Hamu Hospitality and Tourism Group LLC, trading as Fleur du Soleil Luxury Guesthouse (Fleur du Soleil/We/Us/Our) operates the https://fleur-du-soleil.com/ website (Site). The Site but may be accessed both in South Africa and abroad. For data protection purposes, Fleur du Soleil is the controller and, unless otherwise noted, is also the processor of data. Information collected may be retained indefinitely, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.

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 AND/OR ANY OF OUR SERVICES, YOU UNCONDITIONALLY AND IRREVOCABLY CONFIRM YOUR ACCEPTANCE OF THIS PRIVACY POLICY.

We are committed to protecting your privacy and complying with applicable data protection and privacy laws, specifically the Protection of Personal Information Act No. 4 of 2013 (POPI Act) (including the regulations published under that Act, and any amendments to that Act and/or the regulations from time to time (if any)).

In this Privacy Policy, unless the context otherwise indicates:

“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);

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

“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);

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

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

“Platforms” means the https://fleur-du-soleil.com/ website;

“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);

“RSA” means the Republic of South Africa;

“Services” means all the services offered via our Platforms, online or offline; and

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

PROCESSING OF DATA

Categories of Data we collect:

In order to use our Services you may be required to provide us with the following Data:

• your full name;
• ID number;
• e-mail address;
• gender;
• food allergies;
• medicine allergies;
• next of kin’s name and
• contact details.

Why we Process your Data:

The reason we Process your Data is to –

assist with booking a room;

facilitate check-in and check-out procedures;

provide information to you about the Services;

conduct market research;

compile statistical and/or data analyses;

give effect to any communication received from you, which may include instructions, requests, queries, complaints and questions;

update our records and/or your contact details;

tailor our Platforms to accommodate current market trends and/or demands;

for the administrative, marketing (including direct marketing), planning, product or service development, quality control, survey and research purposes of Fleur du Soleil, its affiliated companies, contractors, franchisees and employees or service providers; and

generally render our Services, as offered on our website.

We may also use your contact information to enable ourselves to communicate with you. We may send transaction-related communications. We may also send you newsletters or marketing communications to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing communications, you should follow the “unsubscribe” instructions included within each communication. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications (e.g., confirmation e-mails and account statements), where applicable.

Use of Personal Information for statistical purposes:

As permitted by ECTA, Fleur du Soleil may use Personal Information collected to compile profiles for statistical purposes. No Personal Information contained in the profiles or statistics will be able to be linked to any specific user.

To this end, we anonymise and aggregate your Personal Information. We may share this anonymised Personal Information with our trusted partners to facilitate their related endeavours, which may prove to benefit you, by promoting your preferences.

Tracking and cookies:

We may use Google Analytics, MonsterInsights and/or other tracking methods. Some of those methods may use “cookies”. A cookie is a small file, which asks for permission to be placed on the hard drive of your computer. Once you agree, the file is added and the cookie assists the web traffic analysis or your visits to a particular website. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about the webpage traffic and improve our Services in order to tailor them to our customers’ needs. We only use this information for statistical analysis purposes. In no way do cookies give us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies.

Most web browsers automatically accept cookies and you may modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our Services. A relevant Google policy and MonsterInsights policy applies towards the use of Google Analytics.

Advertising:

Our Services use Google Ads. Google Ads is an online advertising program. Their advertisement policy can be found at https://support.google.com/adspolicy/

As part of Google Ads, we use so-called conversion tracking. When you click on an ad served by Google, a conversion tracking cookie is set. Cookies are small text files that your internet browser stores on your computer. These cookies expire after 30 days and are not used for personal identification of the user. Should the user visit certain pages of the website and the cookie has not yet expired, Google and the website can tell that the user clicked on the ad and proceeded to that page.

Each Google Ads advertiser has a different cookie. Thus, cookies cannot be tracked using the website of a Google Ads  advertiser. The information obtained using the conversion cookie is used to create conversion statistics for the Google Ads advertisers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, advertisers do not obtain any information that can be used to personally identify users. If you do not want to participate in tracking, you can opt-out of this by easily disabling the Google Conversion Tracking cookie by changing your browser settings. In doing so, you will not be included in the conversion tracking statistics.

The website operator has a legitimate interest in analysing user behaviour to optimise both its website and its advertising. For more information about Google Ads and Google Conversion Tracking, see the Google Privacy Policy: https://policies.google.com/privacy

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of our Service or other websites.

Fleur du Soleil also uses Facebook, Instagram and Twitter Ads to boost posts, promote Fleur du Soleil’s Facebook, Instagram and Twitter pages and create and launch ads and campaigns on Facebook, Facebook Messenger, Instagram and Twitter. Facebook Business Suite is used for the same purposes. These social media platforms’ terms of use, advertising, cookies, data use and privacy policies can be viewed at:

Facebook: https://www.facebook.com/terms.php  

Instagram: https://help.instagram.com/581066165581870

Twitter: https://twitter.com/en/privacy

Plugins and tools:

Our Services and Site use the TripAdvisor-Widget. It is operated by TripAdvisor LLC, 400 1st Avenue, Needham, MA 02494, USA. To use the TripAdvisor-Widget, it is necessary to set cookies and save our IP address. This information is generally transmitted to a TripAdvisor server in the USA and stored there. Fleur du Soleil has no influence on this data transfer. The use of the TripAdvisor-Widget is in the interest of making our Services appealing. Further information about handling user data, can be found in the data protection declaration of Tripadvisor: https://tripadvisor.mediaroom.com/us-privacy-policy

Google Maps:

Fleur du Soleil uses the Google Maps map service via a Link. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To use Google Maps, it is necessary to save our IP address. This information is generally transmitted to a Google server in the USA and stored there. Fleur du Soleil has no influence on this data transfer. The use of Google Maps is in the interest of making our Services appealing and to facilitate the location of places specified by us on our Services. Further information about handling user data, can be found in the data protection declaration of Google at https://policies.google.com/privacy

Mobile device IDs:

If you are accessing either of Fleur du Soleil’s Platforms via a mobile device, Fleur du Soleil uses mobile-device IDs (the unique identifier assigned to a device by the manufacturer), or Advertising IDs (for iOS 6 and later), instead of cookies, to recognize you. Fleur du Soleil does this to store your preferences and track your use of Fleur du Soleil’s Platforms. Unlike cookies, device IDs cannot be deleted, but Advertising IDs can be reset in “Settings” on your iPhone.

Third-party payment processor:

We sometimes use third-party payment processors such as Paybridge and booking sites such as, but not limited to, Booking.com and its associated and affiliated sites, Expedia and its associated and affiliated sites, Tripadvisor, AirBnB and others to process payments made to us or third parties. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit-card numbers. Rather, all such information is provided directly to our third-party processor and the use of your Personal Information is governed by their privacy policy.

Fleur du Soleil is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised web sites, including but not limited to its third-party payment processor.

Data Sharing:

NightsBridge.com: We have teamed up with Nightsbridge.com for our booking transactions located in Cape town South Africa. (https://nightsbridge.com) (hereafter NightsBridge) to offer you our online reservation services. While we provide the content to this website and you make a reservation directly and payment with NightsBridge, the reservations are processed through Nightsbridge.com. The information you enter into this website will therefore also be shared between Nightsbridge.com and us, its affiliates booking systems. This information may include personal data such as your name, your contact details, your payment details, the names of guests traveling with you and any preferences you specified when making a booking.

Third-party service providers: We use service providers to process your personal data strictly on our behalf. This processing would be for purposes as included in this Privacy Statement such as facilitating reservation payments, sending out marketing material or for analytical support services. These service providers are bound by confidentiality clauses and are not allowed to use your personal data for their own purposes or any other purpose. Those companies or persons will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.

How we collect your Data?

Fleur du Soleil collects Data from among others, the following sources:

our Platforms;

our correspondence (in any form) with you;

when you connect with us via any social media platform (including but not limited to Facebook, LinkedIn, YouTube, Instagram and Twitter);

any forms you complete for Fleur du Soleil’s purposes; and

when you use and enjoy any of Fleur du Soleil’s Services that require you to make your Data available to us.

Fleur du Soleil shall collect your Data directly from you, except to the extent that:

the Data is contained in or derived from a public record or has deliberately been made public by you; or

you consent to us collecting the Data from another source.

Accordingly, you appreciate that in order for Fleur du Soleil to provide you with the Services, it is reasonably necessary for:

you to directly submit your Data to Fleur du Soleil; and

Fleur du Soleil to obtain your Data indirectly in from the sources above, and

you hereby unconditionally and irrevocably consent to the collection of your Data in the manner contemplated above, and to us Processing such information in accordance with this Privacy Policy.

Where we store your Data:

Personal information collected by us may be stored and processed in the RSA or any other country in which we or our service providers or agents maintain facilities and/or by way of cloud storage and, by using this Site, you consent to any such transfer of information outside of your country.

To whom do we disseminate your Data?

Except as disclosed in this privacy policy, we do not share your personal information with any outside parties.

Fleur du Soleil may disseminate your Data to any of our affiliates, as that term is defined in the Companies Act, to our and their employees, to our third-party service providers and contractors, licensees and franchisees for the purposes specified above.

In addition to the above, Fleur du Soleil may disseminate your Data to third parties (inside and/or outside the RSA) with whom we have commercial relationships, for business, marketing and related purposes.

Notwithstanding the above, Fleur du Soleil shall disseminate your Data to the relevant third parties concerned should one of the following occasions transpire:

if Fleur du Soleil is legally obligated in terms of statute to disseminate your Data;

if Fleur du Soleil reasonably believes in good faith that the dissemination of the Data is reasonably necessary to protect the property and/or rights of Fleur du Soleil, third parties and/or the public at large; and/or

if you furnish Fleur du Soleil with express consent to disseminate your Data to an identifiable and authorised entity and/or person.

Fleur du Soleil acknowledges and accepts that in terms of section 21(1) of the POPI Act, we must conclude a written contract with the entity and/or person processing the Personal Information on our behalf (the “operator”). Such written contract shall ensure that the operator that processes the Personal Information shall establish and maintain the security measures referred to in section 19 of the POPI Act.

You hereby acknowledge that if you send us a request (for example via a support e-mail or via our feedback mechanisms), we reserve the right to publish it on our Platforms, which shall enable us to convey our response and/or clarify an issue to you, clients and potential clients.

What happens if you refuse to provide us with Data?

If you do not provide us with the Data that we request, some or all of the following may happen:

we may not be able to provide our Services to you at the standard at which we usually deliver, or at all; and/or

we may be unable to tailor our Platforms to reflect popular trends and demands and accordingly we may fail to provide you with the experience you require.

Should you fail to provide us with any mandatory Data that we request in order for us to effectively render our Services, we reserve the right to discontinue providing you with our Services.

Processing of Personal Information:

Fleur du Soleil undertakes to process the Personal Information in accordance with the POPI Act.

PROTECTION OF YOUR DATA

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

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

Fleur du Soleil is aware of the Risks and has put appropriate safeguards in place to mitigate the identified Risks. Fleur du Soleil 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.

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

Accordingly, Fleur du Soleil 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.

Fleur du Soleil 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 Fleur du Soleil over the internet. You are responsible for ensuring that the computers, electronic devices and electronic communication methods that you utilize will provide adequate security for communicating with Fleur du Soleil.

Fleur du Soleil 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. Fleur du Soleil cannot be held responsible for Data that is compromised due to an insecure or stolen or breached password. If you are authenticating with Fleur du Soleil via a third party, those passwords must also be secured at your own risk.

DIRECT MARKETING

Fleur du Soleil 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. 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. 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 bookings@fleur-du-soleil.com and Fleur du Soleil shall remove and delete your Personal Information from our mailing list.

UPDATING YOUR DATA

You shall ensure that the Personal Information is complete, accurate, not misleading and updated where necessary from time to time. 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 bookings@fleur-du-soleil.com and Fleur du Soleil shall update your Data and our mailing list accordingly.

RETENTION OF DATA

The period for which Fleur du Soleil 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

Fleur du Soleil reserves the right to change and/or amend this Privacy Policy in any manner at any time without prior notice. In the event that Fleur du Soleil makes material changes and/or amendments to this Privacy Policy, Fleur du Soleil will place a prominent notice on its Platform to advise you to inspect and inform yourself of the updated Privacy Policy. The most recent version of this Privacy Policy will govern the respective rights and obligations between you and Fleur du Soleil 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 Fleur du Soleil, and you irrevocably and unconditionally undertake in favour of Fleur du Soleil that you shall not, under any circumstances whatsoever, infringe our rights to such intellectual property or challenge or dispute Fleur du Soleil ’s right to such intellectual property.

LINKS TO OTHER WEBSITES

The Platforms may contain links to other websites. Fleur du Soleil 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. Should you share our Platform or Fleur du Soleil 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.

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

BUSINESS TRANSACTION

If Fleur du Soleil, is involved in a merger, acquisition or asset sale, your Personal Information may be transferred as a business asset. In such cases, we will provide notice before your Personal Information is transferred and/or becomes subject to a different Privacy Policy.

E-MAIL MONITORING

We provide e-mail addresses on the Site which enable you to contact us. In order to check for viruses and the presence of inappropriate content, we reserve the right to intercept, monitor and inspect all material and information transmitted over our system.

MINORS

We do not intend to offer services to or solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this Site.

DISCLAIMERS

Fleur du Soleil intends to take commercially reasonable precautions to abide by this privacy policy. Nevertheless, in the event that we do not comply with all terms contained in this privacy policy, you agree, by using this Site and by submitting information to this Site, that your sole and exclusive remedy against Fleur du Soleil will be to have us promptly correct the handling of your information in the future to accord with this privacy policy and to notify anyone to whom Fleur du Soleil directly transferred any information of the correct information or to cease using such information.

To the maximum extent allowed by law, Fleur du Soleil, its subsidiaries, affiliates, and divisions disclaim any other obligation, liability, or warranty to you for any other action, inaction, omission, or other activity that is not in accordance with this privacy policy.

Under no circumstances shall Fleur du Soleil, its subsidiaries, affiliates and divisions, or their suppliers or licensors be liable for any direct, special, incidental, indirect, economic, consequential or punitive damages (including, without limitation, loss of data or loss of use damages or lost profits) arising out of or connected with this privacy policy, or the failure of Fleur du Soleil, its subsidiaries, affiliates and divisions, or their suppliers or licensors to adhere to it, even if Fleur du Soleil, its subsidiaries, affiliates and divisions, or their suppliers or licensors have been notified of the possibility of any damages. This section shall only apply to the maximum extent permitted by applicable law.

APPLICABLE LAW AND JURISDICTION

This privacy policy is governed by and will be interpreted according to the laws of the Republic of South Africa, and all disputes, claims and other matters in connection with this privacy policy will be determined in accordance with such laws.

OTHER

Any questions, queries, comments or complaints concerning this Privacy Policy and/or your Personal Information may be directed to: bookings@fleur-du-soleil.com