Terms of Use, Privacy Policy and Disclaimer

CAPE TOWN TOURISM WEBSITE TERMS AND CONDITIONS

Welcome to the official Cape Town Visitor website. This website is managed by Cape Town Tourism (hereinafter referred to as "Cape Town Tourism", or "CTT", or "we" or "us" or "our").
THESE TERMS OF USE ARE APPLICABLE TO YOUR ACCESS AND USE OF THIS WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AS BY USING THIS WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE ARE IMPORTANT, BUT PLEASE PAY SPECIAL ATTENTION TO THE PARTS THAT ARE INSIDE A BOX WITH BOLD WRITING.  THESE PARTS CONTAIN INFORMATION ABOUT TERMS AND CONDITIONS THAT HAVE SPECIAL CONSEQUENCES FOR YOU.

1. Introduction

  • 1.1 - Cape Town Tourism is a NPO incorporated in the Republic of South Africa under registration number 930014839 and whose registered office is at The Pinnacle Building, Cnr Burg and Castle Street, Cape Town, 8000.
  • 1.2 - On the website, which is accessible at www.capetown.travel or via the software application developed or made available by us (the "Website"), we provide online information resources focused on the destination marketing and visitor industry (the "Services").
  • 1.3 - These terms of use ("Terms") apply to any person who:
  • 1.3.1 -  browses, uses, accesses, refers to, views and/or downloads the information made available by us on the Website ("Content"); and/or
  • 1.3.2 is or has applied to be part of our membership programme.
  • 1.3.3 - regardless of the device which you use to access the Website, including, but not limited to, internet-connected mobile devices and tablets.

2. Your acceptance of the Terms

  • 2.1 - When using, accessing, browsing, referring to, viewing, and/or downloading Content, you are entering into a legally binding contract with Cape Town Tourism upon (i) these Terms; and (ii) our privacy policy which is accessible below ("Privacy Policy"). The Privacy Policy is hereby incorporated into these Terms and forms part of these Terms.
  • 2.2 - These Terms and the Privacy Policy apply to the entire contents of the Website and to any correspondence between us and you. Using, accessing, browsing, referring to, viewing, and/or downloading the Content displayed on the Website for any purpose indicates that you have read, understood and accept these Terms and the Privacy Policy and agree to be bound by them.  If you do not agree to these Terms and the Privacy Policy, please refrain from using, accessing, browsing, referring to, viewing, and/or downloading the Content displayed on the Website.

3. Changes and modifications to the Terms, Website and/or Content

  • 3.1 - We may, at any time, in our sole and absolute discretion, do any of the following without prior notice:
    • 3.1.1 - change these Terms;
    • 3.1.2 - change or remove Content accessible on the Website;
    • 3.1.3 - change or discontinue any aspect of Website or Services accessible on the Website; and/or
    • 3.1.4 - change the software and/or hardware required to access and use the Website.
  • 3.2 - Your continued access or use of the Website, Content and/or Services will be subject to the Terms in force at the time of your access or use. If you do not agree with any updates, amendments or modifications, you must discontinue use of the Website, Content and/or Services,

4. Permitted use and prohibited conduct

  • 4.1 - We hereby authorise you to view, copy, download to a local drive, print and distribute the Content of the Website, or any part thereof, provided that:
  • 4.1.1 - such Content is used for non-commercial purposes only;
  • 4.1.2 - any reproduction of the Content available on or through the Website, or any part thereof, must not infringe our intellectual property rights or the intellectual property rights of third parties, and all copies must include the following copyright notice: © Cape Town Tourism. ALL RIGHTS RESERVED; and
  • 4.1.3 - your use of the Content is in accordance with these Terms.
  • 4.2 - You must not, directly or indirectly, do any of the following things:
    • 4.2.1 - perform any action that violates these Terms or any guidelines or policies posted by us;
    • 4.2.2 - use the Website for hacking, spoofing, cracking, phishing or spamming or any other activity aimed at achieving similar purposes;
    • 4.2.3 - perform any action which is illegal, fraudulent or violates or infringes any of our rights or the rights of third parties, including intellectual property rights;
    • 4.2.4 - use any technology or other means to access, index, frame or link to the Services (including the Content) in a way that is not expressly authorized by us;
    • 4.2.5 - collect or process information in violation of our Privacy Policy; or
    • 4.2.6 - interfere with any other person's use and enjoyment of the Services, the Website, or the Content.
  • 4.3 - Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.
  • 4.4 - We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any Content in breach of the Terms.

5. Availability of the Website

  • 5.1 - While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
  • 5.2 - Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Paragraphs 5.1 and 5.2 have important legal consequences for you.  In this paragraph: the legal responsibilities and liabilities of Cape Town Tourism are excluded or limited; and any rights you have against us are limited or excluded. We make no promises that the Website or the Content will always be available or that the Website or Content will be available without interruption. As such, should you suffer losses as a result of the Website or Content being unavailable you will not be able to hold us liable. You will not be able to take action against us if you suffer losses or damages as a result of the Website or Content being unavailable.

6. CPA, POPI and other laws

  • 6.1 - If these Terms (or any contract governed by these Terms) or the Content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the "Consumer Protection Act"), the Protection of Personal Information Act, 4 of 2013 ("POPI") or other laws, it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act, POPI or such other laws. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI and such other laws are complied with.
  • 6.2 - No provision of these Terms (or any contract governed by these Terms):
    • 6.2.1 - does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
    • 6.2.2 - requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability;  or
    • 6.2.3 - limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act, POPI or other applicable laws (to the extent applicable) or which we give under the Consumer Protection Act, POPI, or other applicable laws (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

7. Access to technology and the Internet

  • 7.1 - We will not be responsible for your inability to access the Website, Services and Content due to limitations specific to your personal computers, mobile phones, and other similar devices ("Access Device"). To access the Content, you must have an Access Device, which is able to connect to the Internet and to receive Content.
  • 7.2 - You, at your own cost, are responsible for obtaining and maintaining the Access Device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like, needed to access the Internet or to use the Service.
  • 7.3 - We are not responsible for any Internet access charges, service provider charges and data usage charges. These charges must be paid by you or the owner of the Access Device.
  • 7.4 - We will not be responsible for your inability to access the Website, Service and Content due to limitations specific to your Access Device.
Paragraphs 7.1 to 7.4 have important legal consequences for you.  In these paragraphs:
  • our legal responsibilities are excluded or limited;
  • you take on responsibilities and liability; and
  • any rights you have against us are limited or excluded.
You are responsible for ensuring that your Access Device has the necessary software and capabilities to access the Content and that you have access to the technology to use the Website.  It is your responsibility to make sure that you pay all Internet and data charges.  We will not be responsible or liable for any of these charges, or if you cannot access the Website, Services or Content.

8. Links to and from other websites

  • 8.1 - The Website and Content available on or through the Website may contain links to other third party websites, which are completely unrelated to us or our Website. If you link to third party websites, you may be subject to those third party websites’ terms and conditions and other policies.
  • 8.2 - Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely
Paragraphs 8.1 and 8.2 have important legal consequences for you.  In these paragraphs:
  • our legal responsibilities are excluded or limited;
  • you take on responsibilities and liability; and
  • any rights you have against us are limited or excluded.
We are not liable if you suffer losses or damages when visiting another third party website by following a link to that website from our Website.  You accept that there may be risks when you use such third party websites, and you do so at your own risk.

9. Competitions

Cape Town Tourism runs competitions and promotions on the Website or on social media from time, subject to terms and conditions.  The terms and conditions relating to such competitions and promotions will be disclosed on the Website or in other communications made available to you.

10. Intellectual property rights

  • 10.1 - The Content we make available to you through the Website is owned by, or licensed to us, and as such, is protected from infringement by domestic and international law, including intellectual property law. Subject to the rights afforded to you herein, all our rights, including intellectual property rights, in Content displayed on the Website, are expressly reserved.
  • 10.2 - You must not use the Website or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement of our rights (including the intellectual property rights), the rights of our licensors or any third party.
  • 10.3 - All intellectual property rights, including all rights, title and interest in and to the Website and Content, of whatsoever nature existing now and in the future, remain our absolute property and that of our licensors.
  • 10.4 - You will not, at any time, acquire any rights, title, ownership or interest, including any intellectual property rights, in or to the Website or the Content other than those rights expressly granted to you in the these Terms.
  • 10.5 - Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

11. Electronic communications

By using the Website or communicating with us by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing".

12. Disclaimer

  • 12.1 - While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and in this regard, we make no commitment to update such material.
  • 12.2 - The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms whatsoever, including (without limitation) any representations, warranties or conditions as to the operation, integrity, compatibility, availability or functionality of the Website or Content, which, but for the legal notice set out in this paragraph 12, might have effect in relation to the Website.
Paragraphs 12.1 and 12.2 are important legal consequences for you.  In these paragraphs:
  • our legal responsibilities and liabilities are excluded or limited;
  • any rights you have against us are limited or excluded; and
  • you take on the responsibility and risk.
There are things that may go wrong when you use the Website and Cape Town Tourism will not be responsible or liable for anything that goes wrong.  You use the Website knowing and accepting that things can go wrong and there are risks.  We make no promises that the Content will be free from errors or that the Website or Content is suited for your particular needs.  The Content cannot be relied upon to be true or accurate.  As such should you suffer losses for relying on this Content you will not be able to hold us liable.  You will not be able to take action against us if you suffer losses or damages in these circumstances.

13. Data protection

  • 13.1 - We collect personal information from you and you may submit personal information to us. We will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy.
  • 13.2 - By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy.

14. Linking and framing

  • 14.1 - Any third party website may link to the Website provided that such a link is directed at the home page of the Website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of the Website, without our prior written approval.
  • 14.2 - It is expressly prohibited for any person, business, entity, or website to frame any page on the Website, including the home page, in any way whatsoever, without our prior written approval.

15. Agreements in terms of section 21 of the Electronic Communications and Transactions Act

  • 15.1 - No information or data on the Website is an offer but merely an invitation to do business.
  • 15.2 - No agreements shall be concluded merely by sending a data message to the Website or its owners, and valid agreements require an acknowledgement of a receipt from us.

16. Searching technology

The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from the Website is not permitted if such technology will result in slowing down the Website server or copyright infringement of any Content available on or through the Website.

17. Liability

  • 17.1 - Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, and to the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the Services or Content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
  • 17.2 - The Website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the content available on or through the Website will meet your individual requirements and be compatible with your hardware and/or software.
  • 17.3 - Information, ideas and opinions expressed on the Website should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Website.
  • 17.4 - Neither CTT nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the purchase of any third party products or services, or from the use of or inability to use any third party productsor services linked to from, or advertised on our
  • 17.5 - Cape Town Tourism shall not be held liable for any comments or postings you make on any of our social media platforms, including, but not limited to our Facebook page or via our Twitter or Instagram accounts. We do not editorially control such comments or posting and therefore cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory, threatening, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, or blasphemous, comments or postings).
Paragraphs 17.1 to 17.5 have important legal consequences for you and must be read carefully.  In these paragraphs:
  • our legal responsibilities and liabilities are limited or excluded; 
  • the rights or remedies you may have against us are limited or excluded; and
  • you take on the responsibility and risk.
There are things that may go wrong when using the Internet. We are not responsible or liable for anything that goes wrong. You use the Website knowing and accepting that these things can go wrong and that there are risks.  We make no promises that the Content be free from errors or that the Website or Content is suited for your particular needs. The Content cannot be relied upon to be true or accurate.  None of the Content can be considered our opinions or the opinions of our agents or representatives. If you purchase goods or services on third party websites which you have linked to via the Website, CTT will not be liable for any losses you may suffer from your use of or inability to use the goods or services you purchased. You will not be able to take action against us if you suffer a loss or damages in these circumstances.

18. Indemnity

  • 18.1 - As far as the law allows, you indemnify us and agree to hold us, our affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer from a claim, where the claim results from:
    • 18.1.1 - your use and access to the Website, Content and/or the Services;
    • 18.1.2 - you infringing or misusing any rights of any persons, including intellectual property rights in relation to the Website or Content;
    • 18.1.3 - your violation of these Terms; or any comments or postings you may make on any of our social media platforms
Paragraph 18.1 is important and must be read carefully.  It:
  • limits or excludes our legal responsibilities and liability;
  • limits or excludes the legal responsibilities and liability of various persons or entities;
  • places legal responsibilities and liabilities and risks on you.
In certain instances Cape Town Tourism or other persons or entities may have claims for damage caused by you, for example, when you infringe the intellectual property rights of others, make defamatory, threatening, or discriminatory comments of social media, or violate any of these Terms.  You agree to take on responsibility and liability for losses and damages Cape Town Tourism or others persons or entities may suffer, as far as the law allows us to pass this responsibility and liability on to you. You will not be able to take action against us if you suffer losses or damages in these circumstances. your violation of these Terms; or any comments or postings you may make on any of our social media platforms.

19. Severability

  • 19.1 - These Terms together with the Privacy Policy constitutes the entire agreement between you and us in respect of your access to and use of the Website. Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
  • 19.2 - In the event that any term or condition of the use of the Website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

20. Waiver

Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.

21. Applicable and governing law

The Website is hosted, controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use the Website and these Terms.

CAPE TOWN TOURISM PRIVACY POLICY

THIS CAPE TOWN TOURISM PRIVACY POLICY ("PRIVACY POLICY") APPLIES TO HOW WE COLLECT, USE AND PROCESS YOUR PERSONAL INFORMATION WHEN YOU USE ANY OF THE CAPE TOWN TOURISM SERVICES, THE WEBSITE, AND ANY APPLICATIONS.  PLEASE READ THIS PRIVACY POLICY CAREFULLY.  PLEASE NOTE IN PARTICULAR THE PARTS THAT ARE IN BOLD WRITING AS THESE PARTS MIGHT LIMIT OUR RISK OR LIABILITY, REQUIRE YOU TO ASSUME RISK AND LIABILITY FOR CERTAIN ISSUES, OR TO ACKNOWLEDGE CERTAIN FACTS.

1. Scope of the Privacy Policy

  • 1.1 - Introduction and scope
    • 1.1.1 - Cape Town Tourism is a NPO incorporated in the Republic of South Africa under registration number 930014839 (hereinafter referred to as "Cape Town Tourism" or "we" or "us" or "our"). We are the City of Cape Town's official regional tourism organisation and provide destination marketing, visitor and industry services (the "Services").
    • 1.1.2 - This Privacy Policy, which must be read together with our Website terms and conditions as seen above. ("Terms"), sets out the basis on which any Personal Information (defined in paragraph 1 below) we collect from you, or that you provide to us, will be collected, used, stored and processed by us when you use the Website and/or the Services,. Unless defined elsewhere, terms in this Privacy Policy shall bear the same meaning ascribed to them in the Terms.
    • 1.1.3 - Please read this Privacy Policy carefully to understand our views and practices regarding your Personal Information and how we will treat it.
    • 1.1.4 - Cape Town Tourism is committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our Services and your experience.
  • 1.2 - Your consent to the Processing of your Personal Information
    • 1.2.1 - By using the Website you agree to be bound by this Privacy Policy and by agreeing to this Privacy Policy, you provide us with your express consent and agreement that we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, use and share your Personal Information in the ways set out in this Privacy Policy. When we do one of more of these actions with your Personal Information, we are "Processing" your Personal Information.
    • 1.2.2 - If you do not agree with this Privacy Policy, or are concerned about any aspect as it relates to your Personal Information, please do not continue to use the Website.
Paragraph 1.2 has important legal consequences for you.  In this paragraph, you expressly give your permission to us to collect, collate, process, share and use your Personal Information in the manner and for the purposes set out in this Privacy Policy.  By doing this, you know and accept that you are giving up certain parts of your right to privacy. You will not be able to take any action against us for using your Personal Information in a manner for which you have granted your consent, even if you suffer loss or damage.
  • 1.3 - What does this Privacy Policy apply to?
    • 1.3.1 - This Privacy Policy applies to us, and our successors-in-title; and
    • 1.3.2 - you, namely a person who:
      • 1.3.2.1 - browses, uses, accesses, refers to, views and/or downloads the information made available by us on the Website ("Content"); and/or
      • 1.3.2.2 - is or has applied to be part of our membership programme ("Member").
regardless of the device which you use to access the Website, including, but not limited to, internet-connected mobile devices and tablets ("Access Device").
  • 1.3.3 - This Privacy Policy does not apply to other third party websites, products or services, linked to from, or advertised on the Website. .

2. What is Personal Information?

  • 2.1 - "Personal Information" refers to private information about an identifiable person, which includes your name and surname, age, date of birth, contact details (e.g. your home address, postal address, e-mail address or phone number), physical location, social media account details and profile pictures.
  • 2.2 - Other information which might be Personal Information may include:
    • 2.2.1 - "Access Device and Device event information": We may collect information such as your IP address, unique device identifier, the nature of the Access Device which you used to access the Website (e.g. a tablet or smart phone), the geographic location from which you accessed our Website (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes;
    • 2.2.2 - "log information" When you use the Website, we may automatically collect and store certain information in server logs (i.e. our web servers automatically record and maintain a log of their activities when users access the Website , which may include your “site activity information”, such as details of how, when and for how long you accessed the Website , what links you went to, what Content you accessed, the amount of Content viewed and the order of that Content and the amount of time spent on the specific Content;
    • 2.2.3 - "profile information": We may collect and process information and data usage per profile to make targeted recommendations to that profile when logged in to using the Website ;
    • 2.2.4 - "location information": We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the GPS or IP location);
    • 2.2.5 - "Member Information": Members must provide an email address, name, surname, company name, contact number, business address, job title and location in order to submit a membership query ("Membership Query") and Members will need to create a username and password to access their member benefits.
  • 2.3 Some of the information we receive is Personal Information, and some is non-personal information that becomes personal. In some circumstances we will de-identify, anonymise or segregate information so that we may make use of it in aggregate form without treating it as Personal Information.

3. When will we process your Personal Information?

  • 3.1 - In addition to paragraph 4 below, Personal Information may be processed by us in several ways, including, when:
    • 3.1.1 - you access, browse or make use of the Website, and/or the Services;
    • 3.1.2 - you stream, access or make use of the Content;
    • 3.1.3 - we provide the Service to you;
    • 3.1.4 - you log a Membership Query or access your Membership Account;
    • 3.1.5 - you contact us, by email or telephonically;
    • 3.1.6 - we carry out demographic research;  and
    • 3.1.7 - you submit your Personal Information to us for any other reason, or authorise third parties to do so.

4. How we collect your Personal Information

  • 4.1 - We collect your Personal Information in various ways, namely actively from you, passively from your Access Device when you use the Website or from our affiliates and third party service providers.
  • 4.2 - Active collection from you
    • 4.2.1 - If you contact us, we may keep a record of that correspondence.
    • 4.2.3 - The Personal Information we may actively collect from you may include your identifying information (e.g. your name, surname, and physical location), contact details (e.g. e-mail address and phone number).
    • 4.2.4 - We may require you to submit certain information in order for you to submit a Membership Query or to access your Membership Account online, including, but not limited to your company name, contact number, business address, job title and location.
  • 4.3 - Collection from your Access Device
    • 4.3.1 - We passively collect some of your Personal Information from the Access Device which you use to access the Website , using various technological means, for instance, using server logs to collect and maintain log information.
    • 4.3.2 - We also use cookies and anonymous identifiers which enable our computer system to recognise you when you next visit the Website or use the the CTT App to distinguish you from other users and to improve our service to you, to make the Website more user-friendly, as well as to give you a more personalised experience.
    • 4.3.3 - A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit the Website or use the the CTT App and which is stored in your web browser. When you visit the Website or use the CTT App again, the cookie allows the site to recognise your browser. Cookies may store user preferences and other information.
    • 4.3.4 - You may disable the use of cookies by configuring your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do so, you may not be able to enjoy all of the features and functionality of the Website .
    • 4.3.5 - The information which we may passively collect from your Access Device may include your identifying information, contact details, Device and Device event information, site activity information, log information, location information, and any other information which you permit us, from time to time, to passively collect from your Access Device.

5. How we use your Personal Information

  • 5.1 - We use the information we collect to provide, maintain, and improve the Services, to develop new services, and to protect us, our Services and our users. We constantly strive to improve our users' experience, and so we also use the information we collect in order to offer you more relevant information and Content.
  • 5.2 -We may use your Personal Information to:
    • 5.2.1 - to retain and make available to you information on the Website;
    • 5.2.2 - to establish and verify your identity on the Website;
    • 5.2.3 - fulfil your requests for certain Services;
    • 5.2.4 - diagnose and deal with technical issues and support queries and other user queries, such as problems with our server, determine the optimal and fastest route for your Access Device to use in connecting with the Website, and administer, maintain and secure the Website;
    • 5.2.5 - detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of the Website and/or contravention of this Privacy Policy;
    • 5.2.6 - provide you with the latest information about our Services, subject to your communications preferences;
    • 5.2.7 - to communicate with you and maintain records of our communications with you, including to inform you about any changes to the Website, our Services, our Terms, this Privacy Policy or other changes that are relevant to you;
    • 5.2.8 - compile non-personal statistical information about browsing habits, click patterns and access to the Website;
    • 5.2.9 - improve the Website, analyse trends and administer the Website, including requesting feedback on Content and the Services;
    • 5.2.10 - fulfil any contractual obligations we may have to you or any third party;
    • 5.2.11 - improve your user experience and the overall quality of our Services;
    • 5.2.12 - for security, administrative and legal purposes;
    • 5.2.13 - if you are a Member, create your Membership Account and to ensure that we do not duplicate an existing user account on the Website; and
    • 5.2.14 - other activities not specifically mentioned which are lawful, reasonable, relevant to our business activities and the minimum necessary and adequate in order for us to provide the Website and our Services.
  • 5.3 - We will get your permission before collecting or using your Personal Information for any other purpose.

6. Sharing of Personal Information

  • 6.1 - We will not intentionally disclose any of your Personal Information to third parties, except (i) when we have your permission to do so, (ii) for the purposes of our legitimate business interests, or (iii) where we are required to do so in terms of applicable law or regulation.
  • 6.2 - You agree that your Personal Information may be shared under the following circumstances:
    • 6.2.1 - with affiliates, agents, advisers, service providers and suppliers which have agreed to be bound by this Privacy Policy;
    • 6.2.2 - with our employees, contractors and agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as site hosting, development and administration, technical support, marketing services and other support services;
    • 6.2.3 - in order to enforce or apply our Terms or any other contract between you and us;
    • 6.2.4 - in order to protect our rights, property or safety or that of other users, employees, contractors, agents and any other third party;
    • 6.2.5 - in order to mitigate any actual or reasonably perceived risk to us, other users, employees, contractors, agents or any other third party; and
    • 6.2.6 - with governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary.
  • 6.3 - We may use your Personal Information to compile profiles for statistical purposes, provided that the profiles or statistical data cannot be linked back to you by a third party.
  • 6.4 - We will get your permission before disclosing your Personal Information to any third party for any other purpose.

7. Storage and transfer of your Personal Information

  • 7.1 - We store your Personal Information on our servers and/or on third party servers.
  • 7.2 - We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, and such jurisdiction may not have comparable data protection legislation.
  • 7.3 - If the location that Personal Information is transferred to does not have substantially similar laws which provide for the protection of Personal Information, we will take reasonably practicable steps to ensure that your Personal Information is adequately protected in that jurisdiction.

8. Security

  • 8.1 - Although absolute security cannot be guaranteed on the Internet, we take reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we Process online.
  • 8.2 - While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
  • 8.3 - We will take reasonable, practicable steps to ensure that the persons to whom your Personal Information may be disclosed in terms of this Privacy Policy have implemented, and maintain, the appropriate technical and organisational measures aimed at preventing unauthorised access to, or disclosure of your Personal Information.
Paragraph 8 has important legal consequences for you which:
  • excludes or limits Cape Town Tourism's legal responsibilities;
  • limits or excludes rights and claims you have against Cape Town Tourism;  and
  • places legal responsibilities and liabilities and risks on you.
You know and accept that the Internet is not absolutely secure and there is a risk that your Personal Information will not be secure when transmitting over the Internet.  We do not promise that we can keep your Personal Information completely secure over the Internet. You also know and accept that we do not promise the complete security of your Personal Information.  You will not be able to take action against us if you suffer losses or damages in these circumstances.

9. Retention of your Personal Information

  • 9.1 - We may retain all Personal Information that we collect from you so long as it remains necessary for the purposes for which it was collected unless there is a valid technical, legal or business reason for us to delete, destroy or de-identify it.
  • 9.2 - Further, we may keep some of your Personal Information for as long as we are required by law, a code of conduct or we reasonably need it for lawful purposes related to our functions and activities; we reasonably need it for evidentiary purposes or you agree to us keeping it for a specific period.

10. Keeping your Personal Information updated and correct

  • 10.1 - To the extent required by law, we will take steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date having regard to the purpose for which the information was collected or used.
  • 10.2 - You must let us know if you believe any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in paragraph 16
  • 10.3 - You may request that your Personal Information be deleted if it is no longer required for the purposes for which it was collected or required by us in terms of any applicable law.

11. Third party sites

  • 11.1 - We are not responsible for the privacy practices of a third party site to which there may be a link on the Website, and/or any Content on the Website.
  • 11.12 - We advise you to read the terms and conditions, as well as the privacy policy of each site which you visit and to determine your privacy settings in accordance with your personal preferences.
Paragraph 11 has important legal consequences for you.  It:
  • excludes or limits Cape Town Tourism's legal responsibilities;
  • limits or excludes any rights you have against Cape Town Tourism;  and
  • places legal responsibilities, liabilities, and risks on you.
Cape Town Tourism is not liable if you suffer losses or damages when visiting another third party, including Member, website by following a link to that website from the Website.  You accept that there may be risks when you use such third party, including Member, websites and you do so at your own risk.

12. Direct marketing

  • 12.1 - When you use the Website, and/or the Services you may receive marketing communications from us.
  • 12.2 - You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing ("direct marketing communications").
  • 12.3 - You may opt out of receiving direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.
  • 12.4 - If you have opted-out, we may send you written (which may include electronic writing) confirmation of receipt of your opt-out request, and not send you any further direct marketing communications.
  • 12.5 - You may (in terms of the Consumer Protection Act, 2008) register a pre-emptive block against direct marketing communications. If you do so, we will not send you direct marketing communications unless you have expressly consented to receiving direct marketing communications unless you have expressly consented to receiving direct marketing communications from us.

13. Changes to this Privacy Policy

  • 13.1 - We change this Privacy Policy from time to time.
  • 13.2 - You agree to review the Privacy Policy whenever you visit the Website for any amendments. Save as expressly provided to the contrary in this Privacy Policy, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.
  • 13.3 - We will not use or disclose Personal Information provided to us pursuant to this Privacy Policy in ways other than the ones contemplated above, without informing you and providing you with the opportunity to consent to such modified conditions concerning the use and disclosure of your Personal Information.

14. CPA, POPI and other laws

  • 14.1 - If this Privacy Policy or any provision in this Privacy Policy is regulated by or subject to the Consumer Protection Act, 68 of 2008 ("Consumer Protection Act") the Protection of Personal Information Act, 4 of 2013 ("POPI") or other laws, it is not intended that any provision of this Privacy Policy contravenes any provision of the Consumer Protection Act, POPI or such other laws. Therefore all provisions of this Privacy Policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPI and such other laws are complied with.
  • 14.2 - No provision of this Privacy Policy:
    • 14.2.1 - does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
    • 14.2.2 - requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
    • 14.2.3 - limits or excludes any warranties or obligations which are implied into this Privacy Policy by the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPI (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.

15. Governing law

  • 15.1 - The contents of this Privacy Policy shall be governed by South African law.
  • 15.2 - If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced unless a court of competent jurisdiction determines that the substantive purpose of this Privacy Policy is then frustrated, in which case, you may contact Cape Town Tourism at the address contemplated in paragraph 16 below in order to opt-out of the Privacy Policy

16. How can I contact Cape Town Tourism?

  • If you have any questions, queries or wish to request permission to use any part of the Website, including linking, framing, searching, please contact us at:
Street address The Pinnacle Building, Cnr Burg and Castle Street, Cape Town, 8000
Postal address PO Box 1403, Cape Town, 8001
Contact information 021 487 6800
Email address website@capetown.travel