PhenixII Tour Group

                                       Website Terms & Privacy Policy

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Updated: 10 April 2024

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1. Introduction

 

This website is owned and operated by PhenixII Tour Group (Pty) Ltd, Registration Number 2016/296279/07, located at 39 Kentucky Street, Riverlea, Johannesburg, 2093, South Africa.

 

The information contained on this website is for quotes, purchases, changes in original orders, subscriptions and general information relating to our company, its products and services. The information is provided by PhenxiII Tour Group (Pty) Ltd, and while we endeavour to keep the information up to date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at own risk.

 

In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever, arising from loss of data or profits arising out of, or in connection with, the use of this website.

 

Through this website, you are able to link to other websites, which are not under the control of PhenixII Tour Group (Pty) Ltd. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

 

Every effort is made to keep the website up and running smoothly. However, PhenixII Tour Group takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

 

Travel Products that are provided by a variety of PheniII Tour Group’s suppliers and service providers, with regard to products and services mentioned on its website, are presented “As Is” and “Where Available”, and PhenixII Tour Group makes no representations or warranties with regard to the same.

 

PhenixII Tour Group expressly disclaims all implied warranties, obligations and liabilities arising by law or otherwise, with respect to the marketing software and the travel products and services offered by suppliers and service providers, including without limitation any (a) implied warranty of merchantability or fitness for a particular purpose; (b) implied warranty arising from course of performance, course of dealing or usage of trade, or (c) implied warranty of non-infringement.

 

By using supplier and service provider products/services, you acknowledge that such products/services are provided by the applicable travel suppliers and not by PhenixII Tour Group. PhenixII Tour Group will have no liability to the Client, Sales Agent or any of its customers, or any suppliers used by PhenixII Tour Group for (a) any failure of the Marketing Software or the systems of any third party that results in the failure or inability to process a transaction, or (b) the quality of the Travel Products provided by Travel Partners as presented on the Company’s website to customers.

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We may recommend use of products, services and software on web sites that are owned or operated by other companies. We offer or facilitate this recommendation through hyperlinks or other methods to aid your access to the third-party resource. While we endeavor to direct you to helpful, trustworthy resources, we cannot endorse, approve, or guarantee software information, products, or services provided by or through a third-party resource or track changes in the resource. Thus, we are not responsible for the content or accuracy of any third-party resource or for any loss or damage of any sort resulting from the use of, or for any failure of, software, products or services provided at or from a third party resource.

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We recommend these resources on an “as is” basis. When you use a third party resource, you will be subject to its terms and licenses and no longer be protected by our privacy policy or security practices, which may differ from the third party policy or practices or other terms. You should familiarize yourself with any license or use terms of, and the privacy policy and security practices of, the third party resource, which will govern your use of that resource.

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2. Protecting your information

 

2.1 We take website security very seriously and we are committed to safeguarding your personal information. We take a number of administrative and technical steps to ensure the security of the information provided by you.

 

2.2 The privacy policy applies where we are acting as data controllers with regard to the personal data of our website visitors and service users, i.e. we determine the purposes and means by which personal data is processed by us.

 

2.3 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information.

 

2.4. The policy set forth the terms and conditions under which you may use our website for quotes, purchases, changes in original orders, subscriptions and general information relating to our company, its products and services.

 

2.5. This website offers visitors tour and travel products. By accessing or using the website of PhenixII Tour Group, you concede that you have read, understood, and agree to be bound by these Terms. 

 

3. Cookies

 

Most browsers have options that allow the visitor to control whether the browser will accept cookies, reject cookies, or notify the visitor each time a cookie is sent. You may elect to reject cookies by adjusting your browser’s settings, but you must keep in mind that doing so, will limit the range of features available to the visitor on all major websites that use cookies as well.

 

3.1 Cookies allow us to obtain information regarding users of our website, which essentially helps us to provide you with a better user experience, and tailor our services to your individual needs. We may collect information such as your IP address, online activity, web browser details and online activity. We do not, however, store nor collect any of your passwords or other highly sensitive information.

3.2 We use cookies on our website to track user interactions and to enable features of our content management system. Cookies do not contain any personal information about you. Some third-party vendors like LinkedIn, Facebook and Twitter, and other online Platforms and Portals may use cookies on our site. The Privacy Policy of PhenixII Tour Group does not apply to the activities of other websites and other online Platforms and Portals.

3.3 Our service providers and suppliers use cookies and those cookies may be stored on your computer when you visit our website.

3.4 We use Google Analytics. Google Analytics gathers information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website.

 

4. Managing Cookies

 

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can, however, obtain up-to-date information about blocking and deleting cookies via the following links. 

• Cookie settings in Firefox

• Cookie settings in Internet Explorer

• Cookie settings in Google Chrome

• Cookie settings in Safari (OS X)

• Cookie settings in Safari (iOS)

• Cookie settings in Android

To opt out of being tracked by Google Analytics across all websites, visit this link: http://tools.google.com/dlpage/gaoptout.

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5. Who Can Use the Website

 

4.1 In order to use our website and/or receive our products/services and general company information, you must be at least 18 years of age, of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement.

 

4.2 You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

6. Information Collection

 

6.1 When you use the website of PhenixII Tour Group, but have not made any purchases on the site, it means that you browse anonymously. PhenixII Tour Group cannot use information gathered to identify, contact, nor locate the person to whom such information belongs, including, but not limited to, a first and last name, e-mail address, a home, postal or other physical address, or other contact information. Such information is not collected when you browse.

 

6.2 When you subscribe to our newsletter and VIP Club, participate in surveys, request a quotation, make a booking, make changes to original bookings, or request general information about our company or products and services, you may be asked to provide us with Personal Information which is used to expedite communications, allow you to receive electronic/postal mailings, or to be contacted as requested. We may also use this personal information to generate market research reports.

 

6.3 Other information collected, for example, concerning health when making a booking, may be considered “sensitive personal data”. Such information is collected to ensure that we act in your interest and we are only prepared to accept sensitive personal information from you on the condition that we have your positive consent. PhenixII Tour Group seeks this information whenever you make a tour booking with us, without giving you written notification or getting written consent from you.

 

6.4 The personal information that PhenixII Tour Group collects about you may include:

 

• Name, addresses and telephone numbers;

• Email addresses, fax numbers and other relevant numbers;

• Online forms of payment like credit/ debit card number(s), including associated billing address(es) and expiration date(s);

• Information necessary to facilitate travel or other services, including travel companion(s) names, emergency contacts and special service needs relating to a medical condition, or dietary restrictions (including medical/food allergies) which may disclose your religious beliefs, Passport number, nationality and country of residence;

• Information provided via subscriptions, survey, focus group or other marketing research efforts;

• Information provided to customer-service representatives, including third party travel companies selling tour packages on behalf of PhenixII Tour Group, for research purposes and to resolve issues or questions relating to our products and services.

 

7. Use of Personal Information

 

7.1 We do not collect any information for travel products and services offered through our website on behalf of other travel companies, nor services such as self-service devices, flight status notification and web check-in, and will not be held liable for any breach in customer privacy relating to products from other travel companies sold through our website.

 

7.2 We may use Personal Information you have given us to provide a service, ensure proper booking procedures, and to inform you about products and services.

 

7.3 If you have provided your e-mail address to us, it means you also authorised us to send you marketing materials and special offers. These e-mails may be based on Personal Information provided by you through subscriptions, surveys, quotations, bookings, changes in original orders, general information requests, as well as external sources. These e-mails will come directly from PhenixII Tour Group, and you can opt-out from receiving any communication from PhenixII Tour Group, by e-mailing us.

 

7.4 We value the opinions and comments from the Clients of PhenixII Tour Group, as it gives us an opportunity to improve our services and product offerings, and to make improvements to our website. This is done through the newsletter and surveys and we may ask for your Personal Information, so that we can appropriately identify you. Participation in surveys is voluntary and you can select whether or not to disclose the required information.

 

7.5 We use Personal Information for personalisation of content, business information and user experience, client account set up, administration, delivery of marketing materials, events communication, internal research and development purposes, providing products and services, legal obligations for the prevention of fraud, meeting internal audit requirements, and travel service providers.

 

8. Legal Basis for processing personal data

 

8.1 We may process data about your use of our website and services. The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analyzing the use of the website and services. The legal basis for this processing is consent, or our legitimate interests, namely, monitoring and improving our website and services, or providing specific information about our company, products and services requested by you.

 

8.2 We may process your website user account data. The account data may include your name and e-mail address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website, products and services, maintaining back-ups for our databases and communicating with you. The legal basis for this processing is consent or our legitimate interests, namely the proper administration of our website and business, or the performance of an agreement between you and us, and/or taking steps, at your request, to enter into such a contract, or for dispute and legal purposes.

 

8.3 We may process information that you post for publication on our website, in our newsletter, through surveys or through our services and products. The publication data may be processed for the purposes of enabling such publication and administering our website, products and services. The legal basis for this processing is consent, or our legitimate interests, namely, the proper administration of our website and business, or the performance of an agreement between you and us, and/or taking steps, at your request, to enter into such an agreement, or for marketing and advertising purposes.

 

8.4 We may process information contained in any enquiry you submit to us regarding products and services. The enquiry data may be processed for the purposes of offering, marketing, and selling relevant products and services to you. The legal basis for this processing is consent, or our legitimate interests, namely, the proper administration of our website and business, or the performance of an agreement between you and us, and/or the taking of steps, at your request, to enter into such an agreement, or for marketing and other statistics to further business development.

 

8.5 We may process information relating to transactions, including purchases of products and services that you enter into with us, and/or through our website. The transaction data may include your contact details, your credit/debit card or any other payment gateway details, and the transaction details, including our payment to service provider (s).  The transaction data may be processed for the purpose of supplying the purchased products or services, and keeping proper records of those transactions. The legal basis for this processing is, the performance of an agreement between you and us, and/or taking steps, at your request, to enter into such an agreement; providing that, if you are not the person contracting with us, the legal basis for this processing is our legitimate interests, namely, the proper administration of our website and business, or legal purposes.

 

8.6 We may process information that your provide to us for the purpose of subscribing to our e-mail notifications and/or newsletters. The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent, our legitimate interests, namely communications with our website visitors, and service providers, or the performance of an agreement between you and us, and/or taking steps, at your request, to enter into such an agreement, or for our legitimate interests, namely, the proper administration of our website and business.

 

8.7 We may process any of your personal data indentified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely, the protection and statement of our legal rights, your legal rights, and the legal rights of others.

 

8.8 We may process any of your personal data identified in this policy where necessary for the purpose of obtaining or maintaining insurance coverage, visas, reservations with services providers, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risk.

 

8.9 In addition to the specific purposes for which we may process your personal data set out in this Section 6, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

 

8.10 You may not supply any other person’s personal data to us, unless we prompt you to do so.

 

9. Sharing your personal data

 

9.1 We respect your personal data and your confidentially, but may have to share it with others when necessary, to provide products and services, or conduct business operations, as outlined in 7 above.

 

9.2 We may disclose your personal data to our professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, visas, placing reservations with service providers, managing risks obtaining professional advice or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

 

9.3 Your personal data held on our website database, or in any other source pertaining to our business operations, will be stored on the servers of our hosting services providers identified.

 

9.4 We may disclose your personal data to our service providers and suppliers, insofar as reasonably necessary for the purpose of travel bookings and reservations.

 

9.5 In addition to the specific disclosures of personal data set out in this Section 7, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of a natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

 

10. International transfers of your personal data

 

This section provides you with information about the circumstances in which your personal data may be transferred to countries outside your home country.

 

10.1 The hosting facilities for our website are situated in the United States of America. Transfers to the United States of America will be protected by appropriate safeguards, namely, the use of standard data protection clauses adopted or approved by the United States of America.

 

10.2 Service providers and suppliers are situated in countries in Southern Africa, European countries, the United States and Europe. Transfers to each of these countries will be protected by appropriate safeguards, namely, the use of standard data protection clauses adopted or approved by the authorities in the respective countries.

 

10.3 You acknowledge that personal data that you submit for publication through our website or other services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

 

11. Retention and deletion of personal data

 

This Section sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

 

11.1 Personal data processed by us for any purpose or purposes shall not be kept for longer than is necessary for the purpose or those purposes.

 

11.2 We will retain your personal data as follows:

(a) Usage data shall not be retained for longer than is necessary for the purposes for which it is being processed.

(b) Account data shall not be retained for longer than is necessary for the purposes for which it is being processed.

(c) Publication data shall not be retained for longer than is necessary for the purposes for which it is being processed.

 (d) Enquiry data obtained shall not be retained for longer than is necessary for the purposes for which it is being processed.

(e) Transaction data shall not be retained for longer than is necessary for the purposes for which it is being processed.

(f) Notification data shall not be retained for longer than is necessary for the purposes for which it is being processed (providing that we will retain notification data insofar as necessary to fulfil any request you make to actively suppress notifications).

 

12. Securing your personal data

 

We will dispose of your data securely when no longer needed to reduce the risk that it will become inaccurate, out of date or irrelevant.

 

13. Your rights

 

This Section lists the rights that you have under data protection law.

 

13.1 Your principal rights under data protection are:

(a) The right to access – you can ask for copies of personal data.

(b) The right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data.

(c) The right to erasure – you can ask us to erase your personal data.

(d) The right to restrict processing – you can ask us to restrict the processing of your personal data.

(e) The right to object to processing – you can object to the processing of your personal data.

(f) The right to data portability – you can ask that we transfer your personal data to another organization or to you.

(g) The right to complain to a supervisory authority – you can complain about our processing of your personal data.

(h) The right to withdraw consent – to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.  

 

13.2 These rights are subject to certain limitations and exceptions as prescribed by South African law relating to data protection.

 

13.3 You may exercise any of your rights in relation to your personal data by written notice to us, using the contact details set out below.

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Contact Person: Jane Davids (Manager)

Telephone: +2764 826 6532

E-mail: info@phenixii.com 

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