Introduction 1.1. This policy shall be read in conjunction with the General Terms and Conditions and more particularly clauses 2.4 and 8 thereof. 1.2. The capitalised terms referred to in this policy shall bear the meanings attributed to them in the General Terms and Conditions or at the Definitions at clause 2 below. 1.3. MH recognises the importance of privacy and the protection of personal information in its possession and is committed to safeguarding such information in accordance with the legal requirements outlined in the Protection of Personal Information Act 4 of 2014. 1.4. MH hosts a Website and this policy also regulates the use of the Website established and maintained on its servers. 1.5. This policy explains how MH collects, uses, stores and processes personal information (on the Website or otherwise) and includes information regarding your rights in relation to such personal information disclosed to MH. 1.6. The Guest(s) hereby agree(s): 1.6.1. to be bound by this policy as part of MH’s General Terms and Conditions; 1.6.2. to regularly check the Website for any amendments (or modifications) to this policy; and 1.6.3. that Guest(s) continued use of the Website following any amendments as contemplated in 1.6.2 above shall constitute its agreement to such amendments
Definitions 2.1. Consent means the voluntary, specific informed expression of will; 2.2. Direct Marketing means approaching a User personally for the purpose of selling them a product or service; 2.3. Non-Personal Information means information collected by MH from Users which includes but are not limited to browser name, the type of computer and technical information about User’s means of connection to MH Website, such as the operating system and the internet service providers utilized and other similar information; 2.4. Personal Information means the definition attributed thereto in terms of POPI but more specifically personal information collected by MH from Users relating to their identity, email and physical address, contact details etc; 2.5. POPI means Protection of Personal Information Act 4 of 2013 (as amended); 2.6. Processing/Process means an operation or activity, whether or not by automatic means, concerning Personal Information; 2.7. User means the Guest(s) or any other person using the Website for purposes of obtaining information, making a Booking or submitting a query to MH:
Scope of Policy 3.1. This Policy applies to all employees, Users, and agents. 3.2. The provisions of this policy are applicable to both on and off-site Processing of Personal Information.
Information Officer 4.1. In the event that a User or person or entity requires access to information as contemplated in the POPI, such person may contact MH at admin@monumenthouse.co.za.
Consent 5.1. Your Personal Information is required to make a Booking and MH will access the same for purposes of the Booking or an enquiry on the Website. 5.2. You agree to provide such Personal Information (and Non-Personal Information) requested by MH on the express understanding that: 5.2.1. This constitutes your consent, as required under POPI; 5.2.2. The MH support services staff will access your information which has been furnished to them for the purposes of the Booking or query in which you are involved and matters ancillary thereto; 5.2.3. MH does not intend sharing your personal information for financial gain; and 5.2.4. In the event that your Booking or enquiry involves a child or children, you acknowledge that you are the competent adult/s responsible for such child or children and willingly supply their Personal Information in order to include them/him/her in the Booking or enquiry through MH. 5.3. MH will collect personal identification information from Users only if they voluntarily submit such information to us i.e. they consent. Users may, however, also visit the Website anonymously. 5.4. Should Users refuse to supply Personal information in relation to their identity, it may prevent them from engaging in certain Website related activities. 5.5. Users also have a right to withdraw their consent to the Processing of Personal Information in which event MH shall refrain from doing so.
Processing of Personal Information 6.1. MH uses your Personal Information in its possession for the following purposes: 6.1.1. General administration of Bookings; 6.1.2. Conducting credit reference checks and assessments; 6.1.3. Keeping of accounts and records; 6.1.4. Complying with legal and regulatory requirements; and 6.1.5. Complying with applicable legislation and Applicable Laws. 6.2. MH shall only Process Personal Information (and further processing as contemplated in terms of POPI) (i) with the Consent of the User as contemplated in clauses 5, (ii) if it’s necessary to carry out the purpose for which the Personal Information is required as contemplated in clause 6.1 above, (iii) it has to comply with an obligation imposed by law or (iv) it protects the legitimate interest of the User or pursues the legitimate interest of MH or third Party to whom the Personal Information is supplied. 6.3. MH shall not retain the Personal Information for longer than what is necessary for achieving its purpose as outlined at clause 6.1 above, shall delete/destroy its record of Personal Information if it’s no longer authorised to retain such information in terms of this clause 6 or in terms of clause 5.5 above. 6.4. MH may collect Personal identification information from Users in a variety of ways in connection with activities, services, features or resources available on the Website. 6.5. MH does not sell, trade, or rent Users’ Personal Information to others. It may, however, share generic aggregated demographic information not linked to any Personal Information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. 6.6. MH shall take all reasonable steps to ensure that Personal Information is complete, accurate, not misleading and updated. 6.7. MH shall ensure the integrity and confidentiality of all Personal Information by taking reasonable steps to identify foreseeable risks to information and security and establish and maintain safeguards against such risks.
Direct Marketing 7.1. MH shall only carry out Direct Marketing with the consent of the User and such consent shall only be procured once. 7.2. All Direct Marketing will disclose MH’s identity and contain an address or opt-out/unsubscribe functionality to which the User may send a request that the communication cease. 7.3. Users acknowledge that Guest(s) contact details are automatically added to the MH database and that MH sends out bulk emails to its database from time to time.
Website 8.1. Copyright 8.1.1. All intellectual property on this Website, including content, literary and artistic works, design elements, computer programs, domain names, patents, trade marks, logos, images, pictures, downloads, source code, metatags, text, graphics, artworks, icons and hyperlinks are the property of, or licensed to MH and MH is protected from infringement by international and domestic legislation including but not limited to copyright, trade mark and/or patent law. 8.1.2. All rights to intellectual property on the Website are expressly reserved. No person may reproduce or use such intellectual property in any manner whatsoever without the prior written consent of MH. 8.2. General 8.2.1. The information contained in this Website is for general information purposes only. The information is provided by MH and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. 8.2.2. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Website or the data contained herein. 8.2.3. Every effort is made to keep the Website up and running smoothly. However, MH takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control. 8.3. Website Use and Security 8.3.1. MH may collect and store information for statistical purposes i.e. we may count the number of visitors to the different sections of the Website to help us make them more useful to visitors. Our server logs record such things as the User’s IP address, the date and time of the visit to the Website, the pages accessed and documents downloaded, the previous site visited and the type of browser used. 8.3.2. By sending us an email or by submitting your information to us in one of our online forms, you will be sending us Personal Information which we may store in order to respond to the request or to otherwise resolve the subject matter of your enquiry. 8.3.3. The email address and the contents of your email are stored in a secure area within our system and will not be used for any other purpose nor disclosed without your consent as contemplated in terms of clauses 6.1 and 5 above 8.3.4. Users acknowledge it is your duty to protect your own internet and email connections against interceptions and viruses. 8.3.5. We will always protect all such information in a way consistent with POPI as contemplated in terms of clause 6.7 above. 8.4. External links 8.4.1. On this site MH may provide links to web pages that are not part of the MH Website. These sites are managed by organisations, companies or individuals not under our control, and MH is not responsible for the information or links you may find there (including the nature, content and availability of those sites). The inclusion of any links furthermore does not necessarily imply a recommendation nor does MH endorse the views expressed within them. 8.4.2. When a User has clicked on a link to another site, they leave the Website and are no longer protected by the MH’s privacy protection. 8.5. Web Browser Cookies The Website may use “cookies” to enhance user experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Website may not function properly.
