PRIVACY POLICY

We are providing you with this Privacy Policy (“Privacy Policy”) because we understand that you are concerned about privacy and we understand how important it is that we protect your privacy.

This Privacy Policy together with our Terms and Conditions (which is available on our website) forms the basis on which the Cloud 9 may collect personal data from you, or how personal data is provided to us, and how the Cloud 9 will utilise this information in the ordinary course of business.

This privacy policy governs the www.hotelcloudnine.com website and other personal information acquired through communication with the Cloud 9.

During your engagements with Cloud 9, we collect certain Personal Data in accordance with the law, specifically the Promotion of Access to Information Act 2 of 2000 (“PAIA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and the Protection of Personal Information Act 4 of 2013 (“POPI”).

The information collected by Cloud 9 may include your name(s), gender, identification information, nationality, addresses, contact details, language preference, personal preferences, credit history, previous interactions with Cloud 9 and its affiliates, data contained on public social media platforms, security footage and images, and credit or debit card numbers for online payment purposes.

In terms of the Protection of Personal Information Act (“POPI”), specifically sections 3 and 5, you have certain rights in respect of your personal information. Cloud 9 encourages you to read and understand your rights in terms of the purposes of this Act.

Methods of Collection of Personal Data

Personal Data is collected by a number of different means, including the following:

1. Online Services:

Personal Data is received by Cloud 9 whenever you supply your personal information via our website for the purposes of booking a reservation, making payment for goods and services, or otherwise communicating with us. You may choose not to provide certain Personal Data, but that may limit the services or products that you may wish to obtain from Cloud 9.

Cloud 9 also receives various types of information from you when you access our website, including personal information or data as detailed in the Promotion of Access to Information Act, the Protection of Personal Information Act and Section 1 of the Electronic Communications and Transactions Act.

2. Onsite Interactions:

Cloud 9 acquires Personal Data when guests visit the premises in order to make use of our services.

3. Customer Care Services:

Personal Data is collected when guests or other persons make use of our customer services via telephone, fax, electronic mail or online chat. These communications may be recorded for the purposes of quality assurance and training.

4. Business Transactions:

We collect the Personal Data of companies and persons with whom we contract to provide Cloud 9 and its guests with various goods and services.

5. Promotional Information:

Cloud 9 aspires to provide first-class service to its customers, which necessitates Cloud 9 providing information to you regarding new services or special offers.

6. Surveys and Statistical Profiles:

Cloud 9 understands that efficiency and customer care translate into good service. Cloud 9 may periodically conduct online customer care surveys in order to facilitate the updating of service standards. When it conducts a survey, Cloud 9 will inform you how the information gathered will be used and will provide you with the opportunity to opt out from such surveys. Notwithstanding the foregoing, Cloud 9 may choose to use personal information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including you, by a third party.

Cloud 9 may collect network or traffic data related to your use of and access to our services available on our website. Such data would include, but not be limited to, IP addresses, device and bowser data, location information, user preferences, program usage, number of page visits, page views and time spent using our online services. We use this information for security purposes, research, segmentation of our customer base, marketing our services and to ensure that our online services are operating effectively. Cloud 9 also uses this information to determine use of the website and to improve the content therein.

You may visit the website without providing any personal information. You accordingly hereby grant express written permission for the website servers to collect the aforementioned data, but not the user’s e-mail address or any other distinguishing information. We may also aggregate data that has been collected and this aggregated data will not personally identify you or any other user. Cloud 9 assumes no obligation to protect this information and may copy, distribute or otherwise use such information without limitation.

Subject to the Regulation of Interception of Communications Act 70 of 2002 (“RICA”), you agree that Cloud 9 may intercept, block, read, delete, and use all communications sent or otherwise communicated to Cloud 9, its employees, directors and agents. You agree that your consent satisfies the requirements of ECTA and RICA for consent in “writing” as defined.

To ensure acquaintance with and awareness of the privacy measures and polices of Cloud 9, you are urged to take care to read and understand the ways in which information is received by Cloud 9:

1. Unsolicited Information:

If you post unsolicited content or other information to the website, unless otherwise indicated, then you grant to Cloud 9 a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media. You grant to the Cloud 9 the right to use the name that you submit in connection with such information. You warrant that you own or otherwise control all of the rights to the information that you post; that the information is accurate; that by the supply of the information to Cloud 9, you do not violate this Policy and do not infringe the rights of any person or entity; and that you indemnify Cloud 9 against all claims resulting from the receipt by Cloud 9 of the information you supply to it. Cloud 9 reserves the right but not the obligation to monitor and edit or remove any information posted to public pages. Cloud 9 takes no responsibility and assumes no liability for any information posted by you or any third party.

2. Internet Browser or Device Information:

We collect certain data through your browser or device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version, and the name and version of the Online Services (such as the Apps) you are using. We use this data to ensure that our online services function properly.

3. Location services:

When you visit the website, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city within which you are located and to display a location map containing relevant information. We will not share your current location with other users or partners. If you do not want us to use your location for the purposes set forth above, you may turn off the location services for the website under your account or browser settings, or in your mobile phone settings.

4. Cookies:

We collect certain data from cookies, which provide us with data such as browser type, time spent using our online services, pages visited, referring URL, language preferences and other aggregated traffic data. We use this data for security purposes, to facilitate navigation, to display data more effectively, to collect statistical data, to personalise your experience while using our online services and to recognise your computer to assist you in using our online services in future. We also gather statistical data to continually improve website and application design and functionality, and to assist us in understanding how they are used by customers.

Cookies further allow us to select which advertisements or offers are most likely to appeal to you and display them while you are using the online services or to send marketing e-mails. Cookies also allow us to track customer responses to online advertisements and marketing emails.

If you do not want data collected with cookies, you can choose whether or not to accept cookies by changing your browser settings. However, if you do not accept cookies, you may experience inconvenience in your use of our website. For example, we will not be able to recognise your computer and you will need to log in every time you visit. You also will not receive advertisements or other offers from us that are relevant to your interests and needs.

5. IP Address:

Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP address is identified and logged automatically in our server log files when a user accesses our website, along with the time of the visit and the pages that were visited. We use IP addresses to determine usage levels of our online services and to diagnose server problems.

We may use your information to confirm that your booking has been received; to validate you as a guest when using our services and calling us; to prevent and detect criminal activity, fraud and misuse of or damage to our services or network; to prosecute those responsible and to contact you to invite you to form part of our customer panel or various research groups.

We may also use your personal information and process such information for the purposes of management, research, analysis, corporate reporting, credit scoring and improving business efficiencies.

We may use personal information collected about you to contact you by post, telephone and electronic mail (that is e-mail, picture, video and short message service) about functionality changes to our website or changes to our Terms and Conditions of use and to communicate with you regarding the use of our services.

We may use the information collected about you to contact you by post or telephone about new customer offers and services. We may also contact you by electronic mail for these purposes, subject to any preferences selected by you.

Subject to your preferences in respect of each of our services, selected third parties may use the personal data collected about you to contact you in respect of information that you might find interesting.

You have the right to access information that we hold about you. The information about you which has been collected by Cloud 9 shall be made available to you upon request.

Cloud 9 provides its products and services in conjunction with its affiliates and subsidiaries. Personal Data is shared with those affiliates and subsidiaries, should they require it, in order to give effect to transactions that you choose to enter into. In this regard, and unless specifically restricted by you from the license below, you hereby and when entering into the specific transactions in question expressly grant in writing to Cloud 9 and its affiliates and subsidiaries the right to collect and use, the Personal Data provided by you, for the purposes set out above.

Cloud 9 may enter into business arrangements whereby its customer base is considered one of its most valued assets. In such an event, customer information will be one of the transferable assets.

When Cloud 9 is served with due legal process requiring the delivery of personal information, it has the legal duty to abide by that demand, and will do so. Cloud 9 may also impart personal information if permitted or required to do so by law, or to protect and defend the rights or property of Cloud 9.

Although Cloud 9 takes all reasonable measures to ensure the security and confidentiality of your personal information, it is possible for internet-based communications to be intercepted. Without the use of encryption, the internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.

Cloud 9 will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Cloud 9 through the internet, or that you expressly or implicitly authorise Cloud 9 to make, or for any errors in or changes made to transmitted information.

The time periods for which we keep your personal information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to store your information, however, we will not keep it for longer than necessary for the purpose for which the personal information was collected or for which it is to be processed.

Cloud 9 reserves the right to change, modify, add to or remove from portions or the whole of this Privacy Policy from time to time. Changes to this policy will become effective upon such changes being posted to this website. It is your responsibility to periodically check this policy at the website for changes or updates. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by this policy, including such changes or updates.