Data Protection Policy
WEBSITE USAGE TERMS & CONDITIONS
Allowed use and license
1.1 We license You the User to view, download and print the content of this Website, provided that such content is used for private, personal, educational and/or non-commercial purposes only;
1.2 Content from this Website shall not be used or exploited by Users for any commercial and non-private purposes without Our prior written consent.
1.3 Users may only access, browse and use this Website for legitimate personal or commercial purposes and may not use this Website or any of Our services and/or products for:
- Harmful purposes.
- Illegal purposes.
- Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
- The creation, storage and sending of unsolicited commercial communications.
1.4 If any User uses content from this Website in breach of the provisions detailed herein, we reserve the right to claim damages from You the User.
1.5 We shall not be liable, in any manner whatsoever, for any damage, loss, or liability that resulted from the use of such content by the User or any third party who obtained any content from the User AND We shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from this Website, if such content was accessed through a hyperlink not directed at the home page of this Website. Persons that wish to link to content beyond the homepage of this Website shall do so at their own risk and indemnify US against any loss, liability or damage that may result from the use of content from this Website.
1.6 No person may frame this Website, in any manner whatsoever, without Our prior written consent.
1.7 E-mail addresses, names, telephone numbers, and fax numbers published on this Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on this Website may be used to communicate unsolicited communications to Us; and All licenses and/or permissions granted in terms of this clause 1 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Us at any time without prior notice or giving reasons, therefore.
Intellectual property rights
2.1 All intellectual property on this Website, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Us and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 3, all other rights to intellectual property on this Website are expressly reserved; and
2.2 No person may use logos, icons, or trademarks from this Website as hyperlinks or for other purposes without Our prior written consent.
Software and equipment
It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and this Website and/or download content from this Website.
Full name and registration number of the website owner (We / Us / Our):
Mara Bush Camp Ltd
Off Riverside Drive
on Riverside Lane P.O.BOX 39094, 00623 Nairobi – Kenya
Tel: +254 733 888042 / +254 708455642
Reservations: +254 700141736
This Website offers, facilitates, or enables the following services:
Travel information; Access to this Website; The inability to access this Website; The services and content available from this Website; or These terms and conditions; Travel ideas; Specialist vacation consulting; Travel advice; Safari planning; and Travel enquiries.
NOTE: You are not permitted to use our website unless you are at least 18 years of age and are able to enter into legally binding contracts (our website is not available for use by minors).
You may not use the website to make any false, fraudulent or speculative orders or requests or any order or request in anticipation of demand; nor to post or transmit any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; nor for any other purpose that is unlawful or prohibited by this Policy. At any time and without advance notice or liability, your access to all or any component of the website may be terminated or restricted.
By continuing to browse our website, you consent, acknowledge and agree to the provisions of this Policy.
We Sunworld Safaris Ltd (list respective other companies as required based on the website) take the privacy of your personal data seriously and we value your personal data and place great importance on your ability to control your personal data. Therefore, we would like to be transparent about which data we collect, how we collect and how we process them. We would also like to ensure that you are provided with sufficient information so you can make the right choices about all our products and/or services and provisions.
We constantly work to gain your trust around five key areas in relation to our processing of your personal data:
Control: We provide you with control over the processing of your personal data in a direct way and with clear choices. As such, should you wish to withdraw your consent to our processing of your personal data, you may get in touch with our office and request the same.
TRANSPARENCY: Our procedures for the collection and processing of data are completely transparent in order for you to make informed choices. We respect your decisions around your personal data and only process your personal data in line with your consent. We also constantly strive to ensure that the data we collect is accurate and periodically review your personal data to ensure that it is still accurate and up to date.
LEGAL PROTECTION: We comply with all applicable laws and regulations regarding the protection of your personal data. As such, we only process your personal data where there is an appropriate legal basis or a legitimate interest that is clearly connected to the specific purpose of the processing. We also ensure that the processing is necessary for the purpose and restrict our processing of your personal data where the legal basis or legitimate interest ceases to apply.
SAFETY: We protect your personal data by employing data security measures that are appropriate and afford adequate protection to your personal data. Owing to the constant evolution of cybercrime, we also strive to constantly monitor and improve our data security measures to ensure that your personal data is secure and protected.
PERSONALISED EXPERIENCE: The personal data collected from you assists us to customize our products and/or services to your individual needs and preferences, such as providing you with information, products, provisions and services tailored to your needs and preferences with the aim of ensuring that your user experience is, and remains, the best possible.
As part of our efforts, your contributions are important to us. If you notice something that does not function as expected in relation to the protection of your personal data, please contact us using the contact information provided at the end of this Policy. Prior to providing us with any submissions, please read the sub-heading Submissions contained in this Policy.
This Policy explains what kind of personal data we collect from you through our interactions with you, and how we process this data.
PERSONAL DATA WE COLLECT
We collect your personal data so that we can provide you with personalized services and communication in order to provide you with the best possible interaction with us. We also collect your personal data to process your orders or requests, to display relevant ads to you and provide you with appropriate direct marketing materials. Some of the data we collect is provided directly by you, such as, for example, when you browse our website, when you subscribe to our contact list, when you enter into a contract with us or when you contact us for information. Other instances of data being provided by you are when you complete any forms provided by us, complete any surveys or provide any information to us (in person, over the phone, over any messaging service or otherwise).
Generally, we collect data from you when you:
- Contact us in person, by telephone, by letter, or by email.
- Visit our websites.
- Connect with us on social media.
We may collect personal information about you when you:
- Purchase or make enquiries about travel arrangements or other products and services.
- Enter competitions or register for promotions.
- Subscribe to receive marketing from us (e.g. e-newsletters);
- Request brochures or other information from us; or
- Provide information, or use our services, on social media.
Unless you choose to do so under a pseudonym or anonymously, we may also collect your personal information (except sensitive information) when you complete surveys or provide us with feedback.
We also collect some data relating to you indirectly, by recording how you interact with our products and services, and by using cookies (as detailed in our Cookies Policy).
We also collect data relating to you from third parties, which we protect under this Policy subject to any restrictions imposed by the provider of these data. These providers may differ over time, but may include the following:
- Social networks.
- Service providers who help us specify your location based on the IP address.
- Widely available data sources, such as free state databases or other free-to-use data.
- Publications and databases.
- Surveillance cameras in and around our premises.
- Web browsing.
- Biometric technologies.
Where we collect personal data indirectly, we shall notify you within fourteen (14) days of the collection that we have collected your personal data indirectly.
By using this website, you consent to the collection of data directly from you and indirectly.
When we ask you to provide us with your personal data, you have the following two options:
- to accept; or
- to refuse.
Under this feature, if you choose not to provide the information necessary for the supply or provision of a product/service, you will not be able to buy or use it.
The data we collect depends on the general context of your interaction with us, the options you select, including the settings for the protection of your personal data, as well as the products and/or services and features that you use. The data we collect may include the following:
NAME AND CONTACT DETAILS:
- Last name
- Date of birth
- Mobile phone number
- Email and other similar contact information
- Company name
- KRA Pin Number
- Registered office
- Credit/Debit Card Details
- Bank account details
- Passwords and/or similar information used for the safety of your account(s)
- Passport/National Identity Card
- Demographic data
- Date of birth
- Country/city/region of residence
- Language preferences
- Favourite products / Preferred itineraries
- Travel and purchase habits, as well as your interests and preferences that can be deduced or derived from other data we collect
- Personal experiences from your use of our website, products and/or services
DEVICE AND USAGE DATA:
When you browse our website with your device, we collect data related to your device and the way you interact with us and our products and/or services. For example, we collect data regarding the features you use, information of the products you buy or services you use, and your browsing on our website. This data includes your commands and interactions through text and other systems we have. This data also includes the settings you choose and the software configuration you commonly use.
CONTACTS AND RELATIONSHIPS:
We collect the information you provide us regarding your relationships with other registered users of our services or consumers of our products and services. We collect this data to help us better market our products and/or services to you.
To improve our products and/or services with location features, we collect location data of varying degrees of precision. The accurate location data can be data from the Global Navigation Satellite System (GNSS) (such as GPS), as well as data from nearby cellphone antennas and Wi-Fi hotspots that we collect when you activate products or features based on location. Inaccurate location data includes the locations resulting from your IP address, data indicating less precisely where you are, such as city or postal code, etc. We accept no liability for the inaccuracy of any location data we collect.
If you visit our premises, offices, or other facilities of the properties associated with us your image, actions and movements shall be recorded by our security cameras. These are primarily intended to safeguard our interests, such as the security of our premises, properties and facilities, and for use in case of any claims, allegations or accusations.
We also collect the information you provide us and the content of the messages you send to us, such as your comments and reviews about our products and/or services, or questions and information you provide to us. These are collected to help improve our products and/or services and our business as a whole.
WHY DO WE COLLECT YOUR INFORMATION?
We collect, hold and handle your personal data for a variety of business purposes, including to:
- Provide you with our and our partners’ travel products and services, administer your reservations and tours, manage your booking account settings and generally administer and manage our customer relationship with you.
- If you are a business partner, supplier or agent, to manage our business relationship with you.
- Contact you and process your communications with us, for example, to respond to your queries or complaints, or if we need to tell you something important, or invite you to complete a booking (for example, if you started but did not complete an online tour reservation with us);
- Generally, improve our products and services and your user experience with us;
- Comply with our legal obligations and assist government and law enforcement agencies or regulators; and
- Carry out our marketing activities, including identifying and telling you about other travel-related products or services that we think may be of interest to you, processing feedback forms and other similar communications.
Under applicable privacy and data protection laws (including the European Union’s General Data Protection Regulation (2016/679) (“GDPR”) and the Kenyan Data Protection Act (No. 24 of 2019)), for us to collect, hold, use, share and process your personal data we must have a purpose and legal basis to do so. The legal basis may differ depending on your interaction with us and what data we collect and process, which will fall under:
- Necessary for the performance of a contract – When you make an enquiry or book a trip with us or any of our partners, we rely on the legal basis that the processing of your personal data is necessary for the performance of your contract with us i.e. completing a travel reservation as part of your planned itinerary and administering your booking.
- Legitimate Interest – Our legitimate interest means your information has a commercial business purpose and is necessary in order to provide a product or service to you and does not override your rights and freedoms as an individual. For example, as a travel customer, we collect your email address for the purpose of communicating with you when necessary, about the product or service you’re requesting or booking, and for us to provide you with any relevant information. If you are a business partner, we may process your contact information in order to manage our relationship with you. We also rely on our legitimate interests to improve our products and services, and to prevent fraudulent activity on our online platforms and accounts. When using personal data to serve our or a third party’s legitimate interest, we will always balance your rights and interests in the protection of your personal data against our rights and interests or those of the third party, including by using your data in a way which is proportionate and respects your privacy.
- Legal Obligations – in certain circumstances we will need to use your data to comply with our legal obligations, for example, to comply with local laws in the country you are visiting.
- Vital Interest – we rely on the legal basis of vital interest in certain limited circumstances where it is essential to you and your health that we process your personal data; for example, to contact medical providers/insurance providers in the case of any medical emergency.
- Consent – where required by applicable laws, we will obtain your prior consent prior to processing your personal data, including before sending you electronic marketing materials or as otherwise required by law.
You can revoke your consent or object to our marketing in certain circumstances; please see the ‘Your Rights’ section for further information.
Providing your personal data to us is voluntary. However, we may not be able to fulfil your reservation and your experience may be affected if certain personal data is not provided. We may only be able to provide you with some products and services if we can only collect some personal data. For example, we can’t process your travel booking if we don’t collect your name and contact details.
MAKING AN ENQUIRY OR BOOKING A TRIP:
We use your personal data to arrange and provide you with the products and services you have requested and booked. This includes booking any flights, transportation, accommodation and activities. The following will provide more insight into these purposes:
- Your personal data will be used by our group leaders to identify you and ensure your safety during the trip.
- Depending on your destination and the services being booked for you, we may be required by the supplier to provide certain types of personal information in order to secure the booking. We may also be legally required by local laws and governments to provide travel documentation such as passport details or a passport scan.
- Your contact details will be collected in order to manage our relationship with you, including updates about your booking, providing relevant information and any applicable tickets, handling feedback and complaints, and contacting you in the event of an emergency.
- Providing relevant information, which may include sensitive information, to insurance providers, their agents and medical staff in circumstances where we/they need to act on your behalf or in the interest of passengers or in an emergency.
- Where permitted by law, where it is in your vital interest or you provide your consent to do so, your medical/health information may be shared to ensure that we understand any specific needs you may have, before and during your trip. Any pre-existing medical conditions could impact your enjoyment of the trip, and by informing us of any conditions, issues or limitations, we can ensure that we are better prepared to assist if required.
Other than where it is in your vital interests or required by relevant laws, medical/health information can only be used by us with your consent. This is because medical/health information is considered sensitive and by consenting, you are showing us that you understand and agree to us processing this information. Providing medical/health information and consenting to its use by us is optional, however, it is highly recommended that this information be provided (including if requested) for your safety and well-being.
HOW WE USE YOUR PERSONAL DATA
We will only process your data, where:
- You have given your consent to such processing (and may withdraw such consent at any time).
- The processing is necessary to provide our services to you.
- The processing is necessary for compliance with our legal obligations; and/or
- The processing is necessary for our legitimate interests or those of any third-party recipients that receive your personal data.
When you contact us in relation to a travel booking or query, we collect your personal data generally to provide you with travel advice and/or to assist you with booking travel and/or travel-related products and services. However, the purpose for collection may differ depending on the particular circumstances as disclosed in this Policy (for example, collection of your personal data for the purpose of your participation in a competition, provision of feedback, etc.).
When you book or otherwise arrange travel-related products and services through us, we usually act as an agent for the relevant travel service providers (e.g. for a hotel). In this case, we process your personal data as necessary so as to provide the services you requested from us. This usually includes collecting personal data about you both for our internal purposes as described in this Policy and for the travel service provider for whom we act as an agent (e.g. to provide you with the booked services). For example, if you book pre-accommodation through us, then we use your personal data to enable your accommodation to be booked and disclose it to the hotel solely for this purpose.
We may therefore share your information with our travel services providers such as hotels, airlines, car rental, or other providers, who fulfil your travel bookings. We encourage you to review the privacy policies of any third-party travel service providers whose products you purchase through us. We will provide you with copies of all relevant travel service provider terms, conditions and privacy policies on request.
If you have any concerns regarding the transfer of your personal data to a travel service provider, or you wish to contact us for further information, please refer to the “Contact Information” section below.
The purposes for which we collect personal information further include:
- Providing you with services and tools you choose to use (for example, saving travel preferences on our websites to a wish list or saving personal information to allow for pre-population of online forms).
- Developing and improving our products and services and those of our related entities.
- Servicing our relationship with you by, among other things, creating and maintaining a customer profile to enable our brands to service you better or presenting options on our website that we think may interest you based on your browsing and preferences.
- Involving you in market research, gauging customer satisfaction and seeking feedback regarding our relationship with you and/or the service we have provided.
- To facilitate your participation in loyalty programs and online competitions.
- For internal research and analysis in relation to our business and services, including but not limited to trends and preferences in sales and travel destinations and use of our websites.
- Internal accounting and administration.
- Identification of fraud or error.
- Regulatory reporting and compliance; and
- Compliance with our legal obligations and any applicable customs/immigration requirements relating to your travel.
Where permitted by local data protection laws, we may use your personal information to send you targeted marketing material relating to our products and services (and those of third parties) that we think may interest you, unless you have requested not to receive such information. These may include but are not limited to, mail shots, electronic marketing and notifications as described below. We will only use your personal information to send electronic marketing materials to you (including e-newsletters, email, and SMS) if you have opted-in to receive them.
Should you no longer wish to receive promotional/marketing material from us, participate in market research or receive other types of communication from us, please refer to the “Contact Information” section below. You can unsubscribe from receiving electronic marketing materials by following the unsubscribe prompt in any email or other form of electronic marketing you receive from us. Please also see the “Your rights” section of this Policy to learn about your ability, at any time, to opt-out or limit the use of your browsing behaviour for online behavioural advertising purposes.
We are also integrated with third-party service providers and payment gateways to facilitate payments between you and us and our partners and tour operators and agents, as applicable. These service providers share payment information so we can administer and handle your travel services reservation or tour. All of our third-party payment providers are required to be PCI DSS compliant and process all payments on our behalf.
In the majority of cases, to make a payment via credit card for your tour/travel services, you will use the secure online booking engine on the relevant website or platform that you are using, or you will call your booking agent directly. In some limited cases, you may provide us with your credit card or bank details over the phone; for example, if we need to provide you with a refund, your bank details may be collected and recorded by us for the purposes of providing the refund only.
We ask that you do not email or send in writing your payment card details to us or any of our partners at any time.
We use your data to communicate with you and to personalize these communications. For example, we may contact you by phone or email or by other means of communication to let you know about available updates, invite you to participate in a survey or event or to inform you that you need to take certain actions in order to keep your account updated. In addition, you can subscribe to our contact list to receive our newsletters and choose whether you want to, and how to, receive messages and promotional material. In the event that we send you any direct marketing materials, we will always include an opt-out option should you wish to not receive any such communications from us.
WHY WE SHARE YOUR PERSONAL DATA:
Making an Enquiry or Booking a Trip:
In order to handle your enquiry, fulfil your product or service request or manage your booking, we may share your personal data with the following:
- Any of our groups, members and our internal contractors and staff, including local group leaders.
- Our related overseas entities and destination management companies.
- Our network and branded partners (e.g. travel agencies, tour operators etc.).
- Travel providers (e.g. airlines, tour companies).
- Other third-party operators (e.g. local operators, couriers, mailing houses, payment processors, etc).
- Other suppliers and service providers (e.g. hotels, transfer drivers, etc); and
- In some cases, Government authorities (e.g. for border crossings, visa requirements.)
We also share your personal data with our suppliers or external associates, who work on our behalf for the purposes described in this Policy, such as companies we have employed for the provision of customer support services or for system protection and to ensure the quality of our services.
For clarity, for example, if you book flights through us, or your trip includes a flight, the relevant personal data will be provided to the applicable airline. Similarly, if your trip is operated by an unaffiliated tour company, your personal data will be provided to that company for them to confirm your trip and provide the relevant services. We also share your personal data with any travel providers or third-party local operators for the purpose of improving services and experiences, and to investigate complaints and/or disputes, where necessary.
You should familiarize yourself with the privacy policies of all travel providers and tour operators you select to provide a trip or travel-related services. We are not responsible for the privacy practices of third-party travel providers and tour operators with whom you may choose to book travel products and services.
We share your personal data with third parties that help us operate, provide, improve, integrate, customize, support and market our products and services. This includes the following:
- IT Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, support and troubleshooting for quality assurance purposes, payment processing, analysis and other services for us, which may require them to access or use information about you.
- Marketers: We work with a global network of partners who help us market and promote our products (for example, by providing consulting and sales services), who send marketing material for us, generate leads and resell our services.
- Research: We use third parties to assist us with research and analytics, including surveys, interviews and other data-gathering activities. We may share your data with these partners in connection with their services.
We seek to ensure that your data is protected at all times including that these third parties have agreed on confidentiality restrictions and only use any personal information we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us.
Sharing within the Our Group:
As we are a part of a large group, your information may be shared within our group of organizations and any related entities worldwide, including destination management companies forming part of our group. Where permitted, we may share your personal information with our charitable organizations for the purpose of promoting charitable causes.
We share your personal data with your consent or as required to complete any transaction or contractual obligation or to provide any product or service you have requested or for any other lawful purpose. For example, we share your data with banks and other institutions, which process payment transactions or provide other financial services, when you provide us with these, for the payment of a transaction and/or a contractual obligation and/or a service and/or a product, and for fraud prevention and to mitigate any credit risk.
We may share your information with relevant regulators, which may include privacy regulators and supervisory authorities in other jurisdictions, and with courts and law enforcement to comply with all applicable laws, regulations and rules, and requests of law enforcement (e.g. the police), regulatory and other governmental agencies
We also share personal information with insurance providers and/or medical personnel, which may be for identification of fraud or error, for regulatory reporting and compliance, or if we believe the disclosure is necessary to lessen or prevent a threat to life, health or safety.
We may share in aggregate, statistical form, non-personal information regarding the visitors to our website, traffic patterns, and website usage with our advertisers.
Finally, we may gain access, transfer, disclose, save and/or process your personal data when we believe in good faith that this is necessary for:
- compliance with applicable law or response to any valid legal procedure.
- the protection of you and our other customers, such as for the avoidance of junk mail, attempts to defraud our website users, or to prevent life, loss or the possibility of serious injury; and
- the protection of our rights or property, including the enforcement of the terms governing the use of products and/or services. However, if there are reasonable grounds for believing that a registered user is using our services to distribute stolen intellectual or material property of ours, we will not inspect the private content of that user on our own but we will refer the matter to the appropriate authorities.
Websites and services of third parties:
We may occasionally use third-party services to efficiently run some of the processes required to operate this website. The providers of such services have access to certain personal data which are provided by the users of this website.
We only authorise third parties to use personal data to the extent necessary to perform the services we request.
Links to other websites:
Periodically, we may provide links to other websites. We have no control over such websites, and we do not bear any responsibility for their content and data collection practices. This Policy does not extend to the use of such websites by you. We recommend that you read their respective privacy policies before using their websites.
Alterations of the ownership and control of the company:
From time to time, we and our associated companies may expand or reduce our activities, and this may result in the sale and/or transfer of our control in whole or in part. The data provided to us will be transferred, together with the part relating to any part of the transferred companies, and in accordance with the terms of this Policy, the new owner or the new controlling party will be permitted to use the data for the purposes for which we were originally given.
We may disclose data to a prospective purchaser of the company or any department thereof.
In the above cases, we will take measures to ensure the protection of your privacy.
SOCIAL MEDIA INTEGRATIONS
Our website may use social media features and widgets (such as “Like” and “Share” buttons/widgets). These are provided and operated by third-party companies (i.e. Facebook, Twitter etc.) and either hosted by a third party or hosted directly on our website or mobile application. Such features may collect information such as the page you are visiting on our website/mobile application, and your IP address, and may set cookies to enable the features to function properly.
If you are logged into your account with a third-party company, then the third party may be able to link information about your visit to and use of our website to your social media account with them. Similarly, your interactions with social media features may be recorded by a third party. In addition, the third-party company may send us information in line with their policies, such as your name, profile picture, gender, friend lists and any other information you have chosen to make available, and we may share information with the third-party company for the purposes of serving targeted marketing to you via the third-party social media platform. You can manage the sharing of information and opt-out from targeted marketing via your privacy settings for the third-party social media platform.
You may find below a list of your legal rights insofar as your personal data are concerned. Please note that some of these rights may not be applicable to your situation.
- You have the right to gain access to the personal data that we hold about you.
- You have the right of rectification, that is, to request the correction, without undue delay, of any personal data that we hold about you that is either inaccurate, incomplete or not up to date.
- You have the right to obtain the erasure of your personal data, without undue delay, provided, amongst other lawful reasons, the personal data in question are no longer necessary in relation to the purposes for which they were collected.
- You have the right to restrict our processing activities or to object to the processing of your personal data.
- You have the right to data portability, that is, to request from us that we send your personal data in a structured, commonly used and machine-readable format, and to transmit those data to another controller.
- If we rely on your consent as our legal basis for the processing of your personal data, you have the right to withdraw that consent at any time.
If you wish to:
- Update, alter, delete or obtain a copy of your personal information that we hold.
- Restrict or stop us from using any of the personal information which we hold on to you, including by withdrawing any consent you have previously given to the processing of such information; or
- Where any personal information has been processed on the basis of your consent or as necessary to perform a contract to which you are a party, request a copy of such personal information in a suitable format,
you can request this by emailing us at the address set out in the “Contact Information” section below. You will receive an acknowledgement of your request and we will advise you of the timeframe within which your request will be processed. We endeavour to respond to such requests within a month or less, although we reserve the right to extend this period for any complex requests.
We reserve the right to deny you access for any reason permitted under the applicable laws. Such exemptions may include national security, corporate finance and confidential references. If we deny access or correction, we will provide you with written reasons for such denial unless it is unreasonable to do so and, where required by local data protection laws, will note your request and the denial of the same in our records.
Please note that, if you request that we restrict or stop using your personal data or withdraw a consent you have previously given to the processing of such data, this may affect our ability to provide services to you or negatively impact the services we can provide to you. For example, most travel bookings must be made under the passenger’s full name and must include contact details and appropriate identification (e.g. passport details). We cannot make bookings for you without that information.
You must always provide accurate information and you agree to update it whenever necessary. You also agree that, in the absence of any update, we can assume that the information submitted to us is correct unless we subsequently become aware that it is not correct. You can at any time tell us not to send you marketing communications by email by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us using the address set out in the “Contact Information” section below.
In any of the situations listed above, we may request that you prove your identity by providing us with a copy of a valid means of identification in order for us to comply with our security obligations and to prevent unauthorized disclosure of personal data. We reserve the right to charge you a reasonable administrative fee for any manifestly unfounded or excessive requests concerning your access to your personal data, and for any additional copies of the personal data, you request from us.
You are not permitted to use any robot, spider, other automatic devices, or manual process to monitor or copy our website or the contents or information contained therein without our prior express written consent. You are not permitted to use any device, software or routine to interfere or attempt to interfere with the proper working of our website or any transaction being conducted through our website. You may not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which that person has an ownership interest) from the website without our prior express written consent or the relevant third party’s consent.
You are required to ensure that information submitted via our website or by any other means:
- shall not contain any virus, trojan, worm, time bomb, cancelbot or other computer programming routine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and
- shall not create liability for or cause us or any of our affiliates and personnel to lose (in whole or in part) the services of any ISP or other suppliers.
YOUR COMMUNICATION PREFERENCES
You can choose whether you want to receive promotional material from us and our associated companies via SMS, messaging services, phone calls or other available means of communication. If you wish, you can be excluded from our contact list at any time by following the instructions contained in the messages you receive, or by getting in touch with us using the contact information at the end of this policy.
Additionally, you may configure your options regarding the receiving of messages through your personal account. These options do not apply to the mandatory service announcements that constitute part of certain of our services or to the performance of surveys or other informational announcements that have their own subscription cancellation method.
PRESERVATION OF PERSONAL DATA BY US
Your personal data is preserved for six years, for the provision of products and services and the processing of transactions you have requested or for as long as required or permitted by law for other essential purposes such as compliance with our legal or tax obligations, resolving disputes and enforcing our contracts. Within the context of these various operations, preservation time may vary considerably.
CHANGES TO THIS POLICY
This Policy may be amended or varied from time to time, reflecting the needs of our customers and our promise of maximum protection and transparency regarding their personal data.
We will update this Policy whenever necessary by modifying the “last updated” date indicated at the beginning of this Policy.
Unless otherwise stated, our associated companies are responsible for saving and processing of your personal data collected in line with this Policy.
WHERE WE SAVE AND PROCESS PERSONAL DATA
Your collected personal data is saved and processed in Kenya or in any other country or region in which we and our associated companies, affiliated companies, subsidiaries, contractors or service providers (and each of their employees and contractors) are operating.
We take measures to ensure that the data we collect under this Policy is processed in accordance with the provisions of this Policy and the requirements of the GDPR or the Kenyan Data Protection Act (as applicable).
- Inadequate or no data protection laws affording the same level of protection as the Kenyan data protection laws.
- Government bodies or other authorities being authorized or permitted to access personal data.
- Inadequate security measures being enacted by third parties or the failure of third parties to implement any security measures; and
- Malicious actions by third parties to access, alter and/or publish your personal data or threaten to do so.
You hereby acknowledge the risks associated with the transfer of your personal data outside of Kenya and you hereby consent to the said transfer.
We do not knowingly collect or solicit personal data from anyone under the age of 18 or knowingly allow such persons to purchase our products and/or services. In the event we learn that we have collected personal data from a child under the age of 18 without verification of parental consent, steps will be taken promptly to delete that data. If you believe that we have or may have information from or about a child under 18 years of age, please contact us using our contact details provided at the end of this Policy.
JURISDICTION AND GOVERNING LAW
In the event of any dispute relating to the provisions of this Policy, all actions shall be brought before the Courts of the Republic of Kenya which shall have the exclusive jurisdiction to hear and determine the dispute and the applicable law shall be the laws of the Republic of Kenya or, in the case of citizens of the European Union, the GDPR.
The material on this website could include technical inaccuracies or typographical errors and changes or improvements may be made to it at any time. The material on this site is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible under the applicable law, we disclaim all warranties of merchantability and fitness for a particular purpose. We do not warrant that the website’s functions will be uninterrupted or error-free, that defects will be corrected, or that this website or the products and/or services available on it are free of viruses or other harmful components. We do not warrant or make any representations regarding the use of or the result of the use of the material on this website in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all servicing, repair or correction. The above exclusion applies to save to the extent that any applicable law does not permit it.
LIMITATION OF LIABILITY
Neither we nor any of our associated companies accept any liability for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; nor for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials on our website, even if there is negligence or our authorized representative has been advised of the possibility of such damages. The above limitation or exclusion shall apply to save to the extent that the applicable law does not permit it. Total liability to you for all losses, damages, and causes of action (in contract, tort including without limitation, negligence), or otherwise will not be greater than the amount paid by you to access the website.
We are pleased to hear from you and welcome comments and feedback regarding our website and the products and/or services offered on it. It is our policy not to accept or consider unsolicited submissions of creative ideas, suggestions, or materials relating to our website or the products and/or services offered on it. Our staff and consultants may be working on the same or similar ideas, so the policy is intended to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or consultants might seem to others to be similar to their own creative work.
Any submission of a creative suggestion, idea, notes, drawing, concept, or other information (the “Submission“) sent to us, or our contractors shall be deemed and shall remain our property. No Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Without limitation to the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submission of every kind and nature and shall be entitled to the unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to your or the provider of the Submission.
If you have any concerns, complaints or questions regarding our practices around the protection of personal data, please get in touch with us via our contact information found below. We will respond to questions or concerns within 30 days.
In addition to the above, you also have the right to lodge a complaint to the Office of the Data Protection Commissioner in Kenya.
Mara Bush Camp Ltd
Off Riverside Drive
on Riverside Lane P.O.BOX 39094, 00623 Nairobi – Kenya
Tel: +254 733 888042 / +254 708455642
Reservations: +254 700141736