Legal
Privacy Policy
Last updated: October 2026
1. Introduction and who we are
This Privacy Policy explains how Swannie Creek collects, uses, shares and protects your personal information, in line with the Protection of Personal Information Act 4 of 2013 (POPIA) and other South African law that applies to us, including the Electronic Communications and Transactions Act 25 of 2002.
Swannie Creek is operated by Niccolò Violati, trading as Swannie Creek, 5 Essenhout Avenue, Elgin Valley, Western Cape, South Africa. For POPIA purposes, Niccolò Violati is the responsible party for personal information collected through this website and through our dealings with guests.
Information Officer: Niccolò Violati
Email: info@swanniecreek.com
Telephone / WhatsApp: +27 71 236 8737
By using this website or sending us an enquiry, you confirm that you have read this policy. If you do not agree with it, please do not use the website or submit your personal information.
2. Definitions and scope
In this policy:
- Personal information means information that identifies you or can reasonably be linked to you, such as your name, email address, telephone number or IP address.
- Processing means anything we do with personal information: collecting, recording, storing, using, sharing, or deleting it.
- Operator means a third party that processes personal information on our behalf, under a written agreement or terms of service (for example our website host).
- Data subject means you, the person the information relates to.
This policy applies to the website swanniecreek.com and swanniecreek.co.za, to enquiries and bookings made through the website, WhatsApp or email, and to information we receive about you from booking platforms. It does not apply to other websites we link to; please read their policies separately.
3. Personal information we collect
We collect only what we need, and mostly what you choose to give us.
Information you provide
- Enquiries and booking requests: your name, email address, telephone number, preferred dates, number of guests, the cottage you are interested in, and any message you write. You send this to us by WhatsApp or email; nothing reaches us until you press send.
- Stay information: details needed to host you, such as arrival time, special requests and, where required, identification details for guests.
- Payments: proof of payment and booking references. We do not collect or store payment card details on this website. Banking details are shared only in your personal quotation.
- Newsletter: your email address and name, if you choose to subscribe.
Information collected automatically
- Technical and usage data such as your IP address, browser type, device, pages visited and approximate location, through analytics and our hosting provider.
Information from third parties
- If you book through Airbnb, Booking.com or LekkeSlaap, we receive the booking details those platforms share with us, such as your name, dates and contact details.
This website does not collect special personal information (such as health, religion or biometric data), and we do not ask for it. We do not process job applications through this website.
4. Why we use your information, and on what basis
POPIA requires us to process personal information lawfully, for a specific purpose, and only where a legal ground applies. We process your information only for the following purposes:
| Purpose | Legal ground (POPIA section 11) |
|---|---|
| Reply to your enquiry and prepare a quotation | Necessary to take steps at your request before a contract; legitimate interests |
| Confirm, manage and host your booking | Performance of a contract with you |
| Issue invoices, keep accounting and tax records | Legal obligation |
| Send you our newsletter and offers | Your consent (see section 5) |
| Understand and improve the website | Our legitimate interests, in a way that does not unfairly affect you |
| Keep the property, guests and website secure; prevent fraud | Legitimate interests; legal obligation |
We follow the eight conditions for lawful processing in POPIA: accountability, processing limitation, purpose specification, further processing limitation, information quality, openness, security safeguards and data subject participation. We will not use your information for a purpose that is incompatible with the one we collected it for, unless the law allows it or you agree.
Providing information is voluntary. If you do not give us the details we need for an enquiry or booking, we may not be able to respond to it or confirm your stay.
5. Direct marketing and the newsletter
We send marketing messages by email only with your consent (opt-in), as required by section 69 of POPIA. Consent is requested separately, is never a condition of making an enquiry or a booking, and can be withdrawn at any time.
Every marketing email contains a clear way to unsubscribe, and you can also write to info@swanniecreek.com to stop receiving them. We will act on your request without delay. We do not send marketing to children and we never sell or rent our mailing list.
Transactional messages, such as replies to your enquiry, quotations and booking confirmations, are not marketing and will continue while we are dealing with your request or booking.
6. Cookies, analytics and fonts
A cookie is a small file that a website stores in your browser. This website uses only the following:
- Essential technologies: needed for the site to load and work, such as the availability calendar. They do not identify you.
- Analytics: we use Google Analytics to measure visits, such as pages viewed, device and approximate location. The information is aggregated and is not used to identify you personally.
- Google Fonts: the site loads its fonts from Google. When your browser requests them, Google receives your IP address.
You can block or delete cookies in your browser settings. Doing so will not stop you from using the site, but analytics may no longer be able to count your visit. Google’s own practices are described in the Google Privacy Policy.
7. Who we share your information with
We do not sell or rent your personal information. We share it only where needed to run Swannie Creek, with:
| Recipient | Role | Why |
|---|---|---|
| Netlify | Operator | Hosts the website and the availability calendar |
| Operator | Website analytics and fonts | |
| Meta (WhatsApp) | Independent service | You contact us through WhatsApp under its own terms |
| Brevo and our email provider | Operator | Sends our newsletter, and sends and stores our email |
| Airbnb, Booking.com, LekkeSlaap | Independent responsible parties | Bookings you make through them are governed by their policies |
| On-site property manager | Our staff | Welcomes you and assists during your stay |
| Accountants, auditors, legal advisers | Professional advisers | Accounting, tax and legal compliance |
Where a recipient acts as our operator, it may process your information only on our instructions and must keep it confidential and secure, as required by sections 20 and 21 of POPIA. We may also disclose information where the law requires it, or to protect our rights, property or safety, or those of others.
8. Transfers outside South Africa
Some of the services we use, such as website hosting, analytics, email and WhatsApp, store or process information on servers outside South Africa. We transfer personal information abroad only where section 72 of POPIA allows it: where the recipient is subject to law, binding rules or an agreement that gives a level of protection substantially similar to POPIA, where you consent, or where the transfer is necessary to perform a contract with you or to act at your request.
By submitting an enquiry or booking request, you understand that your information may be processed outside South Africa on this basis.
9. Security and data breaches
We take appropriate, reasonable technical and organisational measures to protect personal information from loss, damage, unauthorised access and unlawful processing, as required by sections 19 to 21 of POPIA. These include encrypted (HTTPS) connections on the website, password-protected accounts, limiting access to those who need it, and using providers that apply recognised security standards.
No method of transmission over the internet is completely secure, so we cannot guarantee absolute security. If we have reasonable grounds to believe that your personal information has been accessed or acquired by an unauthorised person, we will notify the Information Regulator and you as soon as reasonably possible, as required by section 22 of POPIA.
10. How long we keep your information
We keep personal information only for as long as we need it for the purpose it was collected for, or as the law requires (section 14 of POPIA).
| Information | How long we keep it |
|---|---|
| Enquiries that do not lead to a booking | Up to 12 months, then deleted |
| Booking and guest records | For the duration of the stay and then as long as needed for accounting and tax records, as required by South African law |
| Newsletter subscription | Until you unsubscribe |
| Analytics data | As set in our analytics settings (generally up to 14 months) |
When we no longer need information, we delete it, de-identify it or destroy it securely.
11. Your rights
Under POPIA you have the right to:
- ask us to confirm whether we hold personal information about you, and to receive a copy of it;
- ask us to correct or delete personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained;
- object, on reasonable grounds, to the processing of your information, and object at any time to processing for direct marketing;
- withdraw your consent, where we rely on it, without affecting processing already done;
- not be subject to a decision based solely on automated processing that has legal effects on you (we do not make such decisions);
- lodge a complaint with the Information Regulator, and take legal action if your rights are infringed.
How to use your rights: write to our Information Officer at info@swanniecreek.com. We may ask you to confirm your identity first. We will respond within a reasonable time, and normally within 30 days. Access to records is also governed by the Promotion of Access to Information Act 2 of 2000 (PAIA).
12. Children, complaints, changes and governing law
Children. This website and our bookings are intended for adults. We do not knowingly collect personal information of anyone under 18 without the consent of a parent or guardian. Where a booking includes children, we process only the information needed for the stay, on the basis of the consent of the adult making the booking.
Complaints. If you are unhappy with how we handle your information, please contact our Information Officer first so we can put it right. You also have the right to complain to the Information Regulator of South Africa. Its contact details are published at www.inforegulator.org.za.
Changes. We may update this policy from time to time. The latest version is always on this website, with its date of last update at the top. If a change is significant, we will take reasonable steps to tell you.
Governing law. This policy is governed by the laws of the Republic of South Africa.