Who we are: We are Cape Seven Ltd (the “Company” or “we” or “us”).
The Company and personal information: We are committed to lawful, fair and transparent processing of all personal information about our customers during the course of our business activities. We will comply with any applicable data protection legislation and we will ensure that collection and use of personal information is carried out in accordance with applicable data protection laws. The main law governing data protection is the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016) known as the “GDPR”.
What this policy is: This policy governs the use by the Company of your personal information which is available to us in connection with your use of our website (www.capeseven.com) (the “Website”) and sets out the basis on which we will process any personal information about you or individuals generally. This policy sets out rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer or store personal information.
1. The kind of personal information we hold about you
We may collect, record, organise, structure, store, adapt, alter, retrieve, consult, use, disclose by transmission, disseminate or otherwise make available, align or combine, restrict, erase or destroy the following types of personal information about you:
• Personal contact details such as name, shipping addresses, telephone numbers, and personal email addresses.
• Demographic information such as your postcode
• Credit card details including card numbers and expiration date
• Details of transactions you carry out through our website or by other means, the fulfilment of your instructions and any subsequent communications with you about any of these.
• Details of your visits to our website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own administrative purposes or otherwise and the resources that you access.
2. How is your personal information collected?
2.1 If you purchase tickets from us, we request certain personally information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date).
1.2 We will only collect personal information to the extent that it is required for the specific purpose notified to individual about whom we are collecting it - and we will keep it only as long as is necessary.
3. How we will use personal information
3.1 We will only use your personal information when the law allows us to do so and relying on a relevant basis for lawful processing in each instance. We will use your personal information in the following circumstances, relying on the basis of processing indicated:
3.1.1 Where we need to perform a contract we are about to enter into or have entered into with you.
• To carry out our obligations arising from any contracts entered into between you and us (e.g., dealing with your orders, contacting you if we have trouble processing an orderperforming any services requested by you, and record keeping).
• To provide you with information, products or services that you request from us
3.1.2 Where it is necessary for our legitimate interests (or those of a third party) and we have undertaken an assessment to determine that processing for those interests (listed below) does not outweigh your interests and fundamental rights, considering the nature and impact of the processing and any relevant safeguards we can put in place.
• To ensure that content from our website is presented in the most effective manner for you and for your computer
• To provide you with information, products or services that we feel may interest you, (where you have consented to be contacted for such purposes to the extent consent is required by law)
• To allow you to participate in interactive features of our service, when you choose to do so
• To notify you about changes to our service
• To maintain a basic amount of information about you and your transaction history, in order to provide you service tailored to your preferences
3.1.3 Where we need to comply with a legal or regulatory obligation.
• To retain basic transaction details for the purpose of tax reporting
3.1.4 Where you have consented to the processing
• To send you direct marketing communications via email, text message, fax or automated call. You have the right to withdraw consent to any such use at any time by contacting us.
3.2 Please note that we may process your personal information for more than one lawful basis depending on the specific purpose for which we are using your data. If you need details about the specific legal basis we are relying on to process your personal information – Please email us at firstname.lastname@example.org.
3.3 We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. Please contact us if you would like further details of any additional purposes of processing. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis that allows us to do so.
3.4 Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). If this happens, we may have to cancel, or be unable to provide, any services you have requested and we may be unable to offer any services.
3.5 Please note that we may process your personal information without your knowledge or consent where required or permitted by law.
3.6 If you provide us with any personal information relating to relatives, partners or other individuals it is your duty to make such persons aware that their personal information may be shared with us and to provide them with appropriate information about how their personal information may be processed by us.
4. Direct Marketing
As indicated above, we may use your personal information to provide you with information about goods and services which may be of interest to you and we may contact you about these by post, email or telephone. This is known as direct marketing.
Examples of direct marketing may include:
4.1 If you subscribe to our newsletter(s) or promotional communications, we will use your name and email address to send the newsletter or promotional communications to you.
4.2 We may disclose your information to third-parties (including our subsidiaries, our ultimate holding company and its subsidiaries) for the purpose of direct marketing.
4.3 We and our business partners may contact you from time to time to tell you about goods and services the same as or similar to those that you have enquired about.
4.4 We and selected third parties (to whom we may pass your personal information) may wish to contact you from time to time to tell you about other matters that we believe may be of interest to you.
We will only process personal information for the above purposes with your specific consent. You have the right to withdraw this consent at any time. You can withdraw your consent by indicating this when submitting email forms on the Website or by emailing us at any time at email@example.com.
5. Data sharing
5.1 Why we might share your personal information with third parties
5.1.1 in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
5.1.2 if our business or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets;
5.1.3 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions of Use and any other contract entered into with us, or to protect the rights, property, or safety of our customers, ourselves or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
5.1.4 if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website;
5.1.5 We use a credit card processing company to bill you for goods and services. We will disclose your name, billing address and credit card Information to these credit card processing companies. We and these companies do not retain, share, store or use your personal information for any other purposes; and
5.1.6 We may also share personal information we hold with selected third party service providers to process your personal data. If we use a third-party data processor to process personal data on our behalf, we will obtain contractual commitments to safeguard the security of the personal data to ensure that the third party only acts on our instructions when using that personal data and that the third party has in place appropriate technical and organisational security measures to safeguard the personal information.
5.2 We may transfer certain personal information to companies which may be located outside of the European Economic Area, including in the United States. Whenever we transfer your personal information to countries outside of the European Economic Area, we will ensure that one of the following conditions is met:
• The country to which the personal information are transferred ensures an adequate level of protection for that individual’s rights and freedoms;
• An individual has given their explicit and informed consent having had the risks explained to them;
• The transfer is covered by one of the derogations set out in the GDPR, including the performance of a contract between us and that individual , or to protect the vital interests of individuals;
• The transfer is legally required on important public interest grounds or for the establishment, exercise or defence of legal claims; or
• The transfer is authorised by the relevant data protection authority where we have checked adequate safeguards exist with respect to the protection of the individual’s privacy, their fundamental rights and freedoms, and the exercise of their rights.
Subject to the requirements as set out above, the personal information we hold may also be processed by our employees, operating outside the EEA, who work for us or for one of our suppliers. Those members of staff may be engaged in, among other things, the fulfilment of contracts with the relevant individual, the processing of payment details and the provision of support services.
6.1 Certain parts of the Website uses "cookies" to keep track of your visit and to help you navigate between sections. A cookie is a small data file that certain websites store on your computer's hard-drive when you visit them. They can contain information such as your user ID and the pages you have visited. The only personal information a cookie contains is information you have supplied yourself.
7.1 The Website has numerous security measures in place to protect the loss, misuse and alteration of information under our control, such as passwords and firewalls. We will always take appropriate technical and organisational measures to protect personal information against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing (including taking reasonable steps to ensure the reliability of employees who have access to personal information).
7.2 If you register to use secured parts of the Website, you may be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur under your password. If you know or suspect that someone else knows your password you should notify us immediately at the address above. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account until your identity has been verified and the account has been satisfactorily secured.
7.3 Our Website may, from time to time, contain links to and from other websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
8.1 In this Policy, where we need your consent, we will make sure that that consent:
• is specific consent for one or more specified purposes; and
• is given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of your agreement to the relevant processing of personal information.
9. Automated Decision-Making
9.1 Automated decision-making takes place when an electronic system uses personal information to make a decision relevant to you without human intervention.
9.2 We may process automated decision-making in the following circumstances:
9.2.1 Where we have notified an individual of the decision and given that individual 21 days to request a reconsideration.
9.2.2 Where it is necessary to perform the contract with an individual and appropriate measures are in place to safeguard that individual’s rights.
9.2.3 In limited circumstances, with an individual’s explicit and informed consent and where appropriate measures are in place to safeguard that individual’s rights.
9.2 We will not make any decision that would significantly affect an individual based solely on processing by automated means, unless we have taken measures to protect the legitimate interests of that individual . If decisions are made by automated means, the individual has the right to know the logic involved in that decision-making.
10. Data Retention
10.1 We will not keep personal information in a form which permits identification of individuals for longer than is necessary for the purpose or purposes for which they were collected. We will take all reasonable steps to destroy, or erase from our systems, all data which is no longer required. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of personal information, the purposes for which we process information and whether we can achieve those purposes through other means, and the applicable legal requirements.
10.2 We will only keep personal information for as long as is necessary for the purpose or purposes for which that personal information are processed; and we will let anyone about whom we process data know how long that is or the criteria that go into deciding how long that is.
10.3 We may sometimes anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
11. Notices of your rights
11.1 Under certain circumstances, you have rights under data protection laws in relation to your personal information, as summarised below. You have the right to:
11.1.1 Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
11.1.2 Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
11.1.3 Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
11.1.4 Object to processing of your personal information where we are relying on a legitimate interest (of our own or of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
11.1.5 Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
11.1.6 Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
11.1.7 Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
11.2 If you wish to exercise any of the rights set out above, please contact us by emailing us at firstname.lastname@example.org. We aim to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
11.3 You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive - alternatively, we may refuse to comply with your request in these circumstances.
11.4 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask for further information in relation to your request to speed up our response.
13.1 You have the right to make a complaint at any time to the Information Commissioner's Office, the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the Information Commissioner's Office, so please contact us in the first instance.