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Privacy Policy

The Inside Guide Privacy Policy

When you use the Inside Guide Website, you are deemed to have read, understood and agreed to these terms as unmodified by you. Should you not agree to these terms do not continue to use the Inside Guide website.

Important clauses that limit our responsibility or involve some risk for you may be in bold and italics. You must pay special attention to these clauses.

These Terms and Conditions include the Website Terms and Conditions of Use, the Copyright Notice and various policies listed here https://insideguide.co.za/cape-town/terms-conditions/ (collectively “the Terms”). Please make sure you read and understand these policies which deal with various aspects of our relationship with you including how we deal with your personal information and reviews.

Definitions

Effective Date means the date on which you used our Website;

Intellectual Property Rights means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978;

Marks means any common law or registered trademarks, logos, brand names, domain names or other marks of Inside Guide;

Inside Guide, we, us and our means Lange Marketing CC t/a The Inside Guide; and

Website means www.insideguide.co.za.

Use of Website

The Inside Guide also makes no warranty or representation, whether express or implied, that information or files available on this Website are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software.

The Inside Guide accepts no responsibility for any errors or omissions on this Website.

The Inside Guide may, in its sole discretion, at any time, suspend or terminate the operation of this Website or any of the products or services provided in terms of this Website, without prior notice.

Notwithstanding the fact that this Website may refer to and/or provide links to other websites, your use of such other websites is entirely at your own risk and The Inside Guide is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other Websites.

The Inside Guide also does not endorse, warrant or make any representations about the content, products, services, security or reliability of such other Websites.

Contractual Relationship

Please note that should you choose to find accommodation using our Website the agreement for providing accommodation lies between you and the listing owner. Inside Guide is not a party to or involved in that agreement. Our responsibility to you in terms of this agreement ends once you have been referred to Nighstbridge or the listing owner to book your accommodation.

Without limiting the above, we will not be liable for double bookings, non-availability of the accommodation or incorrect quotations.

Complaints

If you have a complaint about a listing, or about us, please contact us.

Inside Guide does not perform site inspections of listings on the site. All information about a listing is provided by the listing owner. While the information about a listing is of “best effort” accuracy, we make no warranties as to the accuracy or veracity thereof.

Reviews

When you make a booking with a listing on our Website, you may be given an opportunity to submit feedback about your stay. Inside Guide reserves the right not to publish any comments which may be defamatory, or which are not verifiable or for any reason as determined in our sole discretion. All reviews will be dealt with in terms of our Reviews Policy and Posting Guidelines available on our Website.

Marketing and Operational Messages

Please make sure you read our privacy policy available on our Website which explains how we deal with your information.

We will use your information to send you important operational and service messages. These details will not be used for marketing or promotions unless you let us know that you want to receive this information.

Service Delivery and Interruptions

Inside Guide will use reasonable endeavors to make its services available to you, and to maintain the availability thereof for use by you. However, we provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements.

Breach

Should you be in breach of any provision of this agreement Inside Guide shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith suspend or access to the service and bar you from utilising same.

Warranties and Indemnity

You hereby warrant the following:

You have the right to enter into this agreement; and
All information provided by you is accurate and true in all material respects.
You hereby indemnify Inside Guide unconditionally and irrevocably and agree to hold Inside Guide harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Inside Guide or instituted against Inside Guide as a result of (without limitation):

your use of our services;
your failure to comply with these terms and a provision of any agreement concluded between us;
any unavailability of, or interruption in the service;
any other cause whatsoever relating to our provision of services to you.
Disclaimer and Limitation of Liability

To the extent permitted by applicable law, Inside Guide shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal finally determines, notwithstanding the limitation contained in this clause, that Inside Guide is liable to you for any damages, Inside Guide’s liability to you for any damages howsoever arising shall be limited to the amount of R1000.00 (one thousand rand) only.

General

Amendments: Inside Guide reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our website. Please note that you will be given an opportunity to read our terms and conditions and are required to accept our terms and conditions each time you use our service.

No sales representative, affiliate, dealer, agent, officer or employee of Inside Guide has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you and our activation or provision of any services to you does not indicate our acceptance of any changes made by you to our Terms.

Intellectual Property: Nothing contained in this agreement shall, unless the contrary is expressly stated elsewhere in this agreement, be construed as an express or implied license of, or transfer of any rights in or to, any copyright, trademark, trade names, logos, devices, patents or other intellectual property owned or used by each party and each party shall respectively retain all such rights.

Whole Agreement: This agreement constitutes the sole record of the agreement between the parties with regard to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

Non-Variation: No addition to, variation of, or agreed cancellation of, this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.

Waiver: No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.

Jurisdiction: You hereby consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by us arising out of this Agreement, provided that we shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.

Costs: Should Inside Guide, instruct an attorney pursuant to any breach or failure to perform any obligation on your part (the part of Contracting Party, or be required to direct any correspondence to you regarding such breach or failure to perform, then without prejudice to any other rights which Inside Guide may have, it shall be entitled to recover from you all legal costs incurred by it, whether or not legal proceedings are instituted against you, on an attorney and own client scale including tracing fees and collection commission and which costs shall be payable on demand and shall not be required to be taxed

Return and Refunds policy
The provision of goods and services by The Inside Guide is subject to availability. In cases of unavailability, The Inside Guide go to every endeavour to rebook/reschedule the service. If that is not possible, it will be considered to refund the client soon as possible.

Customer privacy policy
The Inside Guide shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569
Payment options accepted
Payment may be made via Visa, MasterCard, credit cards for online bookings. Bank transfers or cash will only be accepted for direct bookings into the The Inside Guide bank account, the details of which will be provided on request
Credit card acquiring and security
Credit card transactions will be acquired for The Inside Guide via PayGate (Pty) Ltd who are the approved payment gateway. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by The Inside Guide separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Responsibility
The Inside Guide takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods
Country of domicile
This website is governed by the laws of South Africa and The Inside Guide chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Variation
The Inside Guide may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Company information
This website is run by The Inside Guide based in South Africa trading as The Inside Guide and with registration number 2005/023221/07

The Inside Guide
hello@insideguide.co.za
021 671 3455

Activitar Privacy Notice

This privacy notice forms part of your agreement with Activitar.

During our interactions, you share personal information with Tornado Tour Systems (Pty) Ltd, trading as Activitar, registration number 2004/000954/07.

This notice tells you what to expect when we collect information from you and how we use it.

It is part of our agreement with you, and we may need to update it occasionally. When we do, we will inform you. You should read this notice along with our terms and conditions that apply to the products and services you use.

If you have any questions about this policy, please contact us by email at privacy@activitar.com or by phone on +27 61 541 3986

We collect your information:

We collect your information in the circumstances outlined below. Sometimes we are required by law to collect your information, for instance, if tax legislation forces us to collect personal information.

When you sign up for and implement our reservation system and online distribution service

We need some general information before we can enter into an agreement and you can begin to use our reservation system and online distribution service.

We collect your:

  1. company name

  2. contact details

  3. VAT number

  4. banking details

  5. details related to your operating processes and offerings

  6. details contained in your company registration documents

  7. identity documents of your mandated officials

  8. proof of address of your mandated officials

  9. proof of banking details

We use this information to:

  1. load you on our services and configure the system

  2. set up and process payments via the payment gateway

  3. communicate with you

  4. provide training

  5. process orders

  6. provide your offerings to clients via activitar.com

  7. provide support

  8. send you statements, receipts, invoices or any other legal documents that relate to your transaction

  9. fulfill our legal obligation to use or disclose your information

Legal basis for processing:

Data protection legislation allows us to process personal information when it is necessary for the performance of a contract with you. In other instances, we are required by law to collect your information, for instance tax legislation forces us to collect personal information.

When you use our service

In order for our service to function properly, ‘customer data’ is generated and collected. This includes your, and your clients’ personal information. We collect your clients’ names, contact details, and details about their bookings.

We use customer data to process bookings and reservations on our reservation system and distribution service, to analyse and improve our services and to identify and solve problems where they may appear.

Legal basis for processing:

Data protection legislation allows us to process personal information when it is necessary for the performance of a contract with you.

When you contact us, we collect information from your message

When you contact us by social media, email, our support service or telephone with a query, complaint, or request, we collect the information contained in your message. We use the information we collect to reply to, investigate, and resolve your query, complaint, or request.

Legal basis for processing:

Data protection legislation allows us to process personal information when it is in our interest and we have chosen the least invasive way to process the information. It is in both our interest to reply to, investigate, and resolve your queries, complaints, and requests.

We use your information to send you our newsletter

We have a monthly newsletter that is delivered by email.

We’ll ask you whether you want to receive the newsletter, if you agree it is important that you know you can unsubscribe at any time by following the unsubscribe link at the bottom of the email or by contacting us.

Legal basis for processing:

Data protection legislation allows us to process personal information when you have given us your express consent.

What about children’s information?

We do not knowingly collect the personal information of children without the consent of a parent or guardian.

We share your information with trusted service providers

We use service providers and suppliers who we trust to assist us in providing our services to you. They have agreed to keep your information secure and confidential, and to only use it for the purposes for which we have sent it to them.

We share your information with service providers when they help us to:

  1. store information

  2. process payments

  3. ensure you have access to the services you paid for

  4. deliver our newsletter

  5. help monitor the effectiveness of our promotions and advertising

  6. help us manage our business, for instance accountants and professional advisors.

  7. maintain our website

  8. find and fix errors and performance issues on our website

Sometimes we will be required by law to share your information. For instance, we may be required to share your information with the South African Fraud Prevention Services. We will not sell your information or share information with third parties for the purposes of direct marketing (we don’t like spam either).

We send your information to other countries

Some of the service providers that we use may be located in other countries; for instance, our cloud storage service. These countries may not have the same levels of protection of personal information as South Africa. If this is the case, we require that they undertake to protect the personal information of our customers to the same level that we do.

We don’t keep your information longer than we need to

We will not retain your information for longer than we need to, unless we are legally required to do so. Most of your personal information will be retained for 5 years from the date of your last transaction with us. However, we may keep your contact details for longer for marketing and mailer purposes.

We have taken reasonable steps to minimise the impact of a breach

We have implemented reasonable security measures based on the sensitivity of the information we hold. These measures are in place to protect the information from being disclosed, from loss, misuse, and unauthorised access, and from being altered or destroyed.

We regularly monitor our systems for possible vulnerabilities and attacks, but no system is perfect and we cannot guarantee that we will never experience breach of any of our physical, technical, or managerial safeguards. If something should happen, we have taken steps to minimise the threat to your privacy. We will let you know of any breaches that affect your personal information and inform you how you can help minimise the impact.

You also have a role to play in keeping your information secure. For example, you should never share personal information with us in an email, because while our servers are protected, it is still possible that email can be intercepted. Instead, contact the Activitar support team at +27 61 541 3986, which will connect you to Chris Coetzee, our information officer.

You have the right to be informed about the personal information we have, and what we do with it

You have the right to know what kind of personal information we have about you, to correct it, and to opt out of marketing.

You have the right to

  1. ask us what we know about you;

  2. ask what information was sent to our suppliers, service providers, or any other third party;

  3. ask us to update, correct, or delete any out-of-date or incorrect personal information we have about you;

  4. unsubscribe from any direct marketing communications we may send you; and

  5. object to the processing of your personal information.

You can request access to the information we have about you, or correct your personal information by contacting our deputy information officer at privacy@activitar.com.

It can take us up to 21 days to respond to your request because there are procedures that we need to follow. In certain cases, we may require proof of your identity, and sometimes changes to your information may be subject to additional requirements such as valid proof of residence.

Your rights in terms of the GDPR:

If you are in the European Union, you have these rights in terms of the GDPR:

  1. The right to be informed about the collection and use of your personal information.

  2. The right to access your personal information. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may charge a fee in some circumstances. We will let you know if this is the case.

  3. You have a right to have inaccurate personal information corrected or completed if it is incomplete. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may refuse in certain circumstances.

  4. You have the right to have your personal information erased, also known as the ‘right to be forgotten’. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may refuse in certain circumstances.

  5. You have the right to request that we restrict or suppress your personal information. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may refuse in certain circumstances.

  6. You have the right to reuse your personal information for your own purposes across different services, also known as the right to data portability.

  7. You have the right to object to us processing your personal information in certain circumstances. You may make your objection by contacting privacy@activitar.com. We may take one month to respond to your request. There are legitimate reasons why we may refuse your objection, which depend on why we are processing it.

  8. You have the right to complain to a supervisory authority in the Member State where you live or work, or where the infringement took place.

  9. You have the right to object to automated decision-making and profiling.

  10. You may ask that a human review any automated decisions that we make about you, express your point of view about it, and obtain an explanation of the decision. You may challenge any automated decision made about you by contacting privacy@activitar.com. We may take one month to respond to your request.


© 2022 Tornado Tour Systems (Pty) Ltd ta Activitar.

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