Privacy Policy

1. Key Definitions

1.1. Consent whether expressed orally or in writing, or implied from the conduct of the consenting party, refers to voluntary agreement to some act, practice or purpose of which a consenting party has knowledge;

1.2. Data Subject refers to the person (natural or juristic, where applicable) to whom the Personal Information relates;

1.3. GDPR means the European Commission’s General Data Protection Regulation, 2016/679;

1.4. Minor refers to a person under the age of 18 (Eighteen) and/or a person who is unable to appreciate the contents of this Privacy Policy;

1.5. Operator refers to a person who Processes Personal Information for a Responsible Party in terms of a contract or mandate, without coming under the direct authority of that party;

1.6. ‘Our', 'us', 'we' or 'company' refers to Golfxplore (Pty) Limited (“Golfxplore”);

1.7. Personal Information refers to information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Such information can be used on its own or with other information to identify, contact, or locate a single person or juristic entity, or to identify an individual in context. For the purposes of this Privacy Policy, Personal Information will be understood in accordance with the definition provided in POPIA;

1.8. POPIA means Protection of Personal Information Act 4 of 2013, as amended from time to time;

1.9. Privacy Policy means this document and any updates thereto;

1.10. Process includes collecting, receiving, recording, organising, collating, storing, updating, modifying, retrieving, altering, consulting or using, disseminating, distributing or making available and merging, linking, blocking, degrading, erasing, or destroying Personal Information. Processing of Personal Information is also performed to comply with applicable laws;

1.11. Responsible Party refers to a natural and legal person, public authority, agency or other body which, alone or jointly, with others, determines the purposes and means of the Processing of Personal Information;

1.12. UK General Data Protection Regulations means the UK general data protection regulations found in the United Kingdom Data Protection Act 2018 (DPA 2018);

1.13. Users means You;

1.14. You or “you” includes all current, prospective, present and past Golfxplore stakeholders to which this Privacy Policy applies, including, but not limited to: -

1.14.1. Visitors/ Users of our website and/or our mobile app at www.golfxplore.com

1.14.2. employees (including permanent or temporary employees or contractors);

1.14.3. clients/ customers or prospective clients/ customers;

1.14.4. third parties; and

1.14.5. investors.

2. Introduction

2.1. Personal Information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide You with further services or to answer or forward any requests or enquiries. It is our intention that this Privacy Policy will protect your Personal Information from being dealt with in any way that is inconsistent with applicable privacy laws in South Africa.

2.2. In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take appropriate and reasonable technical and organisational steps to prevent unauthorised access to, or disclosure of, your Personal Information.

2.3. By continuing to use this website and/or our mobile app you agree that we may “collect, collate, Process and/or store” your Personal Information (as defined in POPIA) for, amongst other things: -

2.3.1. the purposes of providing you with access to the website and/or our mobile app and the website content and/or our mobile app content; and

2.3.2. any of the purposes provided for herein.

2.4. Copies of correspondence sent from our website and/or mobile app that may contain Personal Information are stored as archives for record-keeping and back-up purposes only.

2.5. Where there are reasonable grounds to believe that your Personal Information has been accessed or acquired by any unauthorised person, we will notify the relevant regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs us that notifying you will impede a criminal investigation.

2.6. When We notify you that your Personal Information has been accessed or acquired, we will provide you with sufficient information to allow You to take protective measures against the potential consequences of the compromise.

2.7. We reserve the right to modify, add or remove certain sections of this Privacy Policy and we encourage you to visit this Privacy Policy on a continuous basis to familiarise yourself with this Privacy Policy.

3. When will we process your Personal Information

3.1. While visiting our website and/or mobile app, you may be requested to provide certain Personal Information in order to enable you to take full advantage of our services, which identifies you as an individual (including, but not limited to, your name and contact details). Such information may be collected in the following instances:

3.1.1. on registration and/or logging on to our portal, we will collect information about your online identifiers including your username and password to authenticate your access into the system (registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, option on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account);

3.1.2. when you submit an enquiry form, we may request mandatory identifying information (including your name, email address and phone number);

3.1.3. when you submit any information via our website, mobile app, email address or via a call to our telephone number; and

3.1.4. when you browse the website and/or mobile app.

3.2. You acknowledge that all Personal Information Processed by us may be stored by us and used for any of the purposes listed below.

4. Third Party disclosure of your Personal Information

4.1. We treat all your Personal Information as confidential. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless expressly requested by the Data Subject. We will therefore not disclose your Personal Information to any third party except as provided in this Privacy Policy.

4.2. Personal Information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose Personal Information when we believe in good faith that the law requires disclosure.

4.3. You consent that we may disclose your Personal Information to approved third party providers (as referred to below in 4.4.1) where necessary to give effect to a contract with you, where required by law, or where we have a legitimate interest in doing so.

4.4. You agree that your Personal Information may be shared under the following circumstances:

4.4.1. to our agents, our website hosting and software development partners, advisers, service providers and suppliers (our Search Engine Optimization agency, creative, brand, digital and media agencies) Microsoft, Google and other research agents, as well as other third-party service providers who assist us with operating this website and/or mobile app;

4.4.2. to monitor web traffic - web servers serving the website automatically collect information about pages you visit. This information is used for internal review, to tailor information to individual visitors and for traffic audits;

4.4.3. for purposes of research, analytics and compilation of statistics - we may perform statistical analyses in order to measure interest in the various areas of the website and/or our mobile app (for product and service development purposes). We may disclose anonymous statistics regarding the number of visitors to our site or the origin of site users. This is purely for marketing/advertising purposes so we can collate statistics regarding how traffic enters our site. The information you provide Golfxplore may also be used for marketing purposes;

4.4.4. we may share non-personally identifiable information with third parties for any number of reasons, including advertising, promotional and/or other purposes;

4.4.5. to government and law enforcement agencies, where the law requires that we disclose your Personal Information to a party, and where we have reason to believe that a disclosure of Personal Information is necessary to identify, contact or bring legal action against a party who may be in breach of the Privacy Policy or may be causing injury to, or interference with (either intentionally or unintentionally), our rights or property, other users, or anyone else that could be harmed by such activities; and

4.4.6. third parties as required by law, including but not limited to regulators as law or governmental audit requires, or law enforcement as subpoena or court order requires.

4.5. We may also release information when its release is appropriate to enforce our site policies, where we believe such action is necessary in order to protect or defend our rights, interests or property or the rights, interests or property of our clients or users of our sites.

4.6. Should there be a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of our company, we may transfer your Personal Information to third parties involved in the sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation. By providing any Personal Information to us, you fully understand and clearly consent to the fact that we may transfer such Personal Information in these cases. When we share Personal Information with these third parties, we will require them to honour this Privacy Policy, to the full extent required by applicable law.

4.7. Where we have been contracted by another company, we bring it to your attention that in this instance, that company is the Responsible Party. In such circumstances, we are not the entity responsible for making decisions regarding your Personal Information, but instead, as the Operator, we are rendering services to the Responsible Party. In this instance, please refer to the Responsible Party’s respective privacy policy regarding how your Personal Information is Processed and who it may be shared with such as timekeepers, sponsors or otherwise.

4.8. We may need to use different service providers from time to time. We will enter into written agreements with such third parties to ensure that they comply with the obligations included in the Privacy Policy and that they implement all the necessary security measures to ensure adequate protection of the data. In these instances, such service providers act as the Operator in respect of your Personal Information.

4.9. In the event that we should change upstream service providers that are involved in providing you with the services, or where we may need to hire additional companies to provide the services, you have the right to reasonably oppose such an appointment. Such opposition shall be addressed on a case-by-case basis in accordance with the appropriate data protection regulation.

4.10. We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk. At your request and expense and taking into account the nature of Processing and the information available to us, we shall reasonably assist you in compliance with the security obligations set forth by data protection regulation.

4.11. A list of our sub processors (and their respective processing regions) may be made available on reasonable request.

4.12. Upon termination of our services, we will delete your Personal Information, unless otherwise required for a statutory requirement or as per the retention periods set out in this Privacy Policy or within contractual agreements with Responsible Parties.

5. What types of Personal Information will we Process

5.1. When visiting our sites, as appropriate, you may be asked to enter your name, email address, phone number, and / or other details to help you with your experience. The further types of Personal Information that we may Process includes information necessary for our legitimate business interest and the categories of Personal Information defined in POPIA. This may include (amongst other things):

5.1.1. personally identifiable information about you if you voluntarily submit such information to Golfxplore. Personally identifiable information, may include your name, email address, physical address and other information that specifically identifies you and the pages of the website and/or our mobile app viewed by you;

5.1.2. automatically collected data and information (through cookies, described below, and other methods). Golfxplore may store aggregate or anonymous information about user contact with, and use of, the website and/or our mobile app. Examples of this type of information include demographic information, the type of internet browser you are using, the type of computer operating system application software and peripherals you are using, the domain name of the website and/or our mobile app from which you linked to our website and/or our mobile app and your browsing habits on, and usage, of the website and/or our mobile app; and

5.1.3. non-personally identifiable information may also include personally identifiable information that has been aggregated so that no one individual is specifically identifiable (such as, how many users in a particular city access the website and/or our mobile app).

5.2. We will limit the types of Personal Information we Process to only that to which you consent, and which is necessary for our legitimate business interests.

5.3. We will Process your data when we need to render a service to you.

5.4. Credit Card details are only stored for the processing of payment and will be deleted once payment is processed.

5.5. We make use of service providers to process all payments via Credit Card. By electing to enter into such transaction you agree to abide by the service provider’s terms and conditions and to hold us harmless and indemnify us for any loss or damage which may be caused by the negligence or error of the service provider.

6. How will we Process your Personal Information?

6.1. We will only use the information you provide for our legitimate business purposes.

6.2. We may share your personally identifiable information with companies that are holding companies and affiliates of Golfxplore, including but not limited to technical consultants and other third parties who make our website and/or our mobile app available, enhance its functionality, or provide associated services (but only for the purpose of providing such services to Golfxplore).

6.3. Personal Information obtained in connection with the website and/or our mobile app may be used by us in conjunction with information obtained through sources other than the website and/or our mobile app, including both offline and online sources.

6.4. We reserve the right to transfer any Personal Information to our successors in business and purchasers of website and/or our mobile app assets or a particular division or line of business.

6.5. We may Process your Personal Information in a number of ways, including but not limited to when you:

6.5.1. visit our website and/or our mobile app, we may collect usage information which may include your IP address, geographical location, browser type and version, operating system, referral source, duration of visit, page views and website and/or our mobile app navigation paths, as well as information about the timing, frequency and pattern of your service use. This information may be Processed for the purposes of analysing the use of the website and/or our mobile app and improving usability;

6.5.2. provide Personal Information when purchasing using our services. The information is Processed for use and /or administration of the product / service you require and may include your company name, first name, surname, city and email address. This information is Processed for the purpose of supplying our services to you, communicating with you and establishing and maintaining a relationship with you;

6.5.3. provide Personal Information in the course of a submission of an enquiry, including an enquiry pertaining to available vendor and/or service provider opportunities, on our website and/or our mobile app "contact us" page. The Personal Information is Processed for the purpose of responding to your enquiry and may include your company name, first name, surname, city and / or email address;

6.5.4. on a voluntary ad-hoc basis you may provide us with certain Personal Information when you fill out an enquiry form in the question section of our "contact us" page, or contact us via social media, or when you email us, or when you provide Personal Information to support a request logged by you to us for the above collection means; and

6.5.5. subscribe to our mailing list.

6.6. We may further use the information we collect from you in the following ways:-

6.6.1. to quickly process your transactions;

6.6.2. to follow up with you after correspondence (email or phone enquiries);

6.6.3. facilitate communication between users;

6.6.4. personalise your experience;

6.6.5. for website and/or our mobile app analytics, storing details such as your IP address, bounce rate, page time, cost per click, most visited pages and device information;

6.6.6. to monitor and analyse how we improve our service to you as well as to keep your data secure and free from abuse;

6.6.7. to keep active communications with you while you are our contracted client.

7. Minors

7.1. We will not collect the Personal Information of Minors without the consent of their parent(s) or guardian(s).

7.2. We reserve our rights to request a certified copy of your identity document and proof of consent from your parent or guardian if we suspect that you are a minor.

8. Cookies

8.1. Cookies are essentially pieces of information that a website and/or our mobile app transfers to a user’s hard drive for record-keeping purposes. Cookies make surfing the web easier for you by saving your preferences and tracking your online habits, traffic patterns, and making sure you do not see the same advertisement too often. The use of cookies is an industry standard and we make use of them.

8.2. We may place a cookie on your browser to store and sometimes track information about you.

8.3. We use "cookies" (or other types of tracking software) to help us gather information about you as a visitor to our website and/or our mobile app, which is not personally identifiable. For example:

8.3.1. the IP address from which you access the site;

8.3.2. the type of browser and operating system used to access the site;

8.3.3. the date and time of your access to the site;

8.3.4. the pages you visit; and

8.3.5. the internet address of the website and/or our mobile app from which you accessed the site.

8.4. Where applicable, this website and/or our mobile app uses a cookie control system allowing the user on their first visit to the website and/or our mobile app to allow or disallow the use of cookies on their computer / device. This complies with legislation requirements for website and/or our mobile app to obtain explicit consent from users before leaving behind or reading files such as cookies on a user's computer / device.

8.5. The use of cookies helps us to assist your use of certain aspects of the site. While most browsers are initially set up to accept cookies, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please note that some parts of the website and/or our mobile app will not function properly if you refuse cookies.

8.6. No information which personally identifies you will be collected through cookies.

8.7. Third parties (including, but not limited to, software providers, advertisers and ad placement agencies) may also use tracking technologies by, or through, the site. Golfxplore is in no way responsible or liable for any tracking, data collection or other activities of such third parties.

8.8. Other cookies may be stored to your computer’s hard drive by external vendors when this website and/or our mobile app uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 (Thirty) days, though some may take longer. No Personal Information is stored, saved or collected. Users are advised that if they wish to deny the use and saving of cookies from this website and/or our mobile app onto their computers hard drive, they should take necessary steps within their web browsers’ security settings to block all cookies from this website and/or our mobile app and its external serving vendors.

9. Data Security

9.1. We are committed to taking reasonable and responsible steps to ensure the security of your information, and we strive to ensure the security, integrity and privacy of Personal Information submitted to our sites. We review and update our security measures in light of current technologies, however unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

9.2. With due regard to generally accepted information security and handling practices and procedures, we seek to secure the integrity and confidentiality of Personal Information in our possession by taking reasonable appropriate technical and organisational measures to prevent:-

9.2.1. loss of, damage to, or unauthorised destruction of Personal Information; and

9.2.2. unlawful access to or Processing of Personal Information.

9.3. You may, at any time, contact us with any queries regarding your Personal Information and request to view, correct or delete your collated data.

9.4. To prevent unauthorised access, maintain data accuracy, and ensure the appropriate use of information, we have put into place physical, electronic, and managerial procedures to help safeguard and secure the information we collect online. Your Personal Information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. Any information attained by Golfxplore not intended for public use is sent to our internal server and stored on databases behind our firewall. This prevents sensitive information being accessed from outside Golfxplore.

9.5. However, due to the inherent open nature of the Internet, and subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website and/or our mobile app or the services or content provided from, and through, this website and/or our mobile app. You provide information to us online at your own risk.

9.6. Furthermore, Golfxplore makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from our website and/or mobile app are free from errors or omissions or that the service will be wholly uninterrupted and error-free.

10. Your Rights as a Data Subject

10.1. As a Data Subject of Golfxplore, you have the right and responsibility to ensure that the Personal Information we hold about you is accurate. In the absence of evidence to the contrary, we will assume that the information you have provided to us is accurate. At your request, where the law requires us to do so, you can exercise your Data Subject rights as per the following, subject to verification and validation of your identity:

10.1.1. request access to your Personal Information that Golfxplore holds about you;

10.1.2. request rectification of your Personal Information that Golfxplore holds about you;

10.1.3. request erasure, as permitted by law, of your Personal Information that Golfxplore holds about you;

10.1.4. request restriction of Processing of your Personal Information;

10.1.5. object to Processing of Personal Information as permitted by law; and

10.1.6. lodge a complaint as it pertains to the Processing activities of your Personal Information.

10.2. The Personal Information that you may request us to correct, destroy or delete is Personal Information that has been Processed that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or that we are no longer authorised to retain.

10.3. In order to exercise any of the above, you can contact us at info@golfxplore.co.za.

10.4. Please note that we will respond to your request within 21 (Twenty-One) working days. We are entitled to charge a fee pertaining to your request for us to destroy or delete your Personal Information. If you have requested us to delete all your Personal Information, we may be obligate to terminate all agreements or interactions we have with you. We cannot maintain our relationship with you without having a certain amount of your Personal Information.

10.5. You have the right to withdraw your consent for us to Process your Personal Information at any time. The withdrawal of your consent can only be made by you on the condition that:-

10.5.1. the withdrawal of your consent does not affect the Processing of your Personal Information before the withdrawal of your consent; or

10.5.2. the withdrawal of your consent does not affect the Processing of your Personal Information if the Processing is in compliance with an obligation imposed on us by law; or

10.5.3. the withdrawal of your consent does not affect the Processing of your Personal Information where such Processing is necessary for the proper performance of a public law duty by a public body; or

10.5.4. the withdrawal of your consent does not affect the Processing of your Personal Information as required to finalise the performance of a contract in which you are a party; or

10.5.5. the withdrawal of your consent does not affect the Processing of your Personal Information as required to protect your legitimate interests or our own legitimate interests or the legitimate interests of a third party to whom the information is supplied.

10.6. You have the right to object to the Processing of your Personal Information at any time, on reasonable grounds relating to your particular situation, unless the Processing is required by law.

10.7. You can make the objection if the Processing of your Personal Information is not necessary for the proper performance of a public law duty by a public body, or if the Processing of your Personal Information is not necessary to pursue your legitimate interests, our legitimate interests or the legitimate interests of a third party to which the information is supplied.

10.8. You have the right to object to the Processing of your Personal Information, at any time, if the Processing is for purposes of direct marketing other than direct marketing by means of unsolicited electronic communications and you have not given your consent for that Processing.

10.9. You have the right not to have your Personal Information Processed for purposes of direct marketing by means of unsolicited electronic communications from third parties unknown to you.

10.10. You have the right not to be subjected to a decision which is based solely on the basis of the automated Processing of your Personal Information intended to provide a profile of you. Decisions that you may not be subjected to are decisions that result in legal consequences for you or affect you to a substantial degree:-

10.10.1. without being for the execution of a contract for which you have received performance; or

10.10.2. decisions made that are not in terms of law or of a code of conduct that specifies what appropriate measure must be taken to protect your legitimate interests.

10.11. You have the right to submit a complaint to the Information Regulator in terms of POPIA regarding an alleged interference with the protection of Personal Information Processed in accordance with this Privacy Policy.

10.12. You have the right to institute civil proceedings regarding an alleged interference with the protection of your Personal Information Processed in accordance with this Privacy Policy.

10.13. Copies of your Personal Information may remain viewable elsewhere, to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users and partners.

10.14. In cases where consent was given, you have the right to withdraw consent at any time.

10.15. If you do request that your information is deleted, all information will be permanently erased, except for information that we are required to keep by law. You may exercise your rights at any time by lodging a request with our Information Officer, Ray Boshoff at infor@golfxplore.co.za.

10.16. Should you wish to object to the Processing of your Personal Information, your request must be accompanied with a signed copy of Form 1 - Objection to the Processing of Personal Information in terms of Section 11(3) of the Protection of Personal Information Act, 2013.

10.17. Should you wish to request correction or deletion of Personal Information, your request must be accompanied with a signed copy of “Form 2 - Request for Correction or Deletion of Personal Information or Destroying or Deletion of Record of Personal Information in terms of Section 24(1) of the Protection of Personal Information Act, 2013.

10.18. You may not use this website and/or our mobile app for any offensive or unlawful purpose.

10.19. We reserve the right to remove any content from the website or mobile app that is untrue, defamatory, offensive, amounts to hate speech or is otherwise unlawful.

10.20. You shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer based equipment through email communication with us.

10.21. The above-mentioned forms can be found at the end of this Privacy Policy.

11. Use of IP address

11.1. An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. We log IP addresses or the location of computers on the Internet.

11.2. We collect IP addresses for the purposes of system administration and to audit the use of the website and/or our mobile app. We do not ordinarily link IP addresses to Personal Information, which means that your session may remain anonymous. However, we cannot guarantee that this will always be the case, as it may be necessary to identify a particular user when it is necessary to enforce compliance with the Privacy Policy or to protect our website, the app, its Users or other interests.

12. Links to Third Party Websites

12.1. Occasionally, at our discretion, we may include or offer third-party products or services, sponsored links or adverts on our website and/or our mobile app. These third-party providers have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites / providers.

12.2. The owners of this website and/or our mobile app cannot guarantee or verify the contents of any externally linked website and/or our mobile app despite their best efforts. Users should therefore note they click on external links at their own risk and our website and mobile app, and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.

12.3. If you disclose your Personal Information to a third party, such as an entity which operates a website linked to this website, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your Personal Information.

13. Social Media Platforms

13.1. Communication, engagement and actions taken through external social media platforms that Golfxplore participates on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.

13.2. Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. Neither this website nor our mobile app nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

13.3. This website and/or our mobile app may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

14. Shortened Links in Social Media

14.1. This website and/or our mobile app and its owners through their social media platform accounts may share web links to relevant web pages. By default, some social media platforms shorten lengthy URLs.

14.2. Users are advised to take caution and good judgement before clicking on any shortened URLs published on social media platforms by this website and/or our mobile app and its owners. Despite the best efforts to ensure only genuine URLs are published, many social media platforms are prone to spam and hacking and therefore this website and/or our mobile app and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.

15. Disclaimer

15.1. The information, software and services included in or available through the Golfxplore website and mobile app may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Golfxplore and/or its suppliers may make improvements and/or changes to the Golfxplore website and mobile app at any time. Advice received via the Golfxplore website and/or our mobile app should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

15.2. Golfxplore and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, services and related graphics contained on the Golfxplore website f and/or our mobile app or any purpose. To the maximum extent permitted by applicable law, all such information, software, services and related graphics are provided "as is" without warranty or condition of any kind. Golfxplore and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non- infringement.

15.3. To the maximum extent permitted by applicable law, in no event shall Golfxplore and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Golfxplore website and/or our mobile app, with the delay or inability to use the Golfxplore website and/or our mobile app or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through our website, mobile app, or otherwise arising out of the use of the Golfxplore website and/or mobile app, whether based on contract, negligence, strict liability or otherwise, even if Golfxplore or any of its suppliers has been advised of the possibility of damages.

16. Opt-out

16.1. The POPIA Act, the GDPR and the UK Data Regulations specify the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and sets out the penalties for violations thereof.

16.2. We may provide you with information about our various services or offers that may be of interest to you. Only Golfxplore will send you these direct mailings. At any time you may opt-out of the Golfxplore marketing list or update your information.

16.3. In compliance with the POPIA Act, we agree to the following:

16.3.1. at any time, should you not wish to receive direct marketing from us, please inform us at info@golfxplore.co.za in order to unsubscribe; and

16.3.2. each time we send you marketing information by e-mail or SMS text messaging, we will provide an opportunity for you to unsubscribe from receiving further information from us.

16.4. We confirm that once we receive a notice to unsubscribe, we will promptly remove you from all marketing – related correspondence.

17. Accuracy of Personal Information

17.1. In order to ensure that the information we maintain is accurate, Golfxplore gives users the option to change or modify their information previously provided. If you would like to change your information currently in our database, please contact us at info@golfxplore.co.za.

17.2. Please note that we will not contact you telephonically for unsolicited marketing purposes 17.3. or send unsolicited marketing communications to you by mail, SMS or email if you have 17.4. not opted in to receive them. Golfxplore is not responsible for updating information contained in third party lists or databases. It is important that your Personal Information is kept up to date. Please keep us informed if your Personal Information changes.

18. Breach

18.1. In the event of a confirmed breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information, we shall promptly assess the risk to people’s rights and freedoms and without undue delay report this breach to the appropriate authorities, Responsible Parties, and Data Subjects as required by law.

18.2. We will cooperate with you and take such reasonable commercial steps as are directed by you to assist in the investigation, mitigation, and remediation of each such data breach.

18.3. We undertake to never to sell or make your Personal Information available to any third party other than as provided for in this Privacy Policy unless we are compelled to do so by law. In particular, in the event of a fraudulent payment, Golfxplore reserves the right to disclose relevant Personal Information for criminal investigation purposes or in line with any other legal obligation for disclosure of the Personal Information which may be required of it.

18.4. Whilst we will do all things reasonably necessary to protect your rights of privacy, to the maximum extent permitted by law, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your Personal Information and you hereby unconditionally agree to indemnify us against any liability, loss or damage that may result from your use of the website or mobile app.

19. Intellectual Property

19.1. The content on the website and the mobile app is owned by us or other third parties such as third party licensors or suppliers and is protected in terms of South African law.

19.2. Where we post or list content provided by the third party, that party is responsible for and warrants that they have all the necessary rights to such content and are not infringing or violating any third party rights by such content being posted on the website and/or mobile app.

19.3. You may not use, copy, reproduce, distribute, republish, download, display, post o transmit in any form or by any means, the content of the website or mobile app without our prior written permission.

20. Governing Law

20.1. All aspects of the provisions of this Privacy Policy and any dispute arising out of or in relation to this Privacy Policy shall be governed by the laws of the Republic of South Africa.

21. Effective Date

21.1. This Privacy Policy may be updated from time to time at our discretion. Please check this Policy regularly as any changes made to this Privacy Policy are effective immediately upon uploading to our website and/or using the mobile app, and your continued use of the website, mobile app and our services shall be deemed as acceptance of the changes and an agreement to the new or amended terms contained in the Privacy Policy.

21.2. This Privacy Policy was last updated on 1 March 2024.