XPLORER TOURS PRIVACY POLICY

Last Updated: 01 June 2025

1. Introduction and Scope

1.1. When accessing and/or using the website located at www.xplorertours.co.za (the “Website”), you are entering into a legally binding agreement with Topless Tours (Pty) Ltd t/a Xplorer Tours ("we," "us," "our") under these Privacy Policy terms. Topless Tours (Pty) Ltd is a private company incorporated in South Africa (Reg. No. 2002/013123/07), with its registered office at 36 Auckland Street, Paarden Eiland, Cape Town.

1.2. This Privacy Policy must be read with our Website Terms and Conditions. It sets out the basis on which any Personal Information (defined in section 2) we collect or you provide will be processed.

1.3. Please read this Privacy Policy carefully. By using the Website, you acknowledge and consent to the practices described herein.

1.4. We are committed to protecting your privacy and ensuring our use of Personal Information is lawful, reasonable, and relevant to our business activities.

1.5. By using the Website or Services, you consent to our collection, use, processing, and sharing of your Personal Information as described in this Privacy Policy. If you do not agree, please discontinue use of the Website.

1.6. This Privacy Policy applies to:

  • Us and our successors-in-title; and
  • You, as a user of the Website or member of our programs.

1.7. This Policy does not apply to any third-party websites or services linked to from the Website.

2. What is Personal Information?

2.1. "Personal Information" means information relating to an identifiable natural or juristic person, including (but not limited to) names, contact details, location data, online identifiers, and profile information.

2.2. Personal Information we collect may include:

  • Access Device Information (IP address, device type, browser version, location, system activity);
  • Log Information (site activity, time spent, content accessed);
  • Profile Information (preferences, usage data);
  • Location Information (GPS or IP-based);
  • Membership Information (email, name, company name, contact details, job title, location, username, password).

2.3. Some information may be anonymized or aggregated for lawful use without identifying individuals.

3. When We Process Personal Information

  • When you access or use the Website and Services;
  • When you stream, access or download content;
  • When you contact us by email, phone, or via forms;
  • When you submit membership queries or access accounts;
  • For research, marketing, competitions, or promotions;
  • Whenever you voluntarily submit Personal Information.

4. How We Collect Personal Information

4.1. Active Collection: Information you provide directly (e.g., membership applications, support requests, newsletters, competitions).

4.2. Passive Collection:

  • Automatically from your device via cookies, server logs, analytics tools, and tracking technologies.
  • Cookies may be disabled via your browser; however, this may limit some functionality.

4.3. Third-Party Sources: Affiliates, service providers, or partners who share information lawfully.

5. How We Use Your Personal Information

  • Provide, improve, and maintain the Website and Services;
  • Establish identity and verify accounts;
  • Fulfil your requests and process transactions;
  • Communicate with you about Services, promotions, or policy updates;
  • Detect, prevent and address technical issues, fraud, and security breaches;
  • Comply with legal obligations;
  • Analyse website usage, trends, and user experience;
  • Customise content and improve services;
  • Carry out research and business analysis;
  • If consented, share relevant partner offers or services.

6. Sharing of Personal Information

  • With employees, contractors, service providers, agents, and affiliates, who require the data to perform services;
  • With regulatory or law enforcement agencies where legally required;
  • To enforce our Terms or protect rights, property, or safety;
  • With strategic partners, where you have provided consent;
  • In connection with business transactions (e.g., mergers or acquisitions).

We will not sell or share Personal Information for unrelated third-party marketing without consent.

7. Cross-Border Transfers and Storage

7.1. Personal Information may be stored or transferred outside South Africa, including to countries without equivalent data protection laws.

7.2. In such cases, we will ensure adequate safeguards are in place, in compliance with POPIA Section 72, including:

  • Binding agreements with third-party processors;
  • Transfer to jurisdictions with adequate data protection standards; or
  • Appropriate contractual clauses ensuring protection.

8. Security Measures

  • We implement reasonable technical and organisational safeguards to protect Personal Information.
  • While we strive for security, the internet is inherently insecure, and absolute protection cannot be guaranteed.
  • Third-party processors are contractually bound to protect data appropriately.

9. Retention of Personal Information

9.1. We retain Personal Information for as long as necessary to fulfil the purposes for which it was collected, or as required by law.

9.2. Data may be retained for legal, contractual, or evidentiary reasons unless deletion is specifically requested or required.

10. Your Rights Under POPIA

  • Access your Personal Information;
  • Correct or update inaccuracies;
  • Object to processing in certain cases;
  • Request deletion where applicable;
  • Lodge complaints with the Information Regulator.

To exercise your rights, please contact us using the details below.

11. Third-Party Links

We are not responsible for the content or privacy practices of third-party websites linked to or from our Website. Use them at your own risk.

12. Direct Marketing Communications

  • We may send you marketing communications related to our services.
  • You may opt out at any time via email, phone, or written request.
  • You may also register on the National Opt-Out Register under POPIA.

13. Changes to This Privacy Policy

13.1. This Privacy Policy may be revised from time to time. Please review it regularly.

13.2. Material changes will be communicated on the Website or via email where appropriate.

14. Governing Law

14.1. This Privacy Policy is governed by South African law.

14.2. If any clause is found unenforceable, the remaining terms will remain in effect unless the entire purpose of the policy is defeated.

15. Contact Information

If you have any questions or requests regarding this Privacy Policy, please contact us at:

  • Company: Topless Tours (Pty) Ltd t/a Xplorer Tours
  • Street Address: 36 Auckland Street, Paarden Eiland, Cape Town 7405
  • Postal Address: Paarden Eiland, Cape Town 7420
  • Telephone: +27 (21) 511 6000
  • Email: info@xplorertours.co.za