Welcome to the Disfruta website (including all webpages, subdomains and subparts therein contained) (“the Website”) owned and operated by Disfruta Tours (Pty) Ltd, its affiliates, agents and licensors (collectively “Disfruta“, “we“, “us” and/or “our“). Disfruta is deemed to be a responsible party in terms of the Protection of Personal Information Act 4 of 2013, as amended, consolidated or re-enacted from time to time, and includes all schedules and regulations thereto (“the POPI Act”), and Disfruta is obliged to comply with the provisions of the POPI Act. This Privacy Policy sets forth our policy with respect to the information, including personally identifiable information (“Personal Information“), which is collected from users (“the User”, “you” or “your“). Personal Information may include any of the following –
information relating to race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of a person;
information relating to the education or the medical financial, criminal or employment history of the person;
any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
the biometric information of the person;
the personal opinions, views of preferences of the person;
correspondence sent by a person that is implicitly or explicitly of a private or confidential nature of further correspondence that would reveal the contents of the original correspondence;
the views or opinions of another individual about a person; and
the name of a person if it appears with other personal information relating to a person or if the disclosure of the name itself would revel information about the person. Disfruta recognizes and respects the importance of maintaining the privacy of your Personal Information and established this Privacy Policy as a result. Please read this Privacy Policy carefully as it includes important information regarding your Personal Information. This Privacy Policy is incorporated into our Website Terms and Conditions and governs your use of the Website and/or any transactions concluded with Disfruta. The Terms and Conditions can be found be on our Website. If you have any questions or concerns, please do not hesitate to contact us at the “Company Information” as provided below. THE INFORMATION WE COLLECT
Personal Information You do not have to give us personally identifiable information (“Personal Information”) in order to visit our Website, however, on the Website, you may be able to view advertisements, respond via email with queries and/or requests. Personal Information shall be provided upon booking a tour. As a result of those actions, you may supply us with information such as your name, surname, email, phone number address, fitness level and/or sporting history. If we collect Personal Information from you, you are giving us permission to use that information for the specific purpose as set out in our Terms and Conditions for which it is provided.
Non-Personal Information When you interact with the Website, we automatically collect certain personally non-identifiable information (“Non-Personal Information“). The Non-Personal Information we collect includes without limitation, your Internet Protocol (“IP”) address, domain name of your internet service provider, your approximate geographic location, a record of the Site pages that you visit, the time of your visits and aggregated Personal Information that cannot be used to specifically identify you. Such information, which is collected passively using various technologies is strictly for statistical purposes and to determine the visitor traffic patterns through the Website and cannot, in and of itself, be used to specifically identify you.
Cookies In operating the Website, we use a technology called “Cookies.” Cookies are small text files that provide Non-Personal Information to us regarding the visitors to our Website. Our Cookies provide additional functionality to the Website and assists in personalising your online experience. It further helps us analyse the Website usage more accurately and allows us to gauge the areas that are of the most interest to our visitors.
Aggregated Personal Information In an on-going effort to better understand and serve the users of the Website, Disfruta often conducts researches on its customer demographics, interests and behaviour based on Personal Information and other information that it collects. This research may be compiled and analysed on an aggregate basis and this aggregate information is strictly for statistical purposes and does not identify you personally and therefore is considered and treated as Non-Personal Information under this Privacy Policy. OUR DISCLOSURE OF INFORMATION THAT WE COLLECT Disfruta is not in the business of selling or supplying your Personal Information to any third parties. We consider this information to be required to enable us to provide the services offered to the Users. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Information with certain third parties without your consent, as set forth below:
Business Transfers In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets. We may also share your Personal Information with our subsidiaries and/or affiliates for purposes consistent with this Privacy Policy and legislation regulating the use of personal information. Our subsidiaries and affiliates will be bound to maintain that Personal Information in accordance with this Privacy Policy.
Agents, Consultants and Related Third Parties Disfruta sometimes engages other companies to perform certain administrative and/or business-related functions which, inter alia, include maintaining the database and communications network and processing and facilitating payments. When we engage another company to perform such functions, we may provide them with information, including your Personal Information, in connection with their performance of such functions.
Legal Requirements Disfruta may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect and defend the rights or property of Disfruta, or (iii) to protect Disfruta against legal liability.
Non-Personal Information As Non-Personal Information cannot be used to personally identify you, Disfruta may disclose, transfer or share Non-Personal Information for any lawful purpose. HOW TO PROTECT THE INFORMATION WE COLLECT Disfruta has put in place certain measures to ensure the security of the Personal Information we collect and to secure the correct use thereof. These measures are appropriate to the nature of the information provided to us and prevent unauthorised access. We take reasonable steps to ensure the reliability of our own staff and ensure that any person who processes information on our behalf reaches the same high standards that we set ourselves and limit their access to your Personal Information to what is necessary in order for them to perform their responsibilities. The Website, Disfruta’s email accounts and database, in which all personal information will be stored, will be hosted in the Cloud by Xneelo, a hosting Provider. Disfruta will also hold the Personal Information through a secure Cloud storage provider. We will ask for your express permission before we use your Personal Information for any purpose not disclosed above. Disfruta takes what it believes to be reasonable steps to protect the Personal Information provided via the Website from loss, misuse, unauthorised access, inadvertent disclosure, alteration, and destruction. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Website and any such transmission is at your own risk. REQUEST FOR ACCESS FOR PERSONAL INFORMATION The User shall, having provided adequate proof of his/her identity, be entitled to –
submit a request in writing to Disfruta to confirm, free of charge, whether or not Disfruta holds Personal Information about such User; and
request from Disfruta the record or a description of the Personal Information about the User held by Disfruta, including Personal Information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information at a reasonable fee charged by Disfruta within a reasonable time from the date of receipt of such request. PRIVACY LAWS Use of the Website and any electronic transaction concluded with Disfruta are governed by the laws of the Republic of South Africa. If the User accesses this Website from locations outside of the Republic of South Africa, that User is responsible for compliance with all local laws. CHANGES TO PRIVACY POLICY The Website and/or any other information displayed on the Website may change from time to time. As a result, at times it may be necessary for Disfruta to make changes to the Website and this Privacy Policy. Disfruta reserves the right to update or modify its Website and this Privacy Policy at any time and without prior notice to you. Please review this Privacy Policy periodically and especially before you provide any Personal Information to us. Your continued use of the Website, after any changes or revisions thereto or to this Privacy Policy, shall indicate your agreement with the terms of such revised Privacy Policy. HYPERLINKS Our Website may contain links to and from the websites of our advertisers and/or affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please familiarise yourself with these policies before you submit any Personal Information to these websites. CONTACT US Please feel free to contact us if you have any queries regarding Disfruta’s Privacy Policy. We confirm our contact details are as follows: