Website terms and conditions and privacy policy
(“T&Cs”) Perfect Hideaways Group (as the “Group”)
1. INTELLECTUAL PROPERTY
1.1 All intellectual property on the Websites, including content, literary and artistic works, design elements, computer programs, domain names, patents, trademarks, logos, images, pictures, downloads, source code, metatags, text, graphics, artworks, icons and hyperlinks are the property of, or licensed to, the Group, and are protected from infringement by international and domestic legislation including but not limited to copyright, trademark and/or patent law.
1.2 All rights to intellectual property on the Group’s websites are expressly reserved. No person may reproduce or use such intellectual property in any manner whatsoever without the prior written consent of the Group.
1.3 In the event that any division, brand, or subsidiary of the Group is sold, transferred, or otherwise disposed of, the contacts, client lists, and associated personal or business information related specifically to that division may be transferred with that division. Notwithstanding such transfer, all Contacts shall remain the property of the Group and may continue to be used by the remaining divisions and entities within the Group for business purposes, subject to applicable privacy laws, including POPIA and GDPR.
2. GENERAL
2.1 In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”), these Terms and Conditions (“T&C’s”) are binding and enforceable against all persons that access any of the Group’s Website(s) or any part thereof.
2.2 If you do not agree with the terms and conditions, please do not click the accept box. You may exit at any time and discontinue use of the Website(s).
2.3 By agreeing to these Terms & Conditions, the User hereby consents, as required under Section 11(1)(a) of the Protection of Personal Information Act 4 of 2013 (“POPIA”), to the collection, processing and use of their personal and, where applicable, special Personal Information by the Group to facilitate bookings, enquiries, and related services.
2.4 These T&Cs may be reviewed periodically and updated as required to comply with changes in law or business practices.
2.5 The Group, through its group of brands and Websites, offers a variety of lifestyle and tourism services. These include:
2.5.1 facilitation of long and short-term leisure accommodation bookings;
2.5.2 curated travel experiences and tours;
2.5.3 event planning and management; and
2.5.4 marketing and facilitation of real estate sales transactions;
2.5.5 provision of online retail services through its digital shop platform, offering a curated selection of lifestyle products;
2.5.6 facilitation and coordination of photographic, film, and media shoots.
2.6 Each Company in the Group acts primarily as an agent and intermediary in relation to these services by marketing offerings made by third-party property owners, tourism operators, and service providers.
2.7 The information on the Group’s Website(s) are provided for general purposes only. While every effort is made to ensure the accuracy, completeness and reliability of the information, The Group makes no representations or warranties of any kind, whether express or implied, about the suitability or availability of the content, services, or related graphics contained on the Websites. Any reliance you place on such information is strictly at your own risk.
2.8 Under no circumstances shall the Group be liable for any direct, indirect, incidental, or consequential loss or damage arising out of or in connection with the use of the Websites or the information provided therein, including but not limited to loss of data or profits.
2.9 To operate efficiently, the Group uses both paper-based (manual) and digital systems in its business operations. The majority of its communication and transactions are conducted electronically, including via email, its Websites, and other digital or electronic tools.
3. DEFINITIONS AND INTERPRETATIONS
In these T&C’s, unless the context indicates that some other meaning is intended:
3.1 “Companies” means, collectively, Perfect Hideaways (Pty) Ltd (Registration No: 2012/216187/07) and Simply Perfect (Pty) Ltd (Registration No: 2015/077957/07), being the primary operating entities within the Perfect Hideaways Group, and including any successor or affiliated entities thereof;
3.2 “Group” or member of the Group means the Company and all business divisions, brands, entities, affiliates, or undertakings which are directly or indirectly owned, operated, or controlled by the Company, including but not limited to all associated Platforms, Websites, domains, and service offerings operated under the Perfect Hideaways, Perfect Hideaways Real Estate, or any related brand names owned by the Company, and any successor or affiliated entities thereof;
3.3 “Personal Information” shall include personal data and have the meaning ascribed to it under the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”) and, where applicable, the General Data Protection Regulation (GDPR), and includes information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person.
3.4 “User” means a natural or a juristic person and utilises any of the Websites of the Group and includes a registered User who has completed the electronic registration form or shared his/her its Personal Information on any of the Websites;
3.5 The “Website(s)” means any of the Websites hosted on the following domains:
3.5.1 www.perfecthideaways.co.za.
3.5.2 www.perfecthideawaysrealestate.co.za
3.5.3 any other affiliated or successor domains operated by the Group under the Perfect Hideaways brand or related brands which may be added from time to time.
3.6 Any words indicated with inverted commas and starting with a capital letter shall bear the definition of the phrase or concept immediately preceding same as if it were included as a definition in terms of this clause;
3.7 References herein to the singular include the plural and vice versa; and
3.8 Hyperlinks have been used in these T&C’s. The fact that some or all of the hyperlinks may be non-operational shall not play a role in the determination of the validity and interpretation of these T&C’s.
4. PURPOSE AND MANNER OF PERSONAL DATA COLLECTION AND USE
4.1 The Group collects and processes personal data in accordance with the provisions of the European Union General Data Protection Regulation (“GDPR”) and Protection of Personal Information Act, No 4 of 2013 (“POPIA”), as amended and other regulations in force in the Republic of South Africa. The Group respects the privacy of its Users and will take reasonable measures to protect it.
4.2 Should the User’s Personal Information change, the User shall inform the Group and provide it with updates to his/her/its Personal Information as soon as reasonably possible to enable the Group to update such personal information.
4.3 The Group shall take all reasonable steps to protect the Personal Information of Users and is committed to respecting the privacy of the User’s Personal Information. As and when necessary, the Group may electronically collect, store, disclose and/or use the User’s Personal Information.
5. PRIVACY STATEMENT IN TERMS OF THE GDPR AND POPIA
5.1 The following data will be collected:
5.1.1 The User’s full name, email address, contact number, location data, online identifiers such as browser or device information, browsing habits, as well as information submitted through online forms, including queries or booking requests, IP address, non-personal browsing habits and click patterns.
5.1.2 In the course of delivering its agency and intermediary services, the Group may collect and share Personal Information from various parties, including the User, property owners, tourism operators, guests, customers, and, in the context of real estate sales, additional role players such as the deeds office, municipal councils, managing agents, conveyancing attorneys, bond originators, banks, and other property practitioners.
5.1.3 The User may choose to provide additional Personal Information to the Group, in which event the User agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent their affiliation with anyone or anything.
5.2 The Group collects, stores and uses the abovementioned information in order to:
5.2.1 Utilise the functionality of the Websites;
5.2.2 Communicate requested information to Users;
5.2.3 Respond to queries, responses or complaints submitted by Users;
5.2.4 Process orders or applications for the Group products and/or services;
5.2.5 Create Products or services that may meet the future requirements of Users;
5.2.6 Provide Users with access to restricted pages on the Websites;
5.2.7 Compile non-personal statistical information about browsing habits, click patterns and access to the Websites; and
5.2.8 Update Users from time to time regarding the Group’s services and offerings, in accordance with the User’s indicated preferences.
5.3 The Group’s support services and finance departments are authorised to access the User’s information for purposes related to the transaction and ancillary matters.
5.4 The Group is authorised to release the User’s Personal Information to hosts of short and long-term accommodation, tour operators, and other third parties relevant to the booking or enquiry.
5.5 The Group does not share any User’s Personal Information for financial gain.
5.6 The Group may further collect non-personal information, for example, the User’s IP address, the date and time of their visits to the Websites, and browser history, to recognise the User during any subsequent visits to the Websites and/or use of the online services. The Group may further use this non-personal Information to develop future products and/or services to meet the User’s requirements and needs.
5.7 The Group owns and retains all rights to the non-personal statistical information collected and compiled by the Group.
5.8 The Group will not share the User’s Personal Information outside of the Group except in the following cases:
5.8.1 With prior consent;
5.8.2 With its employees and/or third-party service providers who assist with the Websites;
5.8.3 When processing of information is necessary for the performance of a contract with the User;
5.8.4 When the Group has a legal obligation to share the information;
5.8.5 When the information is necessary in order to protect the vital interests of the User or of another person;
5.8.6 When the information is necessary for the performance of a task carried out in the public interest or the exercise of official authority vested;
5.8.7 When the information is necessary for the purposes of the legitimate interests pursued by the Group or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the User, which require protection of personal data.
5.9 It is not allowed (hereinafter “Prohibited Practices”) to:
5.9.1 Use the Websites in a manner which may cause damage to the Group, other Users or any third party;
5.9.2 Undermine the security or integrity of any of the Group’s computing systems or networks;
5.9.3 Use the Websites in any way to impair functionality or interfere with other Users;
5.9.4 Access the Websites without permission;
5.9.5 Make use of the Group’s systems to commit fraud;
5.9.6 Act in a manner that is disrespectful or abusive to the Group systems and staff;
5.9.7 publish, upload, exchange or transmit Prohibited Content;
5.9.8 publish, upload, exchange or transmit any content that the User knows to be false or untrue, or has justifiable reasons to believe it to be false or untrue, and whose use may cause damage to the Group , other Users or third parties;
5.9.9 for any User misrepresenting him/her/itself for the purpose of deceiving the Group, the Users or third parties;
5.9.10 publish, upload, exchange or transmit to the Group, other Users or third parties any unwanted notices or other content of commercial or malicious nature, without prior request or consent, mainly including notices and other content of the same or similar nature;
5.9.11 purposeful publishing, uploading, exchange or transmission of any content containing computer viruses, worms, and programs that may obstruct or hinder the regular operation of the Websites, cause damage or destruction of any computer program, or any computer and other equipment owned by the Group other Users or third parties;
5.9.12 collect, process or use personal data of the Users or third parties in an unauthorised manner;
5.9.13 engage in overt or covert advertising (verbal or graphic representation of Products, personal names, names of companies, names, trademarks (registered or unregistered trademarks and service marks), businesses etc.) in an unauthorised manner.
5.10 Storage of information:
5.10.1 The Group stores all Users’ Personal Information both electronically, on secure databases, and physically in files maintained at its offices.
5.10.2 The Group acknowledges the risks inherent in storing personal and special personal information, whether electronically or physically, and commits to mitigating such risks through comprehensive security measures.
5.10.1 All information collected is kept strictly confidential, and all reasonable steps are taken to ensure that information is secured in storage until ultimate destruction. It will not be shared with any third party without the prior written consent of the User.
5.10.2 To protect Personal Information from loss, misuse, unauthorised alteration, access, or disclosure, the Group will:
5.10.2.1 Store Personal Information in databases equipped with built-in safeguards and firewalls designed to ensure privacy and confidentiality;
5.10.2.2 Monitor ongoing developments in internet security and technology to maintain and enhance the effectiveness of its security systems, including regular system testing;
5.10.2.3 Maintain physical safeguards to secure paper files and forms containing personal information;
5.10.2.4 Regularly review and update internal policies and third-party agreements to ensure continued compliance with POPIA and related regulations.
5.11 The Group has implemented appropriate data privacy, internet usage, and cybersecurity measures to minimise risks of data breaches. Users acknowledge their own responsibility to safeguard their internet and email connections from interception and viruses.
5.12 The Group will ensure that all its employees, third-party service providers, (including their employees and third-party service providers) having access to the User’s Personal Information are bound by appropriate and legally binding confidentiality obligations in relation to the User’s Personal Information and that such confidentiality meets any applicable law, regulation, legal process, or enforceable governmental request.
5.13 The Group undertakes to securely dispose of Personal Information which is no longer necessary for the purposes for which it was collected or processed, or when requested by the User. Such disposal shall be conducted in accordance with applicable legislation and these T&C’s to ensure that data cannot be retrieved or reconstructed. Disposal applies to all forms of data, including but not limited to electronic and paper records.
5.14 Third Party Operations:
5.14.1 The Group recognises that, in providing its services related to rental bookings and the marketing and facilitation of property sales, it is sometimes necessary to share Users’ personal and special Personal Information with third parties for specific purposes directly connected to the efficient delivery of these services.
5.14.2 The User’s personal data will be hosted and stored in countries which might not have the adequacy decision of the European Union; other third-party contractors may have access to the User’s data only for the purpose specified herein, and the access of such third parties is strictly controlled.
5.14.3 Whenever the Group is sending data to countries that are not providing the same level of protection as the EU’s GDPR, the Group will use appropriate safeguards to protect the User’s personal data, including but not limited to Standard Contractual Clauses for Processors.
5.14.4 Where possible, the Group will enter into formal Operators’ Agreements with such third parties to ensure that Users’ Personal Information is handled responsibly and in compliance with applicable legislation, including POPIA and related regulations. The Group will, where feasible, request copies of third parties’ POPIA Policies, operational rules, internet usage policies, and details of their appointed Information Officers.
6. COLLECTION AND PROCESSING OF PERSONAL DATA BY OTHER USERS OR THIRD PARTIES
6.1 The Websites contain content and may contain Links to third-party Websites, through which other Users or third parties may gain authorised or unauthorised access to the User’s personal data. These T&C’s do not apply to the collection, processing or use of personal data that the User has communicated to other Users and/or third parties. It is in the User’s best interest to acquaint themselves with the rules of personal data protection and the protection of privacy applied by other Users and/or third parties.
6.2 The Group may provide links to web pages that are not part of the Group’s Websites. These websites are managed by organisations, companies or individuals not under the control of the Group, and the Group shall not be responsible for any information, services or links that may be accessed on such websites. Such links are provided solely for the convenience of the User and do not constitute an endorsement by the Group of the content, services or operators of such websites.
6.3 The Group will ensure that any third party engaged in the destruction or disposal of Personal Information complies fully with these T&C’s and any applicable legislation relating to the secure disposal of personal data.
7. MODIFICATION AND DELETION OF PERSONAL DATA
The User is legally entitled to request modification or deletion of their personal data or deletion from the User database at any time. Modification or deletion of data shall be effected on the basis of an appropriate notice addressed to The Group.
8. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
8.1 Access to the services, content, software and downloads available from the Online Products may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, the following information is provided:
8.2 The full name and legal status of the Online Product owner: Perfect Hideaways (Pty) Ltd with Registration No: 2012/216187/07 and its affiliated brands, including Perfect Hideaways (Pty) Ltd t/a Perfect Hideaways Living and Simply Perfect (Pty) Ltd t/a Perfect Hideaways Real Estate with Registration No. 2015/077957/07, both forming part of the Perfect Hideaways Group.
8.3 Physical Address: The Barn, 31 Dreyersdal Farm Road, Bergvliet, Cape Town, 7945
8.4 Main business: Curated travel services, real estate marketing and facilitation, and the provision of online retail and lifestyle products.
8.5 The addresses of the Websites are: www.perfecthideaways.co.za and www.perfecthideawaysrealestate.co.za.
8.6 The official e-mail address of the Websites is: [email protected]
8.7 Access to and use of the Websites is provided free of charge and paid for;
8.8 Users may lodge complaints concerning the Websites:
DEPUTY INFORMATION OFFICERS (Perfect Hideaways and Perfect Hideaways Living):
Amanda Perkins – [email protected]
Sue Burdairon – [email protected]
Contact details: +27 21 790 0972
DEPUTY INFORMATION OFFICER (Simply Perfect t/a Perfect Hideaways Real Estate):
Gill Siebert – [email protected]
Contact details: +27 21 790 0972
9. COOKIES
9.1 We reserve the right to use cookies.
9.2 A cookie is an anonymous individual identifier; it does not contain or send any Personal Information to the Websites that is stored on a User’s computer, but only enables faster and more efficient activation of information, data and settings previously communicated during access and use of the Websites.
9.3 They are stored on the User’s computer and serve to record information about the User’s subsequent online visits. Therefore, after a cookie has been stored on the User’s computer, every time the User returns to the Websites, it shall look for the cookie in order to read the stored data.
9.4 The User can modify or disable cookies through the Options or Settings of their browser, which allows the User to select an appropriate option for receiving cookies or even to disable them entirely. However, disabling cookies completely will reduce the efficiency of some content available on some Websites.