Falke receives various types of information (“the Information”) from you when you access the website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in Section 1 of the Electronic Communications and Transactions Act, (“ECTA”), Act 25 of 2002 (hereinafter referred to as “Personal Information”).
In terms of the Protection of Personal Information Act, (“POPI”), Act 4 of 2013, and more specifically sections 3 and 5 of POPI, you have certain rights in respect of the Personal Information. Falke encourages you to read and understand your rights for the purposes of this Act.
It is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. The Falke will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Falke through the Internet, or that you expressly or implicitly authorise the Falke to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and polices of Falke, you are urged to take care to read and understand the underlying privacy clauses:
- Casual Surfing: You may visit the website without providing any personal information. You accordingly hereby grant express written permission for the website servers in such instances collecting the IP address of the User computer, but not the e-mail address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the website, and pages viewed, etc. Falke uses this information to determine use of the website, and to improve content thereon. Falke assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
- Unsolicited Information: If you post unsolicited content or other information (“the Information”) to the website, and unless otherwise indicated, then you grant to the Falke a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. You grant to the Falke the right to use the name that you submit in connection with such Information, if they choose. You warrant that you own or otherwise control all of the rights to the Information that you post; that the Information is accurate; that by the supply of the Information to Falke, you do not violate this Policy and do not infringe the rights of any person or entity; and that you indemnify the Falke for all claims resulting from the receipt by Falke of the Information you supply to it. Falke reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages. Falke takes no responsibility, and assumes no liability for any Information posted by you or any third party.
- Solicited Information: You give to Falke Falke requires certain Personal Information necessary to process transactions if you require any of Falke’s products or services. Falke receives and stores all Information, including Personal Information which you enter on the website or give to Falke, in any other way. You may choose not to provide certain Personal Information, but that may limit the services or products that you may wish to obtain from Falke. Falke provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by you from the license below, you hereby and when entering into the specific transactions in question expressly grant in writing to the Falke a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media for any purpose whatsoever. Your Information that is required by affiliates and subsidiaries to give effect to transactions that you choose to enter into, is shared with those entities.
- Promotional Information: Falke aspires to provide first-class service to its customers, which necessitates Falke providing information to you regarding new services or special offers. In each instance, you are provided an opportunity to opt-out of such information circulars. For more information, please call +27 21 410 7100, or send an e-mail to email@example.com.
- Business Transfers: Falke may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.
- Lawful Purposes: When Falke is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so. Falke may also impart Personal Information if permitted or required to do so by law, or to protect and defend the rights or property of Falke, and for the purposes of distributing same to various third parties who are involved in the provision of the services provided in accordance with these Terms and Conditions.
- Storage: The time periods for which we keep your personal information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the personal information was collected or for which it is to be processed.
- Interception: Subject to the Regulation of Interception of Communications Act (“RICA”), Act no. 70 of 2002, you agree that Falke may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to Falke, its employees, directors and agents. You agree that your consent satisfies the requirements of ECTA and RICA for consent in “writing” as defined.
- Surveys and Statistical Profiles:
- Falke understands that efficiency and customer care translates to good service. Falke may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Falke will inform you how the information gathered will be used, and will provide you with the opportunity to opt-out from such surveys. Notwithstanding the foregoing, Falke may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including you, by a third party.
- Falke may collect network or traffic data related to your use and access to our services. Such data would include, but not be limited to, time spent using our services. We may also use some of this information for research, segmentation of our customer base, marketing our services and to understand and keep you informed.
IP addresses and Cookies
Falke may electronically collect, store and use Personal Information, including but not limited to, name, contact details, surfing patterns, e-mail, and IP addresses.
When you visit the website or mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant information. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the website or mobile application located in your account settings or in your mobile phone settings.
Uses, storage of personal information
We may use your information to confirm that your booking has been received; to validate you as a guest when using our services and calling us; to prevent and detect criminal activity, fraud and misuse of or damage to our services or network; to prosecute those responsible and to contact you to invite you to form part of our customer panel or various research groups.
We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, credit scoring and improving business efficiencies.
We may use personal information collected about you to contact you by post, telephone and electronic mail (that is e-mail, picture, video and short message service) about functionality changes to our website, services or changes to our terms and conditions of use and to communicate with you regarding the use of our services.
We may use the information collected about you to contact you by post or telephone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.
Subject to your preferences in respect of each of our services, selected third parties may use the personal information collected about you to contact you about information that you might find interesting.
Access to Information
You have the right to access information that we hold about you.