowledge that we cannot make certain Services available to you on the Website if you do not wish to supply such Personal Information.

2.6 We may use a third-party payment processing company for any financial transactions, which may, in some instances, store your information, including the Personal Information you submit to such third parties.

2.7 By continuing to use the Website or the Services, you consent to processing, collection, storage, retention and use of the Personal Information you provide for any of the Services that we offer and for the purposes set out in this Privacy Policy. You also consent to our collection of any changes or updates that you may provide to any information you provide to us. If you do not agree to the Privacy Policy, please do not use the Website. We shall only store your Personal Information for as long as is necessary to fulfill the purpose for which the information was collected and/or processed or for as long as is required by law.

2.8 Where you provide us with Personal Information relating to a third-party data subject (for example, other guests, family members including children), you warrant that you have obtained all necessary consents from such data subject, including the data subject’s consent for you to share such Personal Information with Natural Selection to process on their behalf. We shall protect, store and process this Personal Information in the same manner and with an equal level of security as Personal Information about you.

3 HOW YOUR INFORMATION IS USED AND DISCLOSED

3.1 We may use the information, including the Personal Information we hold about you for the following purposes –

3.1.1 to verify and keep a record of your identity and details including account information and your previous correspondence and bookings with us;

3.1.2 to ensure that the content from our Website is presented in the most effective manner for you and for your Device;

3.1.3 to conduct payments and transactions where applicable;

3.1.4 to monitor and analyse your visits, including to reduce the likelihood of fraud and/or security breaches on the Website and other risk-prevention purposes;

3.1.5 in aggregate form, for internal business purposes such as generating statistics and developing our strategic and marketing plans;

3.1.6 to provide you with information on our Services and Website that you have requested from us;

3.1.7 to market our products and Services which we feel may interest you, where you have consented to be contacted for such purposes;

3.1.8 to carry out statistical and marketing research to identify potential markets and trends;

3.1.9 to allow you to participate in any interactive features of our services when you choose to do so;

3.1.10 to carry out any contracts that may form between us;

3.1.11 to respond to any queries, you make; and

3.1.12 to notify you about changes to our Service;

3.1.13 to develop new products and services;

3.1.14 to notify you of amounts payable for security, administrative or legal purposes, and/or for helping us in any future dealings with you; and

3.1.15 to identify your nationality, activity preferences, age, camp visits, etc.

3.2 We may use information provided by you to –

3.2.1 enforce agreements and Booking Terms and Conditions between us, monitor user activity, such as keyword searches and more effectively manage traffic on the Website;

3.2.2 provide customer services, and

3.2.3 assist you with technical difficulties.

3.3 Also, we may share with third-party service providers certain information, such as your browser capabilities or operating system, that we have collected to better understand which advertisements and services may interest you.

3.4 We will not use your Personal Information for any purpose (other than as stated above) without your express consent. We will not use or disclose your Personal Information to third parties without your consent unless the use or disclosure is –

3.4.1 required to comply with applicable law, order of court or legal process served on Natural Selection; and/or

3.4.2 disclosure is necessary to protect and defend the rights or property of Natural Selection.

3.5 We will be entitled to disclose your Personal Information to our shareholders, affiliates, and subsidiaries including Natural Selection Safaris (Pty) Ltd, a limited liability private company incorporated in accordance with the laws of the Republic of Namibia, under the registration number 2014/0319, with our registered address at 128 Sixth Street, Walvis Bay, Namibia, agents, investors, potential investors, advisors, employees, legal and regulatory authorities and/or third-party service providers and suppliers based within South Africa, Namibia, Botswana and the USA who assist us to interact with you via our Website, mobile communications and/or email, and thus need to know your Personal Information in order to assist us to communicate with you properly and efficiently. We will ensure that all personnel having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your Personal Information.

3.6 Your information may be hosted and shared with organizations located in other countries around the world, including the USA. We will only transfer data overseas where we are satisfied that adequate levels of protection are in place to protect any information held in that country or that the service provider acts at all times in compliance with any applicable privacy laws. Where required under applicable laws we will take measures to ensure that Personal Information handled in other countries will receive at least the same level of protection as it is given in this Privacy Policy.

3.7 On rare occasions, we may be required to disclose your Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your Personal Information as required to comply with our legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements or discovery requests.

3.8 We may also disclose information about our users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce this Privacy Policy, respond to claims that any content violates the rights of third parties; or protect our legitimate interest and/or the rights, property, or our personal safety or the personal safety of our users or the general public.

3.9 We process your Personal Information on the basis of your consent, where the processing is necessary for the performance of a contract which you are a party to, where the processing is necessary for the purpose of our or a third party’s legitimate interest where your interests do not override this legitimate interest and where the processing is necessary to comply with a legal obligation.

4 PROTECTION OF YOUR PERSONAL INFORMATION

4.1 You are a valued customer and website visitor, and we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the Personal Information you provide in a variety of ways.

4.2 We will –

4.2.1 treat your Personal Information as strictly confidential;

4.2.2 take appropriate technical and organizational measures to ensure that your Personal Information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

4.2.3 promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;

4.2.4 provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request; and

4.2.5 upon your request, promptly return or destroy any and all of your Personal Information in our possession or control.

4.3 We will not retain your Personal Information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

5 SPECIAL CATEGORIES OF INFORMATION

5.1 In addition, we may process special categories of Personal Information in certain ways. We set out below the purposes for which we may process these special categories of Personal Information:

5.1.1 Personal Information of children under the ages of 18 years old;

5.1.2 health information, for example, any special dietary preferences, allergies, special assistance required;

5.1.3 your religion where you voluntarily disclose it to us and require that we make special arrangements on your behalf, for example, to comply with religious dietary requirements;

5.1.4 your weight/s for the purpose of air flight requirements

5.2 We will always attempt to minimise the amount of special categories of Personal Information that we processed unless there is a specific lawful reason.

5.3 You give your explicit consent to us processing the above special categories of Personal Information, which you can withdraw at any time and/or acknowledge that it may be necessary for the performance of a contract between us.

6 STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION

6.1 We will do our best to protect your Personal Information, and we will use technology that will help us to do this, however, the transmission of information via the Internet is not completely secure and we cannot guarantee the security of your information transmitted to our Website. Any transmission of your information to our Website is entirely at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

6.2 Where we have given you (or where you have chosen) a password and login details which enables you to access certain parts of our Website, you are responsible for keeping that password confidential. Please do not share your password with anyone. We will not be liable for security breach arising out of you sharing your password and login details.

6.3 We may, from time to time, transfer, store or host your Personal Information on servers outside of South Africa. The Website is currently hosted within the United States of America. We will at all times ensure that appropriate security safeguards are in place to secure and such personal information held in another country or that the service provider acts at all times in compliance with applicable privacy laws. Where required under applicable laws we will take measures to ensure that Personal Information handled in other countries will receive at least the same level of protection as it is given in this Privacy Policy.

7 COOKIES AND OTHER INFORMATION

7.1 We may collect information about your Device, including where available operating system, browser type, third-party software installed on your Device, installation and uninstallation rates, the language of your Device and computers manufacturer, screen size and model of the Device and any other technical information for system administration and to report aggregate information to our advertisers.

7.2 This is statistical data about our users’ browsing actions and patterns and does not identify any individual.

7.3 We may use cookies to manage our users’ sessions and to store preferences, tracking information, and language selection. Cookies may be used whether you register with us or not. “Cookies” are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a Cookie collects include the date and time you visited the Website, your browsing history, your preferences, and your username.

7.4 In some instances, our third-party service providers may use Cookies on the Website. We cannot control, or access Cookies used by third-party service providers. This Privacy Policy covers only Cookies used by us and not any Cookies used by third parties.

7.5 Cookies enable us to –

7.5.1 estimate our Website’s audience size and usage pattern;

7.5.2 store information about your preferences, which allows us to customize the Website according to your individual interests;

7.5.3 speed up your searches; and

7.5.4 recognize you when you return to the Website.

7.6 You have the ability to either accept or decline the use of Cookies on your computer, whether you are registered with us or not. Typically, you can configure your browser to not accept Cookies. However, declining the use of Cookies may limit your access to certain features of the Website. For example, you may have difficulty logging in or using certain interactive features of the Website.

8 ACCURACY OF YOUR PERSONAL INFORMATION

It is important that the Personal Information we hold about you is accurate and current and we take all reasonable precautions to ensure that this is the case but we do not undertake to check or verify the accuracy of Personal Information provided by you. Please keep us informed if your Personal Information changes during your relationship with us either by logging onto an account on the Website or by contacting us. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete Personal Information that you provide to us.

9 THIRD PARTIES

9.1 We may use third-party service providers to process purchases you make and to monitor our users’ interests. In addition, the Website may occasionally contain links to third-party websites. If you click on the links to third-party websites, you leave the Website.

9.2 We are not responsible for the content of these third-party websites or for the security of your Personal Information when you use the third-party websites. These third-party service providers and third-party websites may have their own privacy policies governing the storage and retention of your Personal Information that you may be subject to. They may also collect information that is not Personal Information such as your browser specification, or operating system.

9.3 This Privacy Policy does not govern Personal Information provided to, stored on, or used by these third-party providers and third-party websites. We recommend that when you enter a third party’s website, you review its privacy policy as it relates to how such third parties collect, process, store and protect your Personal Information.

9.4 You agree that we are not liable for any of the following –

9.4.1 the content, security, operation, use, accuracy or completeness of any such third-party websites; or the products or services that may be offered or obtained through them; or the accuracy, completeness, or reliability of any information obtained from a third-party website;

9.4.2 the ownership or right of use of any licensor of any software provided through any third-party website;

9.4.3 any content featured on third-party websites that are accessed through the links found on the Website;

9.4.4 any failure or problem that affects the products or services of a third-party website, for example, any telecommunication service provider, internet service provider, or other authority.

10 GENERAL

10.1 You warrant that all information (including Personal Information) that you provide to us is accurate, truthful and current information, and does not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Failure to adhere to this requirement will entitle Natural Selection inter alia, to terminate your use of the Website and/or Services.

10.2 You may request access to the Personal Information which we collect from you, including to rectify the information, or object to its processing by sending an email to us at Enquiry@naturalselection.travel.You also have the right to lodge a complaint with the relevant information regulator if you think we are in breach of any applicable data protection legislation.

10.3 We shall also remove any Personal Information without due delay to extent that the collection and processing of the Personal Information was based on your withdrawn consent or where you have objected to the processing, unless another legal basis for processing and retaining this Personal Information exists or unless applicable law requires us to retain the data.

10.4 You may access, remove, review, and/or make changes to Personal Information that you have provided to us. If you register, we may send you certain notifications, advertisements, promotions, and specials. We may also send you any legally required notifications and other notifications, including but not limited to, service-related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Website. You can opt out of e-mail communications from us, including our marketing and promotional communications.

10.5 If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Protection of Personal Information Act, 2013 (“POPI”) or other data protection legislation it is not intended that any provision of this Privacy Policy contravenes any provision of POPI or other data protection legislation. Therefore, all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of POPI or other data protection legislation are complied with.

10.6 To the extent that you are based within the European Union and/or our interactions fall within the EU General Data Protection Regulation (“GDPR”), we undertake to process your Personal Information in line with the GDPR.

11 YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION

11.1 Subject to applicable law including relevant data protection laws, in addition to your ability to withdraw any consent you have given to our processing your Personal Information, you may have a number of rights in connection with the processing of your Personal Information, including:

11.1.1 the right to request access to your Personal Information that we process or control;

11.1.2 the right to request rectification of any inaccuracies in your Personal Information or, taking into account the purposes of our processing, to request that incomplete information is completed;

11.1.3 the right to request, on legitimate grounds as specified in law erasure of your Personal Information that we process or control;

11.1.4 the right to the restriction of processing of your Personal Information that we process or control;

11.1.5 the right to object, on legitimate grounds as specified in law, to the processing of your Personal Information;

11.1.6 the right to receive your Personal Information in a structured, commonly used format and to have your Personal Information transferred to another controller to the extent applicable in law; and

11.1.7 the right to lodge complaints regarding the processing of your Personal Information with the relevant data protection regulator.

11.2 If you would like to exercise any of the rights set out above, please contact us using the contact details set out below.

12 NOTIFICATION OF CHANGES

We reserve the right to change this Privacy Policy from time to time, and in our sole discretion. We may send you a notice regarding material changes to this Privacy Policy, but we encourage you to frequently check this Privacy Policy for any changes. Your continued use of the Website after any change in this Privacy Policy will constitute your acceptance of such changes.

13 DATA CONTROLLER AND CONTACT DETAILS

13.1 If you have questions about this Privacy Policy or want to contact us about the processing of your Personal Information including correcting your Personal Information or if you want to opt out from receiving marketing material that you previously consented to, please contact us on Enquiry@naturalselection.travel.

13.2 Our Data Protection Officer can be contacted at Enquiry@naturalselection.travel.