1.1 Newmark Hotels (Pty) Ltd (“Newmark”) and the entities under its management (see “Annexure A”) is committed to providing distinctive hotels, lodges, reserves, apartments, and unique experiences for our guests.
1.2 Consistent with that commitment, we are respectful of the privacy of the personal information that we process in order to provide and offer services. Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements.
1.4 By accessing this site:
1.4.1 You consent to the processing of your personal information in the manner described in this document in terms of Section 11(a) of The Protection of Personal Information Act 4 of 2013 (‘The Act’); and
3. PERSONAL INFORMATION WE COLLECT
Our Site collects personal information that you voluntarily submit. We also automatically collect Site usage and other statistical information from visitors to our Site.
Voluntarily Submitted Personal Information
3.1. When using our Site, you can voluntarily provide certain information about yourself or others, such as when you create an account, book a reservation, or participate in an online promotion. You can use our Site anonymously without creating an account, but you will need to create an account if you want to take advantage of promotions or certain time saving features.
3.2. Personal information that you may provide through this Site about yourself and those traveling with you includes:
3.2.1. Name, gender, nationality, date and place of birth, travel information, passport and visa information;
3.2.2. Contact information, such as a home or business address, telephone number and email address;
3.2.3. Information that allows us to provide specialized services to you or fulfill special requests, such as accommodating health or dietary conditions, but we do not collect sensitive information about you, such as health information, except as reasonably needed for us to provide services to you.
3.2.4. Credit card or payment card number, billing address, expiration date and security code;
3.2.5. Account login credentials, such as usernames and passwords, password hints and similar security information;
3.2.6. Eligibility information such as name, age and contact information when participating in a competition; and
3.2.7. Preferences for receiving communications from us or in the course of participating in surveys or promotional offerings.
3.2.8. Interests and communication preferences, including preferred language.
Automatically Collected Information
3.3 To ensure a streamlined, user-friendly experience, and to measure the effectiveness of our Site, our site tracks, collects and/or collates certain statistical information of its users including:
3.3.1 Your movement within the Site;
3.3.2 The pages from which you were referred;
3.3.3 Access times;
3.3.4 Browser types;
3.3.5 Your domain names;
3.3.6 The website from which you access the Site;
3.3.7 The pages accessed by you on our Site;
3.3.8 The time you spend on the pages on our Site; and
3.3.9 Your IP address.
3.4 We may use anonymous tracking technologies to collect, store and sometimes track information for statistical purposes and to improve the services we provide, including using it to evaluate and improve our Site.
3.5 We also collect and store information automatically using cookies and similar technology as described below.
Data from Other Sources
3.6 We also may obtain contact details and other information about you from our affiliates and from other third parties, including:
3.6.1 Social networks when you grant permission to the Service to access your data on one or more networks;
3.6.2 Service providers that help us determine a location in order to customise certain products to your location;
3.6.3 Businesses with which we offer co-branded services or engage in joint marketing activities; and/or
3.6.4 Publicly-available sources and data suppliers from which we obtain data to validate or supplement the information we hold.
4. HOW WE USE YOUR INFORMATION
4.1.1 Processing, fulfilling and recording reservations and/or purchases;
4.1.2 Billing your credit card for advance purchase reservations and advance deposits;
4.1.3 Contacting you for confirmation or customer service after reservations and purchases are made or after you sign up for or participate in certain activities;
4.1.4 Conducting statistical or demographic analysis;
4.1.5 Tracking reservations and corresponding resort stays;
4.1.6 Sending you emails that relate to a resort stay;
4.1.7 Sending you via postal mail or email, communications such as guest surveys or promotional offers and benefits;
4.1.8 Communicating special offers and featured items to you, if you choose to receive such notices;
4.1.9 Responding to your inquiries, complaints and other communications;
4.1.10 Providing for the safety and security of our guests and staff and meeting our legal and regulatory compliance requirements; and
4.1.11 Use of your public Content that is uploaded onto our website (“Newmark Hotels Website”) from third party websites such as Twitter, Facebook and Instagram.
5.1 We may collect and store information through cookies, log files, clear gifs, and/or third-party sources to maintain and improve the functionality of our site.
5.2 A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. It may identify the device you use to access our Site, but it does not collect personal information about you.
5.3 We do not use technology that recognizes a “do-not-track” signal from your web browser.
6. ACCESSING, UPDATING OR DELETING YOUR PERSONAL INFORMATION
6.1 If you wish to access or update your personal information or if you wish to delete your profile entirely, you are required to send us a written request either by post or email to the addresses as set out in our How to Contact Us section below.
6.2 If you wish us to cancel, and/or stop the processing of your personal information we will, subject to our discretion, cancel and/or stop the processing of the personal information.
6.3 We will not delete personal information that we are required to retain for our business operations or legal compliance.
6.4 We may require that you provide adequate identification information or documentation before providing your personal information that we hold; this is for your protection. We will respond to your requests within 20 days of receipt and authentication.
7 DISCLOSING YOUR INFORMATION
7.2 We do not share your information with third parties for their use in direct marketing unless we have your permission.
7.3 We may share your personal information with travel agencies and loyalty programmes or if you request or authorize us to do so. Otherwise we may disclose your information only as follows:
7.3.1 Aggregated Information- We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics, to our affiliates and third parties without restriction;
7.3.3 Completing Your Transactions- We may share your personal information with third parties in order to complete a transaction that you have requested. This may include payment processing, obtaining approval for credit offered to you, or fulfilling your requests for services or products;
7.3.4 Service Providers and Agents- We may share your personal information with service providers, contractors, agents, outside vendors or service providers to perform functions on our behalf. This may include analyzing data, providing marketing assistance, providing customer service, processing orders, facilitating communications with you, or enhancing your experiences when you stay with us;
8. DATA PROCESSING AND CROSS-BORDER DATA TRANSFERS
8.1 Our Site is maintained on servers located in South Africa, and personal information submitted through our Site is stored on servers located in South Africa;
8.2 Personal information submitted through our Site in connection with a booking is provided to the applicable hotel;
8.3 personal information submitted in connection with your stay at any Newmark Hotels’ property is stored by our hotel locally and also transferred to servers located in South Africa;
8.4 Personal information is transferred to our computers in South Africa to facilitate aggregated trend analysis used for resort management purposes such as planning new resort locations, evaluate resort amenities and guest preferences, and for advertisement planning;
9.1 We use reasonable technical, administrative, and physical measures to protect personal information contained in our system against misuse, loss or alteration. Keep in mind however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
9.2 We cannot enforce or control the security of the computers, electronic devices, or electronic communication method that a consumer or guest may utilize to send e-mails and submit personal information to us over the Internet. You are responsible for ensuring that the computers, electronic devices and electronic communication methods you utilize will provide adequate security for communicating with us.
9.3 You are also responsible for the use of any user name and password you create to access this Site; any instructions we receive using your login information will be treated as authorized by you.
9.4 We are not responsible for the disclosure or interception of your personal information before we receive it.
10. YOUR CHOICES
10.1 We offer you the choice of how you receive communications from us. You have the right to tell us to stop using your information for our direct marketing purposes.
10.2 In this regard, kindly send your written request, including your name and contact information to the address listed below. We will honour your request within 20 days of receiving it or such time period as required by local law. Please be aware that opting out will not prevent us from sending you communications about your transactions or your account with us.
11 THIRD PARTY LINKS
12 CHILDREN’S PRIVACY
12.1 This Site is not designed nor intended to be attractive for use by children.
12.2 We do not knowingly collect from children, though we may collect personal information about a child that is provided by a parent or guardian.
12.3 We respect the privacy of children, and do not collect any more personal information than reasonably necessary to enable them to participate in the activities we offer at our Site.
12.4 We will not use personal information knowingly collected on our website from children for direct sales solicitations without their parent or guardian’s consent and in compliance with applicable law.
14 HOW TO CONTACT US
Newmark Hotels (Pty) Ltd
2nd Floor, Merchant House,
19 Dock Road, V&A Waterfront,
Cape Town, South Africa, 8001
14.2 In order to ensure your request is dealt with expeditiously, please be sure to include your full name, address and telephone number and a copy of a document evidencing your identity (such as an ID card or passport) so we can ascertain your identity and whether we have any personal information regarding you, or in case we need to contact you to obtain any additional information, we may require to make that determination;
14.3 If you feel that this Site is not following its stated policy or complying with applicable privacy laws, please contact us by sending an email to email@example.com
15 POPIA AND PAIA MANUAL AND APPLICABLE LEGISLATION
15.1 For a copy of our POPIA and PAIA manual, please click here.
15.2 For a copy of the Protection of Personal Information Act 4 of 2013, please click here.
16 Effective Date
ENTITIES UNDER NEWMARK HOTELS (PTY) LTD MANAGEMENT
1. The Catalyst Hotel (Pty) Ltd
i. Kashewcat (Pty) Ltd
2. Hakuna Matata Beach Lodge t/a Chuini Zanzibar Beach Lodge
3. De Oude Graaff Reinetse Drostdy (Pty) Ltd t/a The Drostdy Hotel
4. La Maison d'Ete
5. Tingamate (Pty) Ltd t/a La Splendida Hotel
6. Motswari Wildlife Services (Pty) Ltd
7. Mount Camdeboo (Pty) Ltd
8. Nkomazi Game Reserve (Pty) Ltd
9. Onyx Hotel (Pty) Ltd
10. Velvet Ant Trading (Pty)
i. Market Restaurant
ii. Yu Restaurant
11. Robyndale Developments t/a The Penthouse Collection
12. The Rockefeller Hotel
13. Newmark Holdings Limited t/a Serengeti Sojourn
14. WEX1 Living (Pty) Ltd t/a Stock Exchange Hotel
15. V and A Hotel (Pty) Ltd t/a The Victoria & Alfred Hotel
i. The Queen Victoria
ii. The Dock House
iii. Manor house
16. The Winchester Hotel