PRIVACY NOTICE

Effective Date: September 1st 2024

1. Introduction

At Southern Sky Safaris Ltd (“we,” “us,” or “our”), we are committed to protecting your privacy and ensuring that your personal data is handled in compliance with the Kenya Data Protection Act, 2019 (“DPA”). This Privacy Policy explains how we collect, use, and protect the personal information of our customers, website visitors, and users of our services. By engaging with our services, you agree to the practices outlined in this Privacy Policy.

2. Data Controller Information

Southern Sky Safaris Ltd
Malindi Complex Building, Ground Floor
P.O. Box 650, Malindi, Kenya 80200
Email: [email protected]

3. What Information We Collect

We may collect and process the following types of personal data:

a. Personal Identification Information:

Full Name
Email Address
Phone Number
Postal Address
National Identification/Passport Number (for booking purposes)

b. Financial Information:

Credit/Debit Card Details
Payment History

c. Booking and Travel Information:

Travel Preferences (destinations, activities, dates)
Flight and Accommodation Details
Dietary and Medical Requirements (for special assistance)

d. Technical Data:

IP Address
Browser Type and Version
Operating System and Device Information
Cookies and Usage Data

e. Communication Records:

Emails, calls, or other communication made to or from us.

4. How We Collect Your Information

We collect personal data in the following ways:

When you visit our website and fill out a booking form or request information.
When you contact us via email, phone, or social media.
When you engage in any other services we offer (e.g., booking a tour, subscribing to newsletters).
Through third-party platforms or partners that share your information with us in compliance with their privacy policies.

5. Purpose of Data Collection

We collect and use your personal data for the following purposes:

Booking Management: To process and confirm your bookings for tours, transportation, and accommodations.
Customer Communication: To respond to inquiries, provide customer support, and send important updates regarding your tour.
Payment Processing: To handle payments, refunds, and other transactions.
Marketing and Promotions: To send you promotional offers, newsletters, or other marketing communications, with your consent.
Improvement of Services: To analyze usage trends and improve our website, services, and user experience.
Legal Compliance: To comply with legal obligations such as tax laws, accounting, and regulations under the Kenya Data Protection Act.

6. Legal Basis for Processing Personal Data

We will process your personal data on one of the following legal bases:

Consent: When you have given clear consent for us to process your personal data for a specific purpose (e.g., for marketing).
Performance of a Contract: When the processing is necessary for the performance of a contract with you, such as a booking agreement.
Legal Obligation: When processing is required for compliance with a legal obligation.
Legitimate Interests: For the purposes of our legitimate interests, provided that your rights and interests do not override those interests.

7. Data Sharing and Third-Party Disclosure

We may share your personal data with:

Service Providers: Such as airlines, hotels, insurance providers, and payment processors, in order to facilitate your travel bookings.
Business Partners: With whom we collaborate to provide services, including third-party tour operators.
Regulatory Authorities: To comply with legal obligations or regulatory requirements.
Law Enforcement: When required by law or to protect our legal rights.

We ensure that any third parties with whom we share your data are compliant with the Kenya Data Protection Act, and appropriate safeguards are in place.

8. Data Retention

We will only retain your personal data for as long as necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law. Once your personal data is no longer necessary, we will securely delete or anonymize it.

9. Data Security

We take appropriate technical and organizational measures to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. These measures include:

Encryption of sensitive information.
Secure servers and firewalls.
Access control measures to restrict data access to authorized personnel only.
Regular audits of our data protection practices.

However, no method of transmission over the internet or method of electronic storage is 100% secure. While we strive to protect your personal data, we cannot guarantee its absolute security.

10. Your Rights

Under the Kenya Data Protection Act, you have the following rights regarding your personal data:

Right to Access: You can request access to the personal data we hold about you.
Right to Rectification: You can request that any incomplete or inaccurate data be corrected.
Right to Erasure (“Right to Be Forgotten”): You can request the deletion of your personal data in certain circumstances.
Right to Restrict Processing: You can request that we restrict the processing of your personal data in certain situations.
Right to Data Portability: You can request a copy of your personal data in a structured, commonly used, and machine-readable format.
Right to Object: You can object to the processing of your personal data on grounds related to your particular situation.
Right to Withdraw Consent: Where consent has been provided, you can withdraw it at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

To exercise any of these rights, please contact us at [email protected]

11. Use of Cookies

Our website uses cookies to enhance your experience. Cookies are small text files stored on your device that help us remember your preferences and usage patterns. You can set your browser to refuse all or some cookies, but this may limit your ability to use certain features of our website.

12. International Data Transfers

Your personal data may be transferred to, and processed in, countries other than Kenya. Where this occurs, we ensure that appropriate safeguards, such as data protection agreements, are in place to protect your personal data in compliance with the Kenya Data Protection Act.

13. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or industry standards. We will notify you of any significant changes by posting the updated policy on our website.

14. Contact Information

If you have any questions about this Privacy Policy or how we handle your personal data, please contact us at:

Southern Sky Safaris Ltd
Malindi Complex Building, Ground Floor
P.O. Box 650, Malindi, Kenya 80200
Email: [email protected]

15. Contact Information

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please visit: https://southernskysafaris.com/data-rights-request/.

Terms of Use

Effective Date: September 1,2024

Welcome to Southern Sky Safaris (“we,” “our,” or “us”). By accessing or using any of our digital platforms, including our website, mobile applications, or any associated services (collectively, the “Platforms”), you agree to comply with and be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, please refrain from using the Platforms.

1. Acceptance of Terms

By accessing and using the Platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy, which is incorporated by reference.

2. Changes to Terms

We reserve the right to modify or update these Terms at any time, and such changes will be effective immediately upon posting. Your continued use of the Platforms after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms regularly.

3. Eligibility

By using the Platforms, you represent that you are at least 18 years old or have the legal capacity to enter into these Terms. If you are using the Platforms on behalf of an organization, you warrant that you are authorized to agree to these Terms on behalf of that organization.

4. Use of the Platforms

You agree to use the Platforms only for lawful purposes and in accordance with these Terms. You shall not use the Platforms to:

Violate any local, national, or international law or regulation.
Engage in any fraudulent or deceptive activity.
Transmit any unauthorized advertising or promotional materials (spam).
Disrupt or interfere with the security of the Platforms or any networks connected to them.
Use any automated systems, such as bots, to access the Platforms.

5. User Accounts

To access certain features of the Platforms, you may need to create an account. You agree to:

Provide accurate and complete information when registering.
Keep your account credentials secure and confidential.
Notify us immediately of any unauthorized use of your account.
Be responsible for any activity that occurs under your account.

We reserve the right to suspend or terminate your account if we believe you are in violation of these Terms.

6. Booking and Payments

All bookings made through our Platforms are subject to availability and our specific booking policies, which may vary by package or service. You agree to provide accurate payment information, and you authorize us to charge your selected payment method for any services booked. Failure to pay may result in cancellation of your booking.

Refunds and cancellations are subject to our Cancellation Policy, which is available on the Platforms.

7. Content

The content on our Platforms, including but not limited to text, images, graphics, logos, and software, is the property of Southern Sky Safaris or our licensors and is protected by intellectual property laws. You may not:

Reproduce, distribute, or publicly display any part of the Platforms without our prior written consent.
Modify or create derivative works based on the content of the Platforms.
Use our trademarks or logos without written permission.

8. User-Generated Content

If you submit or post any content, including reviews, photos, or comments, you grant Southern Sky Safaris a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, and display that content in any media. You warrant that any content you submit is your original work and does not infringe on the rights of any third party.

We reserve the right to remove any user-generated content that we deem inappropriate or in violation of these Terms.

9. Privacy

Your use of the Platforms is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Platforms, you consent to our use of your information as outlined in the Privacy Policy.

10. Third-Party Links

The Platforms may contain links to third-party websites or services. These links are provided for your convenience, and Southern Sky Safaris does not endorse or assume responsibility for any third-party content or services. You access any linked third-party websites at your own risk.

11. Limitation of Liability

To the fullest extent permitted by law, Southern Sky Safaris and its affiliates, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Platforms. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses.

12. Indemnification

You agree to indemnify, defend, and hold harmless Southern Sky Safaris, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including attorney’s fees) arising from your use of the Platforms, violation of these Terms, or infringement of any third-party rights.

13. Termination

We reserve the right to terminate or suspend your access to the Platforms at any time, without prior notice or liability, if we believe you have violated these Terms or engaged in any unlawful or harmful activity.

14. Governing Law

These Terms and your use of the Platforms are governed by the laws of the Republic of Kenya, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms shall be resolved in the courts of Nairobi, Kenya.

15. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms or conditions applicable to specific features of the Platforms, constitute the entire agreement between you and Southern Sky Safaris with respect to the use of the Platforms.

16. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Southern Sky Safaris Ltd
Malindi Complex Building, Ground Floor
P.O. Box 650, Malindi, Kenya 80200
Email: [email protected]

By using Southern Sky Safaris’ digital platforms, you acknowledge that you have read and agreed to these Terms of Use.

Privacy Policy