1. Introduction and scope
1.1 – When accessing and/or using the website located at www.citysightseeing.co.za (the “Website”) you are entering into a legally binding contract with Topless Tours (Pty) Ltd upon the terms of these terms and conditions (“Terms”). Topless Tours (Pty) Ltd is a private company incorporated in the Republic of South Africa under registration number 2002/013123/07 and whose registered office is at 36 Auckland Street, Paarden Eiland, Cape Town (hereinafter referred to as “we” or “us” or “our”).
1.4 – Topless Tours is committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our Services and your experience.
1.6.2 – you, namely a person who:
126.96.36.199 - browses, uses, accesses, refers to, views and/or downloads the information made available by us on the Website (“Content”) and/or makes any information available to us via the Website; and/or
188.8.131.52 – is or has applied to be part of our membership programme (“Member”). regardless of the device which you use to access the Website, including, but not limited to, internet-connected mobile devices and tablets (“Access Device”).
2. What is Personal Information?
2.1 – “Personal Information” refers to private information about an identifiable person, which includes your name and surname, age, date of birth, contact details (e.g. your home address, postal address, e-mail address or phone number), physical location, social media account details and profile pictures.
2.2 – Other information which might be Personal Information may include:
2.2.1 – “Access Device and Device event information”: We may collect information such as your IP address, unique device identifier, the nature of the Access Device which you used to access the Website (e.g. a tablet or smart phone), the geographic location from which you accessed our Website (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, browser language, system activity, crashes;
2.2.2 – “log information” when you use the Website, we may automatically collect and store certain information in server logs (i.e. our web servers automatically record and maintain a log of their activities when users access the Website , which may include your “site activity information”, such as details of how, when and for how long you accessed the Website , what links you went to, what Content you accessed, the amount of Content viewed and the order of that Content and the amount of time spent on the specific Content;
2.2.3 – “profile information”: We may collect and process information and data usage per profile to make targeted recommendations to that profile when logged in to using the Website ;
2.2.4 – “location information”: We may use various technologies to determine your actual location, such as geographical data from your Access Device (which is usually based on the GPS or IP location);
2.2.5 – “Member Information”: Members must provide an email address, name, surname, company name, contact number, business address, job title and location in order to submit a membership query (“Membership Query”) and Members will need to create a username and password to access their member benefits.
2.3 Some of the information we receive is Personal Information, and some is non-personal information that becomes personal. In some circumstances we will de-identify, anonymise or segregate information so that we may make use of it in aggregate form without treating it as Personal Information.
3. When will we process your Personal Information?br>
3.1 – In addition to paragraph 4 below, Personal Information may be processed by us in several ways, including, when:
3.1.1 – you access, browse or make use of the Website, and/or the Services;
3.1.2 – you stream, access or make use of the Content;
3.1.3 – we provide the Service to you;
3.1.4 – you log a Membership Query or access your Membership Account;
3.1.5 – you contact us, by email or telephonically;
3.1.6 – we carry out demographic research;
3.1.7 – you sign up for our newsletters (“Newsletters”) and/or enter into any competitions or promotions (“Competitions”) which we run; and
3.1.8 – you submit your Personal Information to us for any other reason, or authorise third parties to do so.
4. How we collect your Personal Information
4.1 – We collect your Personal Information in various ways, namely actively from you, passively from your Access Device when you use the Website or from our affiliates and third party service providers.
4.2 – Actively collection from you
4.2.1 – If you contact us, we may keep a record of that correspondence.
4.2.2 – The Personal Information we may actively collect from you may include your identifying information (e.g. your name, surname, and physical location), contact details (e.g. e-mail address and phone number).
4.2.3 – We may require you to submit certain information in order for you to submit a Membership Query or to access your Membership Account online, including, but not limited to your company name, contact number, business address, job title and location.
4.2.4 – We may require you to submit certain information in order for you to sign up for our Newsletters and/or enter into any Competitions, including but not limited to your name, email address, and location. 4.3 – Collection from your Access Device
4.3.1 – We passively collect some of your Personal Information from the Access Device which you use to access the Website using various technological means, for instance, using server logs to collect and maintain log information.
4.3.3 – A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit the Website or use the Topless Tours App and which is stored in your web browser. When you visit the Website or use the Topless Tours App again, the cookie allows the site to recognise your browser. Cookies may store user preferences and other information.
4.3.5 – The information which we may passively collect from your Access Device may include your identifying information, contact details, Device and Device event information, site activity information, log information, location information, and any other information which you permit us, from time to time, to passively collect from your Access Device.
5. How we use your Personal Information
5.1 – We use the information we collect to provide, maintain, and improve the Services, to develop new services, and to protect us, our Services and our users. We constantly strive to improve our users’ experience, and so we also use the information we collect in order to offer you more relevant information and Content.
5.2 -We may use your Personal Information to:
5.2.1 – retain and make available to you information on the Website;
5.2.2 – establish and verify your identity on the Website;
5.2.3 – fulfil your requests for certain Services;
5.2.4 – diagnose and deal with technical issues and support queries and other user queries, such as problems with our server, determine the optimal and fastest route for your Access Device to use in connecting with the Website, and administer, maintain and secure the Website;
5.2.6 – provide you with the latest information about our Services (including via our Newsletters), subject to your communications preferences;
5.2.8 – compile non-personal statistical information about browsing habits, click patterns and access to the Website;
5.2.9 – improve the Website, analyse trends and administer the Website, including requesting feedback on Content and the Services;
5.2.10 – fulfil any contractual obligations we may have to you or any third party;
5.2.11 – improve your user experience and the overall quality of our Services;
5.2.12 – for security, administrative and legal purposes;
5.2.13 – if you are a Member, create your Membership Account and to ensure that we do not duplicate an existing user account on the Website; and
5.2.14 – other activities not specifically mentioned which are lawful, reasonable, relevant to our business activities and the minimum necessary and adequate in order for us to provide the Website and our Services.
6. Sharing of Personal Information
6.1 – We will not intentionally disclose any of your Personal Information to third parties, except (i) when we have your permission to do so (as we do in respect of Partners in terms of paragraph 3 and in respect of the circumstances set out in paragraph 6.2), (ii) for the purposes of our legitimate business interests, or (iii) where we are required to do so in terms of applicable law or regulation.
6.2 – You agree that your Personal Information may be shared under the following circumstances:
6.2.2 – with our employees, contractors and agents if and to the extent that they need to know that information in order to process it for us and/or to provide services for or to us, such as site hosting, development and administration, technical support, marketing services and other support services;
6.2.3 – in order to enforce or apply our Terms or any other contract between you and us;
6.2.4 – in order to protect our rights, property or safety or that of other users, employees, contractors, agents and any other third party;
6.2.5 – in order to mitigate any actual or reasonably perceived risk to us, other users, employees, contractors, agents or any other third party; and
6.2.6 – with governmental agencies, exchanges and other regulatory or self-regulatory bodies if we are required to do so by law or if we reasonably believe that such action is necessary.
6.3 – We may use your Personal Information to compile profiles for statistical purposes, provided that the profiles or statistical data cannot be linked back to you by a third party.
6.4 – We will get your permission before disclosing your Personal Information to any third party for any other purpose.
7. Storage and transfer of your Personal Information
7.1 – We store your Personal Information on our servers and/or on third party servers.
7.2 – We reserve the right to transfer to and/or store your Personal Information on servers in a jurisdiction other than where it was collected, and such jurisdiction may not have comparable data protection legislation.
7.3 – If the location that Personal Information is transferred to does not have substantially similar laws which provide for the protection of Personal Information, we will take reasonably practicable steps to ensure that your Personal Information is adequately protected in that jurisdiction.
8.1 – Although absolute security cannot be guaranteed on the Internet, we take reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we Process online.
8.2 – While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
Paragraph 8 has important legal consequences for you which:
excludes or limits Topless Tours (Pty) Ltd.’s legal responsibilities;
limits or excludes rights and claims you have against Topless Tours (Pty) Ltd; and places legal responsibilities and liabilities and risks on you.
You know and accept that the Internet is not absolutely secure and there is a risk that your Personal Information will not be secure when transmitting over the Internet. We do not promise that we can keep your Personal Information completely secure over the Internet. You also know and accept that we do not promise the complete security of your Personal Information. You will not be able to take action against us if you suffer losses or damages in these circumstances.
9. Retention of your Personal Information
9.1 – We may retain all Personal Information that we collect from you so long as it remains necessary for the purposes for which it was collected unless there is a valid technical, legal or business reason for us to delete, destroy or de-identify it.
9.2 – Further, we may keep some of your Personal Information for as long as we are required by law, a code of conduct or we reasonably need it for lawful purposes related to our functions and activities; we reasonably need it for evidentiary purposes or you agree to us keeping it for a specific period.
10. Keeping your Personal Information updated and correct
10.1 – To the extent required by law, we will take steps to ensure that your Personal Information is accurate, complete, not misleading, and up to date having regard to the purpose for which the information was collected or used.
10.2 – You must let us know if you believe any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details set out in paragraph 16
10.3 – You may request that your Personal Information be deleted if it is no longer required for the purposes for which it was collected or required by us in terms of any applicable law.
11. Third party sites
11.1 – We are not responsible for the privacy practices of a third party site to which there may be a link on the Website, and/or any Content on the Website.
excludes or limits Topless Tours (Pty) Ltd legal responsibilities;
limits or excludes any rights you have against Topless Tours (Pty) Ltd; and places legal responsibilities, liabilities, and risks on you.
Topless Tours (Pty) Ltd is not liable if you suffer losses or damages when visiting another third party, including Member, website by following a link to that website from the Website. You accept that there may be risks when you use such third party, including Member, websites and you do so at your own risk.
12. Direct marketing
12.1 – When you use the Website, and/or the Services you may receive marketing communications from us.
12.2 – You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communications from us if that approach or communication is primarily for the purpose of direct marketing (“direct marketing communications”).
12.3 – You may opt out of receiving direct marketing communications from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to desist from initiating any direct marketing to you.
12.4 – If you have opted-out, we may send you written (which may include electronic writing) confirmation of receipt of your opt-out request, and not send you any further direct marketing communications.
12.5 – You may (in terms of the Consumer Protection Act, 2008) register a pre-emptive block against direct marketing communications. If you do so, we will not send you direct marketing communications unless you have expressly consented to receiving direct marketing communications unless you have expressly consented to receiving direct marketing communications from us.
14. CPA, POPI and other laws
14.2.1 – does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
14.2.2 – requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
15. Governing law
16. Contact information / Domcilium citandi et executandi
If you have any questions, queries or wish to request permission to use any part of the Website, including, linking, framing, or searching, please contact us at:
Street address: Topless Tours (Pty) Ltd, t/a City Sightseeing, 36 Auckland Street, Paarden Eiland, Cape Town 7405
Postal address: Topless Tours (Pty) Ltd, t/a City Sightseeing, Paarden Eiland, Cape Town 7420
Telephone: +27 (21) 511 6000