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Privacy Policy

By using our website or services, you agree to the terms outlined here. Please review them carefully.

Table of Contents

D’Ouwe Werf Hotel (Pty) Ltd (“Oude Werf”/“WE”/“US”/“OUR”) operates the https://www.oudewerf.co.za website and the “Genie Self-Service Portal”.
This Privacy Policy is aimed at protecting the privacy of you, the authorised user of our Services, and to help you understand how we collect and use the information we obtain as a result of your use of our Services.
BY USING THIS WEBSITE AND/OR APPLICATIONS, YOU UNCONDITIONALLY AND IRREVOCABLY CONFIRM YOUR ACCEPTANCE OF THIS PRIVACY POLICY.

Interpretation

1.1 Words and expressions defined in this Privacy Policy shall have the same meaning herein unless otherwise expressly indicated.

1.2 In this Privacy Policy, unless the context otherwise indicates:

1.2.1 “Companies Act” means the Companies Act, No. 71 of 2008 and includes the regulations published under that Act, and any amendments to that Act and/or the regulations from time to time (if any);

1.2.2 “Data” means all data provided by you to us, including your Personal Information;

1.2.3 “ECTA” means Electronic Communications and Transactions Act 25 of 2002 and includes the regulations published under that Act, and any amendments to that Act and/or the regulations from time to time (if any);

1.2.4 “Personal Information” has the meaning assigned to that term in the POPI Act;

1.2.5 “Processing” has the meaning assigned to that term in the POPI Act;

1.2.6 “Platforms” means the https://www.oudewerf.co.za website, and the “Genie Self-Service Portal”;

1.2.7 “POPI Act” means Protection of Personal Information Act No. 4 of 2013 and includes the regulations published under that Act, and any amendments to that Act and/or the regulations from time to time (if any);

1.2.8 “RSA” means the Republic of South Africa;

1.2.9 “Services” means all the services offered via our Platforms; and

1.2.10 “Terms and Conditions” means the terms and conditions for use of our Services displayed on the applicable Platform.

Processing of Data

3.1 Oude Werf shall take reasonable precautions to protect your Data from unauthorized use and disclosure. In this regard, Oude Werf undertakes not to sell, rent or lease your Data to unauthorised third parties for their independent use, without your consent.

3.2 Oude Werf shall take reasonable technical, administrative and physical measures to protect Data contained in Oude Werf’s database against misuse, loss, damage, unauthorised alteration and/or destruction, unlawful access and Processing (the “Risks”).

3.3 Oude Werf is aware of the Risks and has put appropriate safeguards in place to mitigate the identified Risks. Oude Werf regularly verifies that the safeguards are effectively implemented and ensures that the safeguards are reasonably continually updated in response to new risks or deficiencies in previously implemented safeguards.

3.4 Keep in mind however, that no method of transmission over the internet, or method of electronic storage is 100% secure. Therefore, while Oude Werf shall strive to use commercially acceptable means to protect your Personal Information, Oude Werf cannot guarantee its absolute security.

3.5 Accordingly, Oude Werf provides no guarantees that the Platforms will be free of observance by third parties, viruses or any other contaminating or destructive properties and you hereby accept sole risk and responsibility in respect of the use of the Platforms.

3.6 Oude Werf cannot enforce or control the security of the computers, electronic devices, or electronic communication method that you may utilize to send e-mails and submit Data to Oude Werf over the internet.

3.7 You are responsible for ensuring that the computers, electronic devices and electronic communication methods that you utilize will provide adequate security for communicating with Oude Werf.

3.8 Oude Werf shall not be held liable for unauthorised access or distribution of your password. It is your responsibility to choose secure passwords and to keep them safe. Oude Werf cannot be held responsible for Data that is compromised due to an insecure or stolen or breached password. If you are authenticating with Oude Werf via a third party, those passwords must also be secured at your own risk.

Protection of your data
  1. Oude Werf shall take reasonable precautions to protect your Data from unauthorized use and disclosure. In this regard, Oude Werf undertakes not to sell, rent or lease your Data to unauthorised third parties for their independent use, without your consent.
  2. Oude Werf shall take reasonable technical, administrative and physical measures to protect Data contained in Oude Werf’s database against misuse, loss, damage, unauthorised alteration and/or destruction, unlawful access and Processing (the “Risks”).
  3. Oude Werf is aware of the Risks and has put appropriate safeguards in place to mitigate the identified Risks. Oude Werf regularly verifies that the safeguards are effectively implemented and ensures that the safeguards are reasonably continually updated in response to new risks or deficiencies in previously implemented safeguards.
  4. Keep in mind however, that no method of transmission over the internet, or method of electronic storage is 100% secure. Therefore, while Oude Werf shall strive to use commercially acceptable means to protect your Personal Information, Oude Werf cannot guarantee its absolute security.
  5. Accordingly, Oude Werf provides no guarantees that the Platforms will be free of observance by third parties, viruses or any other contaminating or destructive properties and you hereby accept sole risk and responsibility in respect of the use of the Platforms.
  6. Oude Werf cannot enforce or control the security of the computers, electronic devices, or electronic communication method that you may utilize to send e-mails and submit Data to Oude Werf over the internet.
  7. You are responsible for ensuring that the computers, electronic devices and electronic communication methods that you utilize will provide adequate security for communicating with Oude Werf.
  8. Oude Werf shall not be held liable for unauthorised access or distribution of your password. It is your responsibility to choose secure passwords and to keep them safe. Oude Werf cannot be held responsible for Data that is compromised due to an insecure or stolen or breached password. If you are authenticating with Oude Werf via a third party, those passwords must also be secured at your own risk.
Direct Marketing

4.1 Oude Werf may send you direct marketing communications and information about our Services and/or properties similar in nature to those in which you initially displayed an interest.

4.2 These communications may be sent in various forms, including e-mail, SMS and phone calls. If you indicate a preference of communication, we will endeavour to use that method whenever practical to do so.

4.3 If you do not wish to receive our direct marketing, you may simply opt out by sending an e-mail of your intention to opt-out to [email protected] and Oude Werf shall remove and delete your Personal Information from our mailing list.

Updating your data

5.1 You shall ensure that the Personal Information is complete, accurate, not misleading and updated where necessary from time to time.

5.2 In the event that you wish to update or amend the Data that you have submitted to us, you may e-mail the amended Data to [email protected] and Oude Werf shall update your Data and our mailing list accordingly.

Retention of data

The period for which Oude Werf will retain your Data will depend on: the purposes for which the Data was collected, whether you have requested deletion of the Data, applicable limitation periods stipulated in POPI or other legislation, whether any legal or regulatory obligations require the retention of the Data and good practice or our business interests. We will not retain Data about you for longer than is necessary to fulfil the purposes for which the Data was collected.

Amendments to this privacy policy

7.1 Subject to clause 7.2, Oude Werf reserves the right to change and/or amend this Privacy Policy in any manner at any time without prior notice.

7.2 In the event that Oude Werf makes material changes and/or amendments to this Privacy Policy, Oude Werf will place a prominent notice on its Platform to advise you to inspect and inform yourself of the updated Privacy Policy.

7.3 The most recent version of this Privacy Policy will govern the respective rights and obligations between you and Oude Werf regarding its subject matter.

Intellectual Property

Any and all intellectual property, howsoever constituted, in respect of the Platforms is the sole and exclusive property of Oude Werf, and you irrevocably and unconditionally undertake in favour of Oude Werf that you shall not, under any circumstances whatsoever, infringe our rights to such intellectual property or challenge or dispute Oude Werf ’s right to such intellectual property.

Links to other websites

9.1 The Platforms may contain links to other websites. Oude Werf is not responsible for the privacy practices of these websites and you are obliged to familiarise yourself with the terms and conditions and privacy policies of these other websites.

9.2 Should you share our Platform or Oude Werf content on any social media platform such as Facebook, Instagram, Twitter and LinkedIn, your activity may be visible to third parties depending on the privacy settings chosen by you on the applicable social media platforms.

9.3 For the avoidance of doubt, this Privacy Policy only applies to Oude Werf’s Platforms and we are not responsible for the use by such third parties of your Data.

Other

Any questions, queries, comments or complaints concerning this Privacy Policy and/or your Personal Information may be directed to: [email protected].

Severability

All terms and provisions of this Privacy Policy are deemed to be independent of each other and accordingly, if any term is found to be invalid, unlawful or unenforceable, such term or provision shall be deemed to be pro non scripto and the remainder of the Privacy Policy shall continue to be of full force and effect.

Applicable Law

The Terms and Conditions shall be governed by the laws of the Republic of South Africa. The user herby consents to the exclusive jurisdiction of the courts of South Africa in respect to any disputes arising out of or in connection with this website, or these terms and conditions or any matter related to or in connection therewith.

Cession

13.1 You hereby irrevocably and unconditionally consent to Oude Werf providing all your Personal Information to its successor in title for the purpose of carrying on the business of Oude Werf.

13.2 You may not cede any of your rights under this Privacy Policy to any other person.

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    30 Church St, Stellenbosch Central, Stellenbosch, 7600
    Cape Town, South Africa

    [email protected]
    t: +27 (0)21 887 4608
    f: +27 (0)21 887 4626
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