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Privacy Policy

1. Introduction

Cape Grace Hotel Proprietary Limited (Registration Number 1996/000866/07) (“we”, “our”, “us”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website www.capegrace.com,  including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this privacy policy carefully. If you do not agree with the terms of this privacy policy, please do not access the site.

 

This Privacy Policy together with our Terms and Conditions (which is available on our website) forms the basis on which the Cape Grace may collect personal data from you, or how personal data is provided to us, and how the Cape Grace will utilise this information in the ordinary course of business. This privacy policy governs the www.capegrace.com website and other personal information acquired through communication with the Cape Grace.

 

Personal information includes

  • information that we collect automatically when you surf our website namely www.capegrace.com.
  • information we collect when you make use of the goods and services as offered on our website;
  • information that we collect through various other means stated in this policy; and
  • information that you provide to us of your own free will;

 

but excludes

  • information that has been made anonymous so that it does not identify a specific person;
  • permanently de-identified information that does not relate or cannot be traced back to you specifically;
  • non-personal statistical information collected and compiled by us; and
  • information that you have furnished voluntarily in a public environment or forum including any blog or discussion board (as the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).

 

Examples

Common examples of the types of personal information which we may collect, and process include your:

  • identifying information – such as your title, name and surname, and identification number of any kind;
  • contact information – such as your phone number and email address;
  • address information – such as your addresses nationality and resident status;
  • reservation information – arrival date, departure date, travel agent information, company information, accompanying guest (can include details of children e.g. name and surname and age);
  • history and future reservation information – record of previous stays including the spend as well as future reservation details;
  • other information – personal preferences and special requests; restaurant orders and other charges, call details from guest’s room, vehicle registration number and surveillance for security purposes in public areas;
  • loyalty programme information – membership number and status earned;

 

We may also collect sensitive personal information including your

  • financial information – such as your credit card and / or bank account details (including proof of payments); and
  • medical and health information – such as information about your physical health, including wheelchair accessibility requests, dietary requirements, allergy information, information shared prior to SPA treatments.

The effective date of this amended Privacy Policy is 24 July 2024

 

2. Collection of Information

During your engagements with Cape Grace, we collect certain Personal Data in accordance with the law, specifically the Promotion of Access to Information Act 2 of 2000 (“PAIA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and the Protection of Personal Information Act 4 of 2013 (“POPI”).

 

The information collected by Cape Grace may include your name(s), gender, identification information, nationality, addresses, contact details, language preference, personal preferences, credit history, previous interactions with Cape Grace and its affiliates, data contained on public social media platforms, security footage and images, and credit or debit card numbers for online payment purposes.

In terms of the Protection of Personal Information Act (“POPI”), specifically sections 3 and 5, you have certain rights in respect of your personal information. Cape Grace encourages you to read and understand your rights in terms of the purposes of this Act.

 

 

3. Methods of Collection of Personal Data

Personal Data is collected by a number of different means, including the following:

 

3.1. Online Services

Personal Data is received by Cape Grace whenever you supply your personal information via our Fairmont.com Booking Engine for the purposes of booking a reservation, making payment for goods and services, or otherwise communicating with us. You may choose not to provide certain Personal Data, but that may limit the services or products that you may wish to obtain from Cape Grace.

You can access the Fairmont.com Terms & Conditions here: https://www.fairmont.com/terms-and-conditions/

Cape Grace also receives various types of information from you when you access our website, including personal information or data as detailed in the Promotion of Access to Information Act, the Protection of Personal Information Act and Section 1 of the Electronic Communications and Transactions Act.

 

3.2. Onsite Interactions

Cape Grace acquires Personal Data when guests visit the premises in order to make use of our services and goods, which services and goods include, but are not limited to, guest accommodation, concierge services, restaurant(s), retail store(s), transport services and event management.

 

3.3. Customer Care Services

Personal Data is collected when guests or other persons make use of our customer services via telephone, electronic mail or online chat. These communications may be recorded for the purposes of quality assurance and training.

 

3.4. Business Transactions

We collect the Personal Data of companies and persons with whom we contract to provide Cape Grace and its guests with various goods and services.

 

3.5. Promotional Information:

Cape Grace aspires to provide first-class service to its customers, which necessitates Cape Grace providing information to you regarding new services or special offers. In each instance, you are provided an opportunity to opt-out of such information circulars. For more information, please call +27 21 410 7100, or send an e-mail to capegrace.info@fairmont.com.

 

 

4. Collection of Other Data

Cape Grace may collect network or traffic data related to your use of and access to our services available on our website. Such data would include, but not be limited to, IP addresses, device and bowser data, location information, user preferences, program usage, number of page visits, page views and time spent using our online services. We use this information for security purposes, research, segmentation of our customer base, marketing our services and to ensure that our online services are operating effectively. Cape Grace also uses this information to determine use of the website and to improve the content therein.

 

You may visit the website without providing any personal information. You accordingly hereby grant express written permission for the website servers to collect the aforementioned data, but not the user’s e-mail address or any other distinguishing information. We may also aggregate data that has been collected and this aggregated data will not personally identify you or any other user. Cape Grace assumes no obligation to protect this information and may copy, distribute or otherwise use such information without limitation.

 

Subject to the Regulation of Interception of Communications Act 70 of 2002 (“RICA”), you agree that Cape Grace may intercept, block, read, delete, and use all communications sent or otherwise communicated to Cape Grace, its employees, directors and agents. You agree that your consent satisfies the requirements of ECTA and RICA for consent in “writing” as defined.

 

We manage central booking engines for our hotel, in order to collect the information pertaining to your reservation and then distribute this to the Cape Grace Hotel.  We also manage a global database of guests staying at our Hotel as well as managing the loyalty programme. We may transfer personal information outside of South Africa and process it there.  Personal information may thus be stored on servers located outside South Africa.

 

5. Methods of Collection of Other Data

To ensure acquaintance with and awareness of the privacy measures and polices of Cape Grace, you are urged to take care to read and understand the ways in which information is received by Cape Grace:

 

5.1. Unsolicited Information

If you post unsolicited content or other information to the website, unless otherwise indicated, then you grant to Cape Grace a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. You grant to the Cape Grace the right to use the name that you submit in connection with such information. You warrant that you own or otherwise control all of the rights to the information that you post; that the information is accurate; that by the supply of the information to Cape Grace, you do not violate this Policy and do not infringe the rights of any person or entity; and that you hereby indemnify Cape Grace against all claims resulting from the receipt by Cape Grace of the information you supply to it. Cape Grace reserves the right but not the obligation to monitor and edit or remove any information posted to public pages. Cape Grace takes no responsibility and assumes no liability for any information posted by you or any third party.

 

5.2. Internet Browser or Device Information

We collect certain data through your browser or device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version, and the name and version of the Online Services (such as the Apps) you are using. We use this data to ensure that our online services function properly.

 

5.3. Location services

When you visit the website, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city within which you are located and to display a location map containing relevant information. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set forth above, you may turn off the location services for the website under your account or browser settings, or in your mobile phone settings.

 

5.4. Cookies

We collect certain data from cookies, which provide us with data such as browser type, time spent using our online services, pages visited, referring URL, language preferences and other aggregated traffic data. We use this data for security purposes, to facilitate navigation, to display data more effectively, to collect statistical data, to personalise your experience while using our online services and to recognise your computer to assist you in using our online services in future. We also gather statistical data to continually improve website and application design and functionality, and to assist us in understanding how they are used by customers.

 

Cookies further allow us to select which advertisements or offers are most likely to appeal to you and display them while you are using the online services or to send marketing e-mails. Cookies also allow us to track customer responses to online advertisements and marketing emails.

 

If you do not want data collected with cookies, you can choose whether or not to accept cookies by changing your browser settings. However, if you do not accept cookies, you may experience inconvenience in your use of our website. For example, we will not be able to recognise your computer and you will need to log in every time you visit. You also will not receive advertisements or other offers from us that are relevant to your interests and needs.

 

5.5. IP Address

Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP address is identified and logged automatically in our server log files when a user accesses our website, along with the time of the visit and the pages that were visited. We use IP addresses to determine usage levels of our online services and to diagnose server problems.

 

5.6. Target Adverts

While you are logged onto the website, we may display targeted adverts and other pertinent information based on your personal information.

 

 

6. Use of Personal and Other Data

We may use your information to confirm that your booking has been received; to validate you as a guest when using our services and calling us; to prevent and detect criminal activity, fraud and misuse of or damage to our services or network; to prosecute those responsible and to contact you to invite you to form part of our customer panel or various research groups.

We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, credit scoring and improving business efficiencies.

 

We may use personal information collected about you to contact you by post, telephone and electronic mail (that is e-mail, picture, video and short message service) about functionality changes to our website or changes to our Terms and Conditions of use and to communicate with you regarding the use of our services.

 

We may use the information collected about you to contact you by post or telephone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.

Subject to your preferences in respect of each of our services, selected third parties may use the personal data collected about you to contact you in respect of information that you might find interesting.

 

7.  Access to and Disclosure of Personal and Other Data

You have the right to access information that we hold about you. The information about you which has been collected by Cape Grace shall be made available to you upon request.

 

Cape Grace provides its products and services in conjunction with its affiliates and subsidiaries. Personal Data is shared with those affiliates and subsidiaries, should they require it, in order to give effect to transactions that you choose to enter into. In this regard, and unless specifically restricted by you from the license below, you hereby and when entering into the specific transactions in question expressly grant in writing to Cape Grace and its affiliates and subsidiaries the right to collect and use, the Personal Data provided by you, for the purposes set out above. We may also share your personal information with various outside third parties.

 

Cape Grace may enter into business arrangements whereby its customer base is considered one of its most valued assets. In such an event, customer information will be one of the transferable assets. When Cape Grace is served with due legal process requiring the delivery of personal information, it has the legal duty to abide by that demand, and will do so. Cape Grace may also impart personal information if permitted or required to do so by law, or to protect and defend the rights or property of Cape Grace.

 

 

8. Security

Although Cape Grace takes all reasonable measures to ensure the security and confidentiality of your personal information, internet-based communications can be intercepted. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.

 

Cape Grace will not be responsible for any damages, loss, harm or expenses you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Cape Grace through the internet, or that you expressly or implicitly authorise the Cape Grace to make, or for any errors in or changes made to transmitted information.

 

We are not responsible for, nor give any warranties, nor make any representations in respect of the privacy policies or practices of linked or any third-party websites from capegrace.info@fairmont.com.  We prevail upon you to carefully review the privacy statement of websites you choose to link to from ours so that you can understand how those websites collect, use and share information.  We are not responsible for privacy statements or other content on websites outside of Cape Grace’s website.

 

 

9. Retention

The periods for which we keep your personal information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to store your information, however, we will not keep it for longer than necessary for the purpose for which the personal information was collected or for which it is to be processed.

 

10. Changes to our Privacy Policy

Cape Grace reserves the right to change, modify, add to or remove from portions or the whole of this Privacy Policy from time to time. Changes to this policy will become effective upon such changes being posted to this website. It is your responsibility to periodically check this policy at the website for changes or updates. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by this policy, including such changes or updates.

 

11. Contact details

If you need to contact Cape Grace for purposes related to this Privacy Policy, please use the following:

Telephone: +27 21 410 7100

Fax: +27 21 419 7622

E-mail: capegrace.info@fairmont.com

Website: www.capegrace.com

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