Terms And Conditions

GENERAL TERMS AND CONDITIONS

  1. Detailed description of goods and/or services
    Falcon Charters (Pty) Ltd (“Falcon”) is a business in the hospitality industry that sells short-term rental accommodation and related services.
  2. Delivery policy
    Subject to availability and receipt of payment, booking requests will be processed within 1 day and delivery confirmed by way of e-mail.
  3. No Export restriction
    The offering on this website is available to clients worldwide.
  4. Return and Refunds policy
    The provision of goods and services by Falcon is subject to availability. In cases of unavailability, Falcon will refund the client in full within 30 days. Cancellation of orders by the client will attract cancellation fees as stipulated in the applicable listing’s cancellation policy.
  5. Customer Privacy policy
    Falcon 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 Personal Information Act 4 of 2013 (POPIA). To view our Privacy Policy please go to [Hannes: please link to p2]
  6. Payment options accepted
    Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Falcon bank account, the details of which will be provided on request.
  7. Card acquiring and security
    Card transactions will be acquired for Falcon via Payfast by Network who are the approved payment gateway for all South African Acquiring Banks. Payfast by Network uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.payfast.io to view their security certificate and security policy.
  8. Customer details separate from card details
    Customer details will be stored by Falcon separately from card details which are entered by the client on Payfast by Network’s secure site. For more details on Payfast by Network refer to www.payfast.io.
  9. 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).
  10. Responsibility
    Falcon 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.
  11. Country of domicile
    This website is governed by the laws of South Africa and Falcon 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 85 Joubert Road, Green Point, Cape Town, South Africa.
  12. Variation
    Falcon may, in its sole discretion, change this agreement or any part thereof at any time without notice.
  13. Company information
    This website is run by Falcon Charters Pty Ltd, a private company based in South Africa trading as the Green Collection/Cape Collection and with registration number 1987/004551/07 and M Krismer and DD Joubert as Director(s).
  14. Your Company contact details
    Company Physical Address: 85 Joubert Road, Green Point, Cape Town, Western Cape, South Africa.
    Email: reservations@cape-collection.com Telephone:+27(0) 84 321 8299
  15. Falcon Privacy Policy
    Falcon respects your privacy. Callouts like this are a summary of our privacy policy and contain the most important and relevant points for you. Please read the full privacy policy because it applies to you.
  16. Introduction
    This Privacy Notice sets out the basis on which any Personal Information collects, uses, shares and otherwise processes. Please read the following carefully to understand Falcon’s views and practices regarding Personal Information and how Falcon will treat it. By accessing and using Falcon Services, including Falcon’s interactions with you via our websites (including but not limited to https://greencollection.co.za/, https://cape-collection.com and https://cape-collection.lodgify.com/), mobile sites and applications (“Sites”), you agree to the transfer, storing and processing of Personal Information as set out in this Privacy Notice.
  17. Definitions
    “Card” When Falcon uses the word ‘card’ in this notice, it applies to all payment methods and types and not simply those involving a physical card; and use of the term ‘cardholder’ applies to any shopper or individual whose payment transactions may be processed.
    “Falcon” means Falcon Charters Pty Ltd, any of its subsidiaries or affiliates.
    “Falcon Services” means the products and services which are being offered by Falcon.
    “Personal Information or Personal Data” for purposes of this Policy means to any information relating to an identified or identifiable individual.

Falcon Privacy Policy

Falcon respects your privacy. Callouts like this are a summary of our privacy policy and contain the most important and relevant points for you. Please read the full privacy policy because it applies to you.

Introduction

This Privacy Notice sets out the basis on which any Personal Information collects, uses, shares and otherwise processes. Please read the following carefully to understand Falcon’s views and practices regarding Personal Information and how Falcon will treat it. By accessing and using Falcon Services, including Falcon’s interactions with you via our websites (including but not limited to https://greencollection.co.za/,https://cape-collection.com and https://cape-collection.lodgify.com/ ), mobile sites and applications (“Sites”), you agree to the transfer, storing and processing of Personal Information as set out in this Privacy Notice.

Definitions

“Card” When Falcon uses the word ‘card’ in this notice, it applies to all payment methods and types and not simply those involving a physical card; anduse of the term ‘cardholder’ applies to any shopper or individual whose payment transactions may be processed. “Falcon” means Falcon Charters Pty Ltd, any of its subsidiaries or affiliates.
“Falcon Services” means the products and services which are being offered by Falcon.
“Personal Information or Personal Data” for purposes of this Policy means to any information relating to an identified or individual.

You are important

At Falcon our most important asset is you and your trust. In this Privacy Policy we will cover what and how we collect, use, disclose, transfer, and store your information.

We want to assure you that Falcon is committed to maintaining the confidentiality, integrity and security of any Personal Information about our users. This Privacy Policy will explain to you what and how we collect, use, disclose, transfer, and store your non-personal and Personal Information shared through our Sites or in connection with our Services.

It is not mandatory for you to provide the Personal Information that we have requested, but, if you choose not to do so, unfortunately, we will not be able to provide you with our Services or respond to any queries you may have.

Principles of Data Processing

Falcon shall apply the following principles when processing your Personal Information:

  1. Lawfulness, fairness and transparency: All Personal Information will processed fairly, transparently and in compliance with applicable laws.
  2. Purpose: Any Personal Information collected will be used for a stated purpose.
  3. Data Minimization: Falcon will collect only the Personal Information that is adequate and relevant to the purposes for which it is collected.
  4. Accuracy: Falcon will keep the Personal Information accurate and, where necessary, kept up to date information.
  5. Storage Limitation: Personal Information will be stored with Falcon for a defined period as per its policy or applicable law.
  6. Integrity and Confidentiality: Falcon will implement appropriate technical, organizational and physical security measures to protect Personal Information.

What kind of Personal Information do we collect?

Falcon collects Personal Information relating to cardholders, merchants or other customers, suppliers and other business partners in order to carry out its business activities. Falcon may collect Personal Information from various sources, including:

  • Information you voluntarily provide, either directly or via our customers;
  • Information automatically collected when you use our Sites and Services, including in our role as a payment processor;
  • Information collected by cookies and other tracking technologies when you use our Sites;

This Personal Information may include:

Contact information, Demographic information, Identification information, Payment transaction information, Financial and credit card information, Technical information, Social media posts, Applications (including job applications)

Non-Personal Information

We also collect information in a form that does not, on its own, permit direct association with any specific individual such as occupation, language, zip/area code, location, time zone, etc. We may collect, use, transfer, and disclose non-personal information for any purpose. This information is aggregated and used to help us provide more useful information to our customers and to understand which portions of Services are of most interest. This aggregated data is considered non personal information for the purposes of this Privacy Notice.

How do we use your Personal Information?

Falcon uses Personal Information internally in relation to:

  1. Conduct its Operations, Risk Management, Transaction Processing, Marketing, development of existing and new Products and for Legal, compliance, regulatory or law enforcement purposes.
  2. Online Session Information and Use is Collected to Improve Your Experience

We may also collect technical and navigational related Personal Information, such as computer browser type, Internet protocol address, pages visited, and average time spent on our Site. This Personal Information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our design and functionality of the Falcon Sites and the Services.

We Use Cookies and other technologies to improve your Experience

We may use cookies and similar technologies to help us better understand user behavior, tell us which parts of Falcon Sites people have visited, and facilitate and measure the effectiveness of offer and Services and improve them.

We treat the information received from cookies and other technologies as non-personal information.

You will have the option to disable cookies. If you choose to do so, unfortunately, certain features of the Falcon website and the Services will not be available once cookies are disabled.

Some web browsers may send out ‘do not track’ signals. There is no industry standard currently in place as to what websites and other online services should do upon receipt of such signals. Should such a standard be developed, Falcon will re-visit its notice, but currently takes no action upon receipt of such signals.

Falcon may offer certain features that are only available through the use of tracking technologies. Temporary cookies are used to enable you to navigate our site and use its features. These are deleted when you close your browser. IP addresses are used in conjunction with cookies for the purpose of “remembering” computers or other devices used to access our Sites.

Analytical or performance cookies collect anonymous information about how visitors use our websites. They allow us to analyse information such as the count of visitors to our websites, what search terms our visitors are using, what pages are viewed, and the last page visited. This information is based on the visitor’s IP address, and we cannot view individual activity tied to a single person.

To the extent that Internet Protocol (IP) addresses (or similar identifiers) are clearly defined to be Personal Information under any local law and where such local law is applicable to Falcon Services, Falcon will manage such identifiers as Personal Information.

Falcon Sites may also contain links to and from third party websites, including those of partner Falcon, advertisers and affiliates. Please note that these websites may have their own privacy notices and cookies policies, and Falcon does not accept any responsibility or liability for these third party websites. The inclusion of links to third party websites in no way constitutes an endorsement by us of such websites’ content, actions, or policies.

How We Use Anonymized Data: Peer Comparisons, Research & Development

Falcon may make anonymous or aggregate Personal Information and disclose such data only in a non-personally identifiable manner to:

(i) advertising, measurement or analytics partners approved by Falcon that conduct research into consumer spending;

(ii) deliver products and services to other clients; and

(iii) Users of the Service for purposes of comparison of their financial situation relative to the broader community.

With whom does Falcon share Personal Information and for what purposes?

Before we share Personal Information, we ensure there are adequate safeguards in place to protect the processing of that data. Falcon does not disclose information that could identify you personally to anyone, except as described in this notice, including, but not limited to:

  • Any Falcon group company;
  • Any group company (such as advisers, share plan, payroll and other third party administrators, agents or contractors working on behalf of Falcon);
  • Financial institution clients;
  • Service providers and other third parties under contract who help with our business operations (including, but not limited to, fraud investigations, site analytics and operations);
  • Regulatory, legal and judicial authorities;
  • Social media sites integrated into web services that we offer;
  • Governmental or quasi-governmental organizations; and
  • Potential purchasers of Falcon.

Falcon may disclose Personal Information to third parties for the following purposes:

  • Legal or regulatory purposes
  • Business purposes
  • Suppliers who assist Falcon with the provision of its Services

Information on cross-border data transfers

Falcon, has its headquarters in Cape Town, South Africa. The data Falcon collects from you may be transferred, stored and processed in a country different from where the data was collected.

By using our FalconSites and Services, you are permitting Falcon (or its authorized service providers) to process, store and transfer Personal Information to a country which is different from where the data was collected. The transfer of information will often be in furtherance of a contract to which you or your bank/merchant are a party. In other cases, the transfer of information will be consistent with the legitimate interests of conducting Falcon Services.

Individual’s Privacy Rights (data subject rights)

Certain laws and regulations give individual data subject rights in relation to their Personal Information (for example, the right to access that data, to rectify inaccurate data, or to erase Personal Information). In certain circumstances, data subjects may have such rights in respect of the Personal Information processed by Falcon.

In such circumstances, where a request to exercise such a right is received by Falcon, it must be forwarded to reservations@cape-collection.com so that it can be handled in accordance with applicable laws and statutory timeframes.

How do we keep your Personal Information safe and secure?

We are bound by our Group Policies

Our employees are committed to maintain the highest data protection standards by complying with this Privacy Notice and our other policies.

All our employees receive trainings on these important requirements at least annually.

We Are Committed To Keeping Your Personal Information Secure

The security of your Personal Information is important to us. As discussed below, we utilize physical, electronic and procedural security measures to protect against loss, misuse, and alteration of Personal Information under our control.

No method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, we cannot guarantee its absolute security. Any transmission is at your own risk.

Restrictions and Monitoring of Our Partners and third parties

Any partners we work with have been selected in accordance with our security and risk management policies and practices and are bound by contractual obligations which includes compliance with Falcon policies and requirements relating to confidentiality, privacy and security. They may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

We may also use third party vendors or service providers to help us provide the Service to you, such as sending e-mail messages on our behalf or hosting and operating a particular feature or functionality of the Service. We require such third parties to maintain the confidentiality of the Personal Information we provide to them.

How long does Falcon store and retain Personal Information?

Falcon will store Personal Information only for the greater of as long as necessary to achieve the purposes for which it was collected and applicable law. Retention periods for transaction and other data categories may vary, depending on our obligations. For example, legal and regulatory compliance with anti-money laundering (AML) and KYC requirements, operational demands, business requirements or dates we assigned based on contracts will also need to be taken into account, and may require retention for a period of up to 7 years after the data was collected or after the merchant or other customer relationship has ended.

What happens in case of a data breach?

In case Falcon is faced with a breach of Personal Information, Falcon shall inform the relevant authorities and the data subjects/data controller where required by applicable law and shall take necessary steps to mitigate the impact of such breach.

Changes and updates to the privacy notice

Falcon may, from time to time, make changes to this Privacy Notice. If any material changes are made as to how Falcon treat Personal Information, you will be notified through this notice on Falcon’s Sites.

This notice is global in scope, but is not intended to override any legal rights in any territory where such rights prevail. In such event, the rights and obligations set out in this Privacy Policy will apply, subject only to amendment under any applicable local law having precedence.

Questions

We have appointed a Data Protection Officer (DPO). If you have questions, comments, concerns or feedback regarding this Privacy Notice or any other privacy concern, contact Falcon at reservations@cape-collection.com.