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Privacy Policy

Shark Encounters Pty Ltd Privacy Policy

PAYMENT TERMS & CONDITIONS:
Should we cancel a trip and you have already paid, you will be refunded. Please cancel 7 days in advance as per our cancellation policy. Should you not arrive for your trip, you will be billed.

REFUND POLICY:
Sharks are wild animals and their presence cannot be guaranteed. In the event that there is no shark activity while on a shark cage diving tour with Shark Encounters, then a voucher will be offered. This voucher is not transferable – your name and passport number will be recorded on the voucher. If a shark has been sighted from the boat, we will consider that a successful trip.

In the event of illness, hospitalisation, accident or death (with the necessary proof and discretion of management) a full refund will be considered.

The vehicle transfer fee is non-refundable.

CONSERVATION & EDUCATION
We can guarantee a marine biologist on board who will educate you on our favourite apex predator and other shark species seen.

WEATHER:
Our trips are weather dependent and times can vary. We will confirm the time you need to be with us the afternoon prior to your trip once we have done a detailed weather check. Should sea and weather conditions unexpectedly change while at sea, it may affect your time to dive in the cage. (this would be unusual as our team does regular weather checks.)

MEDICAL CONDITIONS:
Do you have any of the following medical conditions our crew should be aware of?
Epilepsy/ Seizures, Asthma, High Blood Pressure/ Heart conditions, Diabetes, Other? Please inform our reservations team, so we can take good care of you.

LIABILITY:
Guests must sign an indemnity form prior to the activity thereby acknowledging that the activity is undertaken at own risk. Any unaccompanied minor (under 18 years of age) requires the indemnity to be signed by a parent/legal guardian prior to the activity.

Our indemnity reads as follows: I am aware that cage diving, shark diving and boating are potentially hazardous activities, and I am voluntarily participating in these activities with knowledge of the danger involved and hereby agree to accept all the risks of injury or death. I further understand that by signing this document, I am releasing any claims I have against Shark Encounters (Pty) Ltd, or any other person employed or otherwise associated with them, from liability, property damage and or wrongful death arising from the boating or diving activities that I wish to engage in. I understand that I am responsible for my participation in the boating and or diving activities engage in. I understand that in the event that there is no shark activity while on a shark cage diving tour with Shark Encounters, then a voucher will be offered. This voucher is not transferable – your name and passport number will be recorded on the voucher.

All terms and conditions are subject to South African Law & Jurisdiction.

A STARRING ROLEPHOTOGRAPHIC MATERIAL:
We take photographs, films and videos (including in electronic format) of our guests during the excursion, and may use such photographic, film and video material for the purpose of any advertising or brochure productions, which the client irrevocably gives his consent thereto, and without any consideration being payable to the client.

Shark Encounters (Pty) Ltd is a business in the activity industry

Return and Refunds policy
The provision of goods and services by Shark Encounters (Pty) Ltd is subject to availability. In cases of unavailability, go to Shark Encounters (Pty) Ltd every endeavor to rebook/reschedule the service. If that is not possible, it will be considered to refund the client as soon as possible.

Customer privacy policy
Shark Encounters (Pty) Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569
Payment options accepted
Payment may be made via Visa, MasterCard, credit cards for online bookings. Bank transfers or cash will only be accepted for direct bookings into the Shark Encounters (Pty) Ltd bank account, the details of which will be provided on request
Credit card acquiring and security
Credit card transactions will be acquired for Shark Encounters (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by Shark Encounters (Pty) Ltd separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Responsibility
Shark Encounters (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods
Country of domicile
This website is governed by the laws of South Africa and Shark Encounters (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other
documents or communication of whatsoever nature.
Variation
Shark Encounters (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Company information
This website is run by Shark Encounters (Pty) Ltd based in South Africa trading as Shark Encounters (Pty) Ltd with company registration number 2017/172174/07.

Shark Encounters (Pty) Ltd
Email:reservations@sharkencounters.co.za
Tel: 076 984 4372

Activitar Privacy Notice

This privacy notice forms part of your agreement with Activitar.

During our interactions, you share personal information with Tornado Tour Systems (Pty) Ltd, trading as Activitar, registration number 2004/000954/07.

This notice tells you what to expect when we collect information from you and how we use it.

It is part of our agreement with you, and we may need to update it occasionally. When we do, we will inform you. You should read this notice along with our terms and conditions that apply to the products and services you use.

If you have any questions about this policy, please contact us by email at privacy@activitar.com or by phone on +27 61 541 3986

We collect your information:

We collect your information in the circumstances outlined below. Sometimes we are required by law to collect your information, for instance, if tax legislation forces us to collect personal information.

When you sign up for and implement our reservation system and online distribution service

We need some general information before we can enter into an agreement and you can begin to use our reservation system and online distribution service.

We collect your:

  1. company name

  2. contact details

  3. VAT number

  4. banking details

  5. details related to your operating processes and offerings

  6. details contained in your company registration documents

  7. identity documents of your mandated officials

  8. proof of address of your mandated officials

  9. proof of banking details

We use this information to:

  1. load you on our services and configure the system

  2. set up and process payments via the payment gateway

  3. communicate with you

  4. provide training

  5. process orders

  6. provide your offerings to clients via activitar.com

  7. provide support

  8. send you statements, receipts, invoices or any other legal documents that relate to your transaction

  9. fulfill our legal obligation to use or disclose your information

Legal basis for processing:

Data protection legislation allows us to process personal information when it is necessary for the performance of a contract with you. In other instances, we are required by law to collect your information, for instance tax legislation forces us to collect personal information.

When you use our service

In order for our service to function properly, ‘customer data’ is generated and collected. This includes your, and your clients’ personal information. We collect your clients’ names, contact details, and details about their bookings.

We use customer data to process bookings and reservations on our reservation system and distribution service, to analyse and improve our services and to identify and solve problems where they may appear.

Legal basis for processing:

Data protection legislation allows us to process personal information when it is necessary for the performance of a contract with you.

When you contact us, we collect information from your message

When you contact us by social media, email, our support service or telephone with a query, complaint, or request, we collect the information contained in your message. We use the information we collect to reply to, investigate, and resolve your query, complaint, or request.

Legal basis for processing:

Data protection legislation allows us to process personal information when it is in our interest and we have chosen the least invasive way to process the information. It is in both our interest to reply to, investigate, and resolve your queries, complaints, and requests.

We use your information to send you our newsletter

We have a monthly newsletter that is delivered by email.

We’ll ask you whether you want to receive the newsletter, if you agree it is important that you know you can unsubscribe at any time by following the unsubscribe link at the bottom of the email or by contacting us.

Legal basis for processing:

Data protection legislation allows us to process personal information when you have given us your express consent.

What about children’s information?

We do not knowingly collect the personal information of children without the consent of a parent or guardian.

We share your information with trusted service providers

We use service providers and suppliers who we trust to assist us in providing our services to you. They have agreed to keep your information secure and confidential, and to only use it for the purposes for which we have sent it to them.

We share your information with service providers when they help us to:

  1. store information

  2. process payments

  3. ensure you have access to the services you paid for

  4. deliver our newsletter

  5. help monitor the effectiveness of our promotions and advertising

  6. help us manage our business, for instance accountants and professional advisors.

  7. maintain our website

  8. find and fix errors and performance issues on our website

Sometimes we will be required by law to share your information. For instance, we may be required to share your information with the South African Fraud Prevention Services. We will not sell your information or share information with third parties for the purposes of direct marketing (we don’t like spam either).

We send your information to other countries

Some of the service providers that we use may be located in other countries; for instance, our cloud storage service. These countries may not have the same levels of protection of personal information as South Africa. If this is the case, we require that they undertake to protect the personal information of our customers to the same level that we do.

We don’t keep your information longer than we need to

We will not retain your information for longer than we need to, unless we are legally required to do so. Most of your personal information will be retained for 5 years from the date of your last transaction with us. However, we may keep your contact details for longer for marketing and mailer purposes.

We have taken reasonable steps to minimise the impact of a breach

We have implemented reasonable security measures based on the sensitivity of the information we hold. These measures are in place to protect the information from being disclosed, from loss, misuse, and unauthorised access, and from being altered or destroyed.

We regularly monitor our systems for possible vulnerabilities and attacks, but no system is perfect and we cannot guarantee that we will never experience breach of any of our physical, technical, or managerial safeguards. If something should happen, we have taken steps to minimise the threat to your privacy. We will let you know of any breaches that affect your personal information and inform you how you can help minimise the impact.

You also have a role to play in keeping your information secure. For example, you should never share personal information with us in an email, because while our servers are protected, it is still possible that email can be intercepted. Instead, contact the Activitar support team at +27 61 541 3986, which will connect you to Chris Coetzee, our information officer.

You have the right to be informed about the personal information we have, and what we do with it

You have the right to know what kind of personal information we have about you, to correct it, and to opt out of marketing.

You have the right to

  1. ask us what we know about you;

  2. ask what information was sent to our suppliers, service providers, or any other third party;

  3. ask us to update, correct, or delete any out-of-date or incorrect personal information we have about you;

  4. unsubscribe from any direct marketing communications we may send you; and

  5. object to the processing of your personal information.

You can request access to the information we have about you, or correct your personal information by contacting our deputy information officer at privacy@activitar.com.

It can take us up to 21 days to respond to your request because there are procedures that we need to follow. In certain cases, we may require proof of your identity, and sometimes changes to your information may be subject to additional requirements such as valid proof of residence.

Your rights in terms of the GDPR:

If you are in the European Union, you have these rights in terms of the GDPR:

  1. The right to be informed about the collection and use of your personal information.

  2. The right to access your personal information. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may charge a fee in some circumstances. We will let you know if this is the case.

  3. You have a right to have inaccurate personal information corrected or completed if it is incomplete. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may refuse in certain circumstances.

  4. You have the right to have your personal information erased, also known as the ‘right to be forgotten’. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may refuse in certain circumstances.

  5. You have the right to request that we restrict or suppress your personal information. You may make such a request from us by contacting privacy@activitar.com. We may take one month to respond to your request and may refuse in certain circumstances.

  6. You have the right to reuse your personal information for your own purposes across different services, also known as the right to data portability.

  7. You have the right to object to us processing your personal information in certain circumstances. You may make your objection by contacting privacy@activitar.com. We may take one month to respond to your request. There are legitimate reasons why we may refuse your objection, which depend on why we are processing it.

  8. You have the right to complain to a supervisory authority in the Member State where you live or work, or where the infringement took place.

  9. You have the right to object to automated decision-making and profiling.

  10. You may ask that a human review any automated decisions that we make about you, express your point of view about it, and obtain an explanation of the decision. You may challenge any automated decision made about you by contacting privacy@activitar.com. We may take one month to respond to your request.



© 2021 Tornado Tour Systems (Pty) Ltd ta Activitar.

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