This Privacy Policy forms part of our TERMS AND CONDITIONS AND ALSO APPLIES TO ANY PERSONAL INFORMATION THAT WE MIGHT COLLECT FROM YOU FOR ENTRY INTO AN EVENT. If you do not agree with any term of this Privacy Policy, you must cease ACCESS OF THIS WEBSITE OR your PARTICIPATION OR INTENDED PARTICIPATION IN ANY EVENT.
1. Definitions
The following words and phrases have these meanings in this document:
1.1. “Event(s)” means any event hosted by us, including the Cape Town Dive Festival.
1.2. “Personal Information” is as defined in POPIA.
1.3. “POPIA” means the Protection of Personal Information Act 4 of 2013.
1.4. “Process” in relation to Personal Information means to collect, organise, store, modify, retrieve, refer to, distribute, or erase, or otherwise as defined in POPIA.
1.5. “Us”, “we”, or “our” means Cape Town Dive Festival (Pty) Ltd, a company incorporated in terms of the company laws of the Republic of South Africa with registration number 2014/131439/07.
1.6. “Website” means Internet World Wide website at URL www.ctdf.co.za (including subdomains) or such other URL as we may choose from time to time.
1.7. “You”, “participant” or the “user” means any person who accesses this Website for any purpose or participates in any Event.
2. Status and Amendments
2.1. We respect and recognise the importance of protecting your privacy. This privacy policy statement sets out our information gathering and dissemination practices in respect of the Website and your participation in an Event.
2.2. This Privacy Policy forms part of the Terms and Conditions. If you do not agree with this Policy then you may not use this Website or participate in an Event and are required to cease doing so immediately.
2.3. We reserve the right to amend the terms and conditions of this Privacy Policy at any time without notice. It is your duty to be aware of the current version of this Privacy Policy. Please refer to the last revision number and date at the top of this document. Continued use of the Website or participation in an Event subsequent to any amendments having been effected constitutes your acceptance of the Privacy Policy as amended.
3. Privacy: Casual Surfing
3.1. You may visit the Website without providing any Personal Information. The Website servers may in such instances collect the IP address of your computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. We use this information to determine use of the Website, and to improve content thereon. We assume no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
4. Personal Information Collected
4.1. When you access this Website or enter any Event, we collect Personal Information about you, including information that directly or indirectly identifies you if you choose to share it with us. You consent to us processing your Personal Information as set out herein.
4.2. You understand that you cannot participate in an Event without us processing information about you, including basic account information such as your name, surname, email address and contact number.
4.3. YOU HEREBY EXPRESSLY AGREE THAT WE MAY COLLECT, USE AND SHARE YOUR PERSONAL INFORMATION THAT YOU HAVE PROVIDED IN PARTICIPATING IN AN EVENT ON THE BASIS AND WITH THE PEOPLE AS SET OUT IN THIS PRIVACY POLICY.
4.4. We will only collect Personal Information for a purpose consistent with the purpose for which it is required. Depending on your interaction with us, we may collect the following information:
4.4.1. your name and surname;
4.4.2. your email address;
4.4.3. your contact number;
4.4.4. your dive qualification;
4.4.5. your Marine Protected Area (“MPS”) permit;
4.4.6. your medical certificate of fitness;
4.4.7. any other Personal Information you provide through the use, access, and registration on the Website; and
4.4.8. information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Website, including device and network information, cookies and analytics information.
4.5. Should your Personal Information change at any point, please contact us and provide us with such updates as soon as reasonably possible.
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5. Use and Processing of Personal Information
5.1. We will only Process Personal Information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is Processed. That purpose will be compatible with that for which it was collected, unless you have consented to an alternative purpose in writing or we are permitted by POPIA or in terms of national legislation of general application.
5.2. We will not, without your express consent, use your Personal Information for any purpose other than as set out below.
5.3. We will use the information we collect to:
- provide you with access to this Website;
- allow you to register for Events on the Website;
- communicate with you about Events you registered for;
- present certain material set out on the Website to you;
- communicate with you as necessary regarding current or new Events or any other services or goods offered by us (unless you have opted out from receiving marketing material);
- improve the Website;
- where necessary to comply with any legal obligation; and
- process as described elsewhere in this clause.
5.4. You may, at any time, access your personal information which we hold. You may also correct your personal information held by us, should the need arise. In this regard, you may send an email to capetowndivefestival@gmail.com.
5.5. YOU EXPRESSLY AGREE THAT WE MAY USE PERSONAL INFORMATION COLLECTED TO COMPILE PROFILES FOR STATISTICAL PURPOSES AND TRADE IN THESE PROFILES. WE MAY DE-IDENTIFY (ANONYMISE) AND THEN RETAIN AND USE YOUR PERSONAL INFORMATION FOR OUR OWN INTERNAL PURPOSES AND IN ORDER TO PROVIDE MARKET ANALYSIS AND RELATED SERVICES TO THIRD PARTIES. NO INFORMATION CONTAINED IN THE PROFILES OR STATISTICS WILL BE ABLE TO BE LINKED TO ANY SPECIFIC USER.
6. Third Parties
6.1. We will not disclose any Personal Information relating to you to any third party unless your prior written agreement is obtained or we are required to do so by law.
6.2. You agree that we may disclose your Personal Information to our employees and/or third-party service providers or partners who assist us to interact with you.
7. Photographs / video material taken at Events
7.1. By participating in Events, you consent to your photographs being taken during the Event.
7.2. You further grant us a worldwide, fully paid-up, non-exclusive perpetual license to use, publish, produce, reproduce, broadcast, exhibit, transmit or otherwise deal with your image rights relating to images captured by us during their participation in Events, solely for marketing purposes related to Events.
8. Destruction of Personal Information
8.1. We will delete all Personal Information, insofar as it relates to you when we receive a written instruction from you to do so unless we are obliged by law or under our obligations to you to retain such information.
8.2. We will destroy or delete any Personal Information that is no longer needed by us for the purpose it was initially collected, or subsequently Processed.
8.3. We may retain information from deleted accounts to comply with the law, prevent fraud, resolve disputes, troubleshoot problems and enforce any of our terms. Any information we retain will be handled in accordance with this Privacy Policy.
9. Collection of anonymous data
9.1. We may utilise temporary or session cookies. A cookie is a small text file that is stored on your device (computer, mobile phone, tablet or other) by a website’s server. Each cookie is unique to your web browser and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.
9.2. We utilise first and third-party cookies. This enables us to improve users’ experience on the Website through various means such as storing preferences (like keeping a user logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics and to provide more relevant display advertising to users who have visited the Website, using third party tools such as the Google Analytics Remarketing.
9.3. This allows us to track your use of this Website.
9.4. Cookies by themselves will not be used to personally identify users but we may use them to compile de-identified statistics relating to use of services offered or to provide us with feedback on the performance of the Website.
9.5. The following classes of information may be collected in respect of users who have enabled cookies:
· The browser software used;
· IP address;
· Date and time of activities while visiting the Website;
· URLs of internal pages visited; and
· referring websites, search engines and the like.
9.6. If you do not wish cookies to be employed to customise your interaction with the Website it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on the Website may not be available. Because some of our Website’s features utilise cookies, we recommend that users do not block them.
9.7. You can opt out of a third party website’s use of cookies by visiting the Network Advertising Initiative opt-out page at http://www.networkadvertising.org/managing/opt_out.asp.
10. Security
10.1. We will take appropriate, reasonable technical and organisational measures as required by applicable law to protect the information submitted to or collected by us from loss, misuse, unauthorized disclosure, alteration or destruction.
10.2. We will secure the integrity and confidentiality of Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent:
10.2.1. loss of, damage to or unauthorised destruction of Personal Information; and
10.2.2. unlawful access to or processing of Personal Information.
10.3. We will take reasonable measures to:
10.3.1. identify all reasonably foreseeable internal and external risks to Personal Information in our possession or under our control;
10.3.2. establish and maintain appropriate safeguards against the risks identified;
10.3.3. regularly verify that the safeguards are effectively implemented; and
10.3.4. ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
10.4. We endeavour to protect your Personal Information, but you understand that no data transmission over the Internet can be guaranteed to be absolutely secure, and we cannot ensure or warrant the security of any information you transmit to us. Transmitting Personal Information is done at your own risk.
11. EU Members’ Rights
11.1. If you normally live in the European Union (“EU”), you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your Personal Information as fully described here:
11.1.1. you can access your information by logging into your account and can rectify, restrict, limit or delete your information;
11.1.2. if we Processes your information as set out above, you can object to this Processing in certain circumstances;
11.1.3. if you have given us consent to Process information, you have the right to withdraw your consent at any time; and
11.1.4. if you have a concern about our use of your information, you have the right to raise such concern with your local supervisory authority.
12. Transfer of Personal Information
12.1. Our Website is operated from the Republic of South Africa (“RSA”). If you are not located here, and choose to use the Website, or provide information to us, you acknowledge and understand that your information will be transferred, Processed and stored in the RSA, as it is necessary, and the RSA’s privacy laws may not be as protective as those in your jurisdiction.
12.2. If you are a resident of the EU, we are the controller of your personal data for the purposes of EU data protection law.
12.3. We will not transfer your Personal Information or any portion of it to any third party for any reason without your prior written consent, except to the extent that we use third party service providers to host our database, subject to the provisions of clause 10 (Security).
12.4. We may use hosting or cloud services to operate this Website and store our data which are not located in South Africa. If we do so, we will ensure that the level of protection given to your Personal Information is at least as good as that provided for under South African Law, either by means of a binding contract with the service provider, or by using a service provider located in a country with privacy laws of similar or stronger effect.
13. Links to other websites
13.1. We have no control over and accepts no responsibility for the privacy practices of any third party websites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any website you visit before using it further.
14. Queries
If you have any queries about this Privacy Policy please contact us by emailing capetowndivefestival@gmail.com.
Prepared by Dingley Marshall Lewin Inc.