Privacy Policy

Last Updated: 29 July 2025

1. Introduction and Scope

1.1. When accessing and/or using the website located at https://mycapetours.com (the “Website”), you are entering into a legally binding agreement with My Cape Tours (Pty) Ltd ("we," "us," "our") under these Privacy Policy terms. My Cape Tours (Pty) Ltd is a private company incorporated in South Africa (Reg. No. K2025602816), with its registered office at 6 Spin Street, Cape Town.

1.2. This Privacy Policy must be read with our Website Terms and Conditions. It sets out the basis on which any Personal Information (defined in section 2) we collect or you provide will be processed.

1.3. Please read this Privacy Policy carefully. By using the Website, you acknowledge and consent to the practices described herein.

1.4. We are committed to protecting your privacy and ensuring our use of Personal Information is lawful, reasonable, and relevant to our business activities.

1.5. By using the Website or Services, you consent to our collection, use, processing, and sharing of your Personal Information as described in this Privacy Policy. If you do not agree, please discontinue use of the Website.

1.6. This Privacy Policy applies to: Us and our successors-in-title; and You, as a user of the Website or member of our programs.

1.7. This Policy does not apply to any third-party websites or services linked to from the Website.

2. What is Personal Information?

2.1. "Personal Information" means information relating to an identifiable natural or juristic person, including (but not limited to) names, contact details, location data, online identifiers, and profile information.

2.2. Personal Information we collect may include:

• Access Device Information (IP address, device type, browser version, location, system activity);
• Log Information (site activity, time spent, content accessed);
• Profile Information (preferences, usage data);
• Location Information (GPS or IP-based);
• Membership Information (email, name, company name, contact details, job title, location, username, password).

2.3. Some information may be anonymized or aggregated for lawful use without identifying individuals.

3. When We Process Personal Information

We may collect and process Personal Information:

• When you access or use the Website and Services;
• When you stream, access or download content;
• When you contact us by email, phone, or via forms;
• When you submit membership queries or access accounts;
• For research, marketing, competitions, or promotions;
• Whenever you voluntarily submit Personal Information.

4. How We Collect Personal Information

4.1. Active Collection: Information you provide directly (e.g. membership applications, support requests, newsletters, competitions).

4.2. Passive Collection:

• Automatically from your device via cookies, server logs, analytics tools, and tracking technologies.
• Cookies may be disabled via your browser; however, this may limit some functionality.

4.3. Third-Party Sources: Affiliates, service providers, or partners who share information lawfully.

5. How We Use Your Personal Information

• Provide, improve, and maintain the Website and Services;
• Establish identity and verify accounts;
• Fulfil your requests and process transactions;
• Communicate with you about services, promotions, or policy updates;
• Detect, prevent and address technical issues, fraud, and security breaches;
• Comply with legal obligations;
• Analyse website usage, trends, and user experience;
• Customise content and improve services;
• Carry out research and business analysis;
• If consented, share relevant partner offers or services.

6. Sharing of Personal Information

We may share Personal Information:

• With employees, contractors, service providers, agents, and affiliates, who require the data to perform services;
• With regulatory or law enforcement agencies where legally required;
• To enforce our Terms or protect rights, property, or safety;
• With strategic partners, where you have provided consent;
• In connection with business transactions (e.g. mergers or acquisitions).

We will not sell or share Personal Information for unrelated third-party marketing without consent.

7. Cross-Border Transfers and Storage

7.1. Personal Information may be stored or transferred outside South Africa, including to countries without equivalent data protection laws.

7.2. In such cases, we will ensure adequate safeguards are in place, in compliance with POPIA Section 72, including:

• Binding agreements with third-party processors;
• Transfer to jurisdictions with adequate data protection standards; or
• Appropriate contractual clauses ensuring protection.

8. Security Measures

• We implement reasonable technical and organisational security safeguards to protect Personal Information from unauthorised access, loss, misuse, or disclosure.
• While we strive for data security, the internet remains inherently insecure, and absolute guarantees are not possible.
• Third-party processors are contractually required to maintain appropriate safeguards.

9. Retention of Personal Information

• Personal Information is retained for as long as necessary for the purposes for which it was collected, or longer if required by law.
• Data may be retained for legal, contractual, or evidentiary purposes, unless otherwise requested or required to be deleted.

10. Your Rights Under POPIA

Under POPIA, you have the right to:

• Access your Personal Information;
• Correct or update inaccurate information;
• Object to certain processing;
• Request deletion where applicable;
• Lodge a complaint with the Information Regulator.

11. Third-Party Links

We are not responsible for third-party websites linked to or from our Website. Please review each site’s privacy policy independently. Use of third-party sites is at your own risk.

12. Direct Marketing Communications

• We may send you marketing communications about our services.
• You may opt out at any time via email, phone, or written request.
• You may also register on the National Opt-Out Register under POPIA to block unsolicited direct marketing.

13. Changes to This Privacy Policy

• This Privacy Policy may be updated periodically. Please check for updates regularly.
• Material changes will be notified via prominent notices on the Website or via email where appropriate.

14. Governing Law

• This Privacy Policy is governed by the laws of the Republic of South Africa.
• If any provision is held unenforceable, the remainder shall remain in full force unless the fundamental purpose of this Policy is frustrated.

15. Contact Information

If you have any questions, requests, or complaints relating to this Privacy Policy, please contact us at:

• Company: My Cape Tours (Pty) Ltd
• Street Address: 7 Long Street, Cape Town 8001
• Telephone: +27 81 722 3259
• Email: info@mycapetours.com