1.  INTERPRETATION

1.1      In this Consent, unless inconsistent with or otherwise indicated by the context –

1.1.1   "this Consent" means the consent contained in this document;

1.1.2   “Cookie” means a small file that is placed on your device when you visit a website. In this Policy, a reference to a "Cookie" includes analogous technologies such as web beacons and clear Graphic Interchange Format files ("GIFs");

1.1.3   “the Legislation” means the Protection of Personal Information Act 4 of 2013 as amended, consolidated or re-enacted from time to time, and includes all schedules and regulations thereto and the General Data Protection Regulation 2016/679;

1.1.4   “Personal Information” means information relating to a living, identifiable, natural or juristic person, including but not limited to –

1.1.4.1 information relating to race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of a person;

1.1.4.2 information relating to the education or the medical financial, criminal or employment history of the person;

1.1.4.3 any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

1.1.4.4 the biometric information of the person;

1.1.4.5 the personal opinions, views of preferences of the person;

1.1.4.6 correspondence sent by a person that is implicitly or explicitly of a private or confidential nature of further correspondence that would reveal the contents of the original correspondence;

1.1.4.7 the views or opinions of another individual about a person; and

1.1.4.8 the name of a person if it appears with other personal information relating to a person or if the disclosure of the name itself would revel information about the person;

1.1.5   “Processing” means an operation or activity or any set of operations, whether or not by automated means, concerning Personal Information, including -

1.1.5.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

1.1.5.2 dissemination by means of transmission, distribution or making available in any other form; or

1.1.5.3 merging, linking, as well as restriction, degradation, erasure or destruction of information, and “Processed” and “Process” shall have the corresponding meaning;

1.1.6   “Organisation” means the Two Oceans Aquarium Trust and the Two Oceans Aquarium Education Foundation.

1.2      The clause headings in this Consent have been inserted for reference purposes only and shall not affect the interpretation of any provision of this Consent.

2.  INTRODUCTION

2.1      The Organisation is a responsible party, as contemplated in the Act.

2.2      Accordingly, the Organisation is obliged to comply with the provisions of the Act which deal with the Processing of Personal Information which includes making you aware of the matters dealt with in this Consent.

3.  INFORMATION BEING PROCESSED

The Organisation Processes your name, surname, e-mail address, cellphone number, date of birth in relation to our Membership programme, and relevant health information in relation to our Adventure Diving programme.

4.  PURPOSE

The Organisation will Process the information referred to in clause 3 for the following purposes –

4.1.1      to verify your identity;

4.1.2      to deliver your electronic purchases to the email address provided;

4.1.3      to manage any queries as it relates to your transactions with us.

4.2      to comply with –

4.2.1   any obligations imposed by law; or

4.2.2   orders, directions or requests from any court, authority or government body;

4.3      for marketing (including direct marketing as contemplated in the Act), promotional and customer relationship management purposes. Should you not want to receive these specific communications you can decline by e-mailing aquarium@aquarium.co.za or unsubscribing via our e-mail communication at any time;

4.4      for conducting market research;

4.5      to contact you regarding any competitions you have entered;

4.6      to pursue any other legitimate interest of the Organisation.

5.  DISCLOSURE AND TRANSFER OF PERSONAL INFORMATION

5.1      The Organisation shall disclose and transfer your Personal Information to and jointly use your Personal Information with its subsidiaries, associated companies, business associates, service providers and other persons who it considers appropriate for the purposes stipulated in clause 4 above.

5.2      The persons with whom the Organisation may share your Personal Information shall include but not be limited to –

5.2.1   any entity within the Organisation’s group of companies;

5.2.2   any agent, contractor or third party service provider who provides administrative, marketing and research, distribution, data processing, telecommunications, computer, payment or other services to the Organisation in connection with the operation of its business;

5.2.3   credit reference agencies;

5.2.4   credit and/or debit card companies and/or banks;

5.2.5   government or non-government authorities, agencies and/or regulators;

5.2.6   medical professionals, insurers and medical facilities.

6.  SECURITY MEASURES

6.1      In terms of the Act, the Organisation is obliged to take appropriate, reasonable, technical and organisational measures to prevent –

6.1.1   loss of, damage to or unauthorised destruction of your Personal Information; and

6.1.2   unlawful access to or processing of your Personal Information.

6.2      The Organisation has implemented a POPIA Policy in accordance with the Act.

7.  ACCESS TO OR CORRECTION OF YOUR PERSONAL INFORMATION

7.1      You may request access to the record or a description of the Personal Information held by the Organisation.

7.2      If you believe that your Personal Information held by the Organisation is incorrect you may request that the Organisation –

7.2.1   corrects or deletes the Personal Information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully;

7.2.2   destroy or delete a record of Personal Information about you that the Organisation is no longer authorised to retain in terms of the Act.

7.3      Any requests contemplated in this clause 7 must be made in writing and sent to the Organisation as follows:

aquarium@aquarium.co.za or PO Box 50603, Waterfront, Cape Town, 8002, C/o Information Officer

8.  LODGING AN OBJECTION

8.1      You may object, on reasonable grounds, at any time to the Processing of Personal Information -

8.1.1   that protects your legitimate interest/s, unless legislation permits such Processing;

8.1.2   that is necessary for pursing the Organisation’s legitimate interests or of a third party to whom the Personal Information if supplied, unless legislation permits such Processing; or

8.1.3   for purposes of direct marketing, other than direct marketing to which you have specifically agreed to in terms of this Consent.

8.2      Any objections contemplated in this clause 8 must be made in writing and sent to the Organisation as follows:

aquarium@aquarium.co.za or PO Box 50603, Waterfront, Cape Town, 8002, C/o Information Officer

9.  SUBMISSION OF A COMPLAINT

You have the right to submit a complaint to the Information Regulator established in terms of the Act if you feel that the Organisation has interfered with the protection of your Personal Information in any way.

10. CONSENT

10.1    In light of the content of this Consent, you hereby agree that the Organisation may -

10.1.1 process your Personal Information for the purposes referred to in this Consent;

10.1.2 collect your Personal Information from a third-party source;

10.1.3 retain records of your Personal Information for as long as it deems necessary and, at least, for as long as the Organisation requires in order to comply with any law, code of conduct, including the provisions of the Act;

10.1.4 transfer your Personal Information as contemplated in clause 5; and

10.1.5 Process your information in any way described in clause 1.1.5.1 to 1.1.5.3.

10.2    You understand that failure to provide your consent will result in the Organisation not being able to process your Personal Information, which will result in you not being able to participate in any competitions or marketing related activities.

11. COOKIES AND SIMILAR TECHNOLOGIES

11.1    The Aquarium may Process your Personal Information through our use of cookies and similar technologies.

11.2    When you visit our website we may place cookies onto your device, or read cookies already on your device, provided that you have consented to this (where required) in accordance with applicable law. The Aquarium will use cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We may process your Personal Information through cookies and similar technologies, in accordance with our Cookie Policy.