Red Carnation Hotels UK Ltd.
Last updated: September 2019
- 1. ABOUT THIS DOCUMENT
- 2. OUR COMMITMENT
- 3. ABOUT US
- 4. OUR LEGAL BASES FOR PROCESSING
- 5. CHANGE OF PURPOSE
- 7. WHAT LAWS WE COMPLY WITH
- 8. WHAT TYPES OF PERSONAL INFORMATION WE PROCESS
- 9. HOW WE COLLECT OR GENERATE YOUR PERSONAL DATA
- 10. WHAT DO WE USE YOUR PERSONAL DATA FOR?
- 11. USE OF YOUR PERSONAL INFORMATION FOR DIRECT MARKETING
- 12. DISCLOSURE OF YOUR PERSONAL DATA
- 13. HOW THIRD PARTIES WILL HANDLE YOUR PERSONAL DATA
- 14. LOCATION OF YOUR PERSONAL INFORMATION
- 15. KEEPING YOUR DATA SECURE
- 16. HOW LONG DO WE KEEP YOUR PERSONAL DATA FOR?
- 17. YOUR RIGHTS
- 19. APPLICABLE LAW AND DISPUTES
- 20. CONTACTING US
1. ABOUT THIS DOCUMENT
This privacy notice supplements other notices and is not intended to override them.
2. OUR COMMITMENT
We respect your right to privacy and we aim to ensure you have a trustworthy experience with us, including when using our websites or shops and booking with or through us. We understand that you care about how your personal data is used by us, and we want to share with you the policies and practices we’ve adopted. This way you can feel confident about how we handle your personal data that you entrust to us.
3. ABOUT US
4. OUR LEGAL BASES FOR PROCESSING
We will process your personal data in accordance with all applicable laws and applicable contractual obligations. More specifically, we will not process personal data unless at least one of the following requirements is met:
You have given consent to the processing of your personal data for one or more specific purposes (for instance, for tailored offers to your interests, for sharing of your photos/videos of experiences of our trips on social media and sharing emails of co passengers, that have agreed to stay in touch);
The processing is necessary for the performance of a contract to which you are party (for instance, for booking you have made) or in order to take steps at your request prior to entering into a contract (for instance, when you request a quote from us);
Processing is necessary for compliance with a legal obligation to which we are subject (for instance, for visa applications);
Processing is necessary in order to protect your vital interests or of any other individual (for instance, if you have any issue during a trip);
Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party (for instance, protecting our customers, our employees and other individuals and maintaining their safety, health and welfare; promoting, marketing and advertising our products and services; understanding our customers’ behaviour, activities, preferences, and needs; improving existing products and services and developing new products and services; preventing, investigating and detecting crime, fraud or anti-social behaviour and prosecuting offenders, including working with law enforcement agencies; handling customer contacts, queries, complaints or disputes; managing insurance claims by customers; protecting us, our employees and customers, by taking appropriate legal action against parties who have committed criminal acts or are in breach of legal obligations to us; effectively handling any legal claims or regulatory enforcement actions taken against us; fulfilling our duties to our customers, colleagues, shareholders and other stakeholders).
5. CHANGE OF PURPOSE
We will only use your personal information for the purpose for which we obtained it. If we reasonably need to re-purpose your personal data, we will ensure it is for a reason that is compatible with the original purpose. If you require an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. We may process your personal data for unrelated purposes, based on our legitimate Interest.
There are some circumstances in which personal data may be processed for purposes that go beyond the original purpose for which the personal data was collected. When this is susceptible to be the case, we will make our best efforts to tell you in advance and request your consent when appropriate.
For circumstances where we may have other secondary purposes, for processing already existing data which you have provided as part of a contract for example, booking information. The objective of further processing may include conducting marketing insights and data analysis to have a better understanding of our customers.
We will adopt an aggregate data model that allows us derive aggregated data from your personal information. Aggregated data is not considered personal data by law, as you will not be directly or indirectly identified. For example we may make use of aggregated data to see performance statistics of our travel consortia/consultants and to gain insights into customer demographics for improving marketing and customer service.
However, if we combine or connect aggregated data with your personal data so that it directly or indirectly identifies you, we shall treat the combined data as personal data which will be processed with strict guidelines of the GDPR.
We will not repurpose sensitive data without explicit consent and where we rely on Legitimate Interest; will ensure we conduct legitimate Interest assessments and data protection impact assessments DPIA, prior to carrying out the proposed processing activity.
6.1 Our customers
6.2 Examples of who this policy covers
6.3 When we are a data processor only
6.4 Terms used in this policy
When we refer to "processing" of your personal information, this includes obtaining, recording, storing or holding your personal information, and anything we do with it, such as organizing, adapting or altering it, retrieving, consulting or using it, disclosing it or otherwise making it available to others, combining it with other data, and blocking, erasing or destroying it.
When we refer to "travel services" this covers all products and services which may be booked with or through us, such as bespoke holidays, package holidays, accommodation, tours, transport and transfers (whether by air, coach, bus, train, ferry, taxi or other means), car hire, cruises, and charters, and it includes both (1) all such products and services which we supply or operate ourselves (including where we sub-contract); and (2) any such products and services provide by a third party which we book for you (acting as agent for you or that third party). Travel services also include any services we or a third party provide in association with travel, such as obtaining visas, foreign exchange, and providing local representatives and support.
When we refer to our "websites", we mean all our present or future websites, including those at the following addresses, and any other website on which these terms of us appear: insightvacations.com/nz. References to our websites include: (a) our websites you visit through a web-browser or through an app; and (b) any community functionality and other functionality and services provided by us remotely which you access on or through our websites
When we refer to our "apps" we mean all of our present and future apps, including any apps which this policy is presented with, and references to our apps include (1) any native software application and any software that runs in a web browser, (2) any software that we provide for installation or use on a PC or on a mobile computer such as a tablet or phone, and (3) include any community functionality and other functionality and services provided by us in or through the app, including remotely.
When we refer to "community functionality" this means any service or functionality we provide on or through our websites or apps, which enables you to upload, post or send any content or messages, or receive any content or messages, including any comment or review system, forum, feedback system, survey system, review system, blogging system, picture or video gallery functionality, messaging system, system for posting into other social media platforms such as Facebook or Twitter, and other interactive, social or community functionality.
When we refer to a "device" this includes a personal computer, computer server, tablet, phone, watch, or other computing device, used to access our websites or on which any of our apps is installed and run.
7. WHAT LAWS WE COMPLY WITH
We process your personal data in accordance with the Privacy Act 1993
Our regulator is the New Zealand Privacy Commissioner: www.privacy.org.nz
We also comply generally with the laws of New Zealand in relation to the processing of your personal data, and not any other laws.
8. WHAT TYPES OF PERSONAL INFORMATION WE PROCESS
This section summarizes the types of personal data about you that we process:-
8.1 Data concerning you as an individual
This includes name, age, photograph, gender, address, telephone, mobile, fax, e-mail, social networking contact details, proofs of identity and address, copies of passports, driving licences, and utility bills, card and other payment details, and financial information, health information relevant to your planned travel, and travel insurances held, results of searches carried out against you (such as to verify you identity, address, and credit status), your preferences, frequent flyer or travel partner program affiliation and member number, and any other information provided to us by or in relation to you which concern you as an individual.
8.2 Business Related Information
If you are an individual associated with a business or other organisation that is our customer, then your personal data may include the following information that we link to you: business or organisation details (such as name, address, telephone numbers, payment arrangements, financial information, etc.), your relationship with that business or organisation (such as owner, partner, director, shareholder, employee, or agent), and your contact details within that business (such as work address, work telephone and mobile numbers, work fax number, and work e-mail address).
8.3 Enquiry and Booking Information
Information concerning enquiries and bookings made with or through us for travel services, including where you are making the enquiry or booking or are the recipient of the travel services to which the enquiry or booking relates. This information may include: records of enquiries and searches for holiday and travel products made by or on your behalf, details of your personal interests, needs and other data relevant to your enquiry; details of results, quotes, proposals, estimates and other information given in response to enquiries; details of the holiday, accommodation, travel, car hire, and other travel services booked or enquired about; details of the passengers / holidaymakers travelling; details of the provider of the travel services (e.g. tour operator); dates and times of travel; price; payment details (including card details); passport information and visa information; foreign exchange requirements and arrangements; and sensitive information such as health, medical, dietary, mobility, disability, religious or other special conditions or requirements.
8.4 Performance Information
Information generated concerning the performance of any booking or other contract made with or through us, including information relating to anything arising during any holiday or other travel services, and information relating to payments to be made.
8.5 Survey Information
Information collected or generated out of any surveys we conduct.
8.6 Competition Information
Information collected or generated out of any competitions or promotions we run.
8.7 Account, Registration and Loyalty Information
Information concerning any accounts, registrations, or memberships with us, or participation in any loyalty program.
Correspondence, communications and messages, including between you and us, and between us and third parties, including relating to any booking or booking enquiry, or performance of any contract.
8.9 Technical Information about your computer
8.10 Technical Information about your computer
8.11 Community Data
Any content (including text, pictures and video), messages, and other data which you upload, post or send using any community functionality, and any content or messages sent to you personally from anyone else using any private messaging part of the community functionality.
9. HOW WE COLLECT OR GENERATE YOUR PERSONAL INFORMATION
This section sets out the ways in which we may collect or generate personal information concerning you.
9.1 Automatic capture
By visiting and using our websites and apps, your device may provide personal data or your device may enable us to capture personal data, or store information and and retrieve information previously stored. This includes: information which is automatically provided by your browser or device to our servers; information recorded on our servers about your interaction with and use of our websites and apps, including pages viewed and functionality used; information we capture or place on your computer or generate using cookies or other technologies on our websites or in our apps; and information you input into forms and fields on our websites or in our apps.
9.2 Data you provide
Your personal data will include data you provide (or later amend), including: from correspondence with you; verbally to us over the phone or in person; by filing in any field or form on a website or in an app; by filling in any printed form we provide you with; by e-mail; from documents you provide use with; and from updates to any information to provide from time to time. This includes any data you provide when you: register or subscribe for any service, account, members, or loyalty program, or make an enquiry or booking for a holiday or other travel services whether in person, by phone, through our websites or otherwise; send us your comments or suggestions; subscribe to any newsletter or other publication; request sales and advertising information, including brochures; or upload, post or send anything using any community functionality.
9.3 User Generated Content (UGC)
We may process, Information or content provided by you in relation to your feedback or experience on a past, current or future trip with us. We will only use such content and images you have submitted to our social media channels or websites, if you have given consent to let Red Carnation Hotels and TTC subsidiary companies to process this information in various initiatives. These could include any marketing activities such as:
- on our website
- email activities
- social posts
- images on our trips/at hotels
- provide images to our trade partners to use on their websites, email marketing and other marketing initiatives
- make available in our content feeds
We would share imagery in our content feeds, image repositories, via email and share with our trade partners via these methods
Any other information provided to us by or in relation to you which concerns you as an individual.
9.4 Data obtained from third parties
We may obtain personal data concerning you from third parties, including from: providers of any holidays, accommodation, other travel services which are enquired about or booked, and their intermediaries; credit, fraud, identity and other searches we may undertake, including searches with public records and regulatory and private organisations; from any business or organisation you are associated with; from telephone numbers identified by the telephone system when you telephone us; and posts and messages sent to you or addressed to you by other customers of ours using any community functionality.
9. 5 Data generated by us
We and any suppliers or sub-contractors working for us may generate personal data relating to you, including in connection with responding to and dealing with any enquiry, booking or complaint; or in performing any booking or other contract with you; or through the analysis of your personal data or data gained from your use of our websites and apps. We may record telephone calls with you.
10. WHAT DO WE USE YOUR PERSONAL INFORMATION FOR?
This section sets out the uses which we make of your personal data:
10.1 Operate our websites, apps and services
to operate and provide the search, booking, accounts, review, forums and other services, facilities and functions of our websites, including all community functionality. This includes managing any accounts or registrations you have with our websites, apps, community functionality and services, and making changes to your settings and profile at your request.
10.2 Provide information and respond to enquiries
to provide information to you about our websites, apps, systems and services, including to respond to booking enquiries and searches for holidays and travel, and to keep you updated generally.
10.3 Bookings and other contracts
To enable you to make bookings, and to fulfill, provide, perform, administer, manage, and enforce all bookings, orders, and other contracts which relate to you (including if you are a passenger in a booking made by someone else), and to process any transactions authorised or made with us which relate to you.
To collect and make payments due and administer our accounts.
10.5 Communication with customers
To communicate with you concerning any enquiries, bookings, travel services provided, problems and complaints, and to respond to any submissions, enquiries or requests from you.
10.6 Record keeping
keeping internal records and maintaining reasonable archives, including concerning enquiries, bookings, contracts, travel services, and complaints. and including for the purposes of disputes, legal proceedings and investigations.
10.7 Promotion, management and Improvement of our business
To promote, develop, analyse, audit, provide, operate, administer, maintain and improve our business, websites, apps, systems, and services; to carry out surveys and analyse the results; to run promotions and competitions; undertake product or customer research/development; to assist us in and help us to improve our sales, editorial, advertising and marketing processes; to carry out other business development and improvement activities; and to provide training to our staff, sub-contractors and suppliers. For example, we may use your personal data to help us profile how our customers generally are using our websites and apps and booking travel services with (or through) us, and we may use any Tweets you send using our community functionality to promote our business and services. We may also use this information to ascertain interests so that we can better tailor our business offerings.
10.8 Direct marketing
to carry out direct marketing to you. See next section below for further information.
to report aggregate information concerning usage of our websites to our advertisers. We normally create anonymous statistical data about browsing actions and patterns, and do not identify any individual.
10.10 Anything you have specifically consented to
for any purpose which we have obtained your consent to.
10.11 Maintenance of our website and apps
we may use your personal data to maintain and update our websites and apps. For instance, we may use technical information and data concerning your device to facilitate software maintenance and updates and product support.
11. USE OF YOUR PERSONAL INFORMATION FOR DIRECT MARKETING
We do not use or disclose your personal information for direct marketing purposes unless we have obtained your express consent to this, such as through an opt-in or opt-out tick box on any form or website of ours.
11.1 Direct marketing by us
Where you have consented to this, we may use your personal information to carry out direct marketing and send you marketing messages, materials, adverts and promotions relating to travel services we provide or which can be booked with third parties through us.
Where you have consented to this, we may also use your personal data to carry out direct marketing and send you marketing messages, materials, adverts and promotions relating to travel services which are offered by or which can be booked through any other company in the same group of companies as us (i.e. within the Travel Corporation group) or third parties selected by us.
11.2 Direct marketing by third parties
Where you have expressly consented to this, we may disclose your personal information which is contact data (such as name, e-mail, postal address, telephone, mobile or fax number) to any other company in the same group of companies as us (e.g. within the Travel Corporation group), or to third parties selected by us. They will use this to carry out direct marketing in their own right and will use it to send you marketing materials, advertisements and promotions relating to products and services they offer or which can be booked through them. You will be free to withdraw your consent to our disclosure of your personal information for this purpose at any time, by contacting us as detailed above as well as by unsubscribing from their email directly by clicking the ‘unsubscribe’ button at the bottom of any of their emails. If you withdraw your consent, this will not affect any disclosures we have already made (i.e. we will not be able to remove your personal information from anyone we have disclosed it to), but we will tell you who they are on request, and you should contact them directly concerning this.
12. DISCLOSURE OF YOUR PERSONAL DATA
We disclose your personal data to third parties in the following circumstances:-
12.1 Credit Checks etc.
We may disclose your personal information to third parties (including intermediaries) as necessary to carry out any checks concerning you or enforce any booking or contract with you (including credit, security, fraud and identity checks). This may include credit reference agencies and other companies for use in credit decisions, for fraud prevention and to pursue debtors.
12.2 Bookings and performance of contracts
We disclose your personal information to third parties (including intermediaries) as necessary to deal with any booking enquiry being made by or for you, to make any booking requested by or for you, to perform and administer any booking for you or other contract with or in respect of you. This may include; to apply for visas on your behalf, to collect payments to be made by you, to investigate and respond to complaints, and to enforce any booking or other contract with you. Such third parties may include any suppliers or sub-contractors and their agents (e.g. airlines, coach, ferry or train companies, hoteliers, hire companies, cruise companies, tour operators etc.).
12.3 Suppliers of travel and other services
We may disclose your personal information to any third party (e.g. supplier, contractor sub-contractor) we make any enquiries with concerning or engage or sub-contract to perform any booking or other contract, including to provide any travel, tour or other products or services we have agreed to provide to you. We may disclose your personal information to any supplier with whom we make any enquiry concerning or book any travel or other products and services for you as agent (whether as agent for you, someone representing you, or the supplier), such as a tour operator. Details of any third party tour operators or other third parties who will be responsible for or supply you with the travel services booked or enquired about, may be obtained from us on request, and may be stated in any tour or other brochure provided by us.
If any application is made through us for any travel or other insurance to cover you, we will pass your personal information on to the insurer. Information provided by you may be put on to a register of claims and shared with other insurers to prevent fraudulent claims.
12.5 Business Function Outsourcing
Where we use third parties to host, provide, operate or supply any part of our websites, databases, systems, business, or services, or carry out on our behalf any of our business functions or actions (including sending mail, processing payments, providing marketing assistance, providing customer and advertising analysis, and providing customer services), then then we may provide your personal information to them as required for use for or processing as part of those purposes.
12.6 Community Functionality
Where any community functionality or facility on our websites and apps is clearly designed to make certain of your personal data public (e.g. posts you make to any public forum or reviews facility), or to have certain of your personal data communicated or made available to others (such as other customers of ours), then any personal data you provide in relation to that forum or other facility, which is provided in circumstance where it is clear that it is intended to be published, may be disclosed accordingly. Where you have agreed that certain of your personal data is non-confidential, then we may also disclose it for business promotion, management and improvement purposes.
12.7 Legal Requirements
we may supply personal data to a government authority or regulator where required to comply with a legal requirement, for the administration of justice, for the purposes of customs, visas and immigration, or where reasonably required to protect your vital interests or enforce any booking or other contract. We may disclose your personal data where otherwise required by or permitted by law.
12.8 Direct Marketing by third parties
we may disclose your personal data to third parties to carry out direct marketing to you, where you have given your prior consent, to third parties to carry out direct marketing. See the direct marketing section above.
12.9 Customer Representatives
If our customer is a business or organisation, and we are holding your personal data in your capacity as an associate of that business or organisation (including as agent, representative, contact, employee, officer, owner, partner, or director), then we may disclose to them that personal data. If our customer is making a booking or booking enquiry on your behalf, with your authority, then we may disclose to our customer your personal data as reasonably required in connection with such booking or enquiry, or the subsequent performance of or payment for any booking made.
12.10 Business Acquirers
If our business is ever transferred to a third party, then your personal data will be transferred to the acquirer to enable them to continue our business.
13. HOW THIRD PARTIES WILL HANDLE YOUR PERSONAL DATA
Where we provide your personal information to a third party one of the following two circumstances will apply:-
13.1 Processing on our behalf
13.2 Processing on their own account
14. LOCATION OF YOUR PERSONAL INFORMATION
We (and any affiliate, subcontractor or other person collecting, using and disclosing your personal information on our behalf) may transfer, store and otherwise collect, use and disclose your personal information anywhere in the world.
Where we disclose your personal information to third parties, that disclosure may also involve a transfer of your personal information anywhere in the world, and those third parties may themselves transfer, store or otherwise collect, use and disclose that information anywhere in the world.
In each case, we will comply with any legal requirements concerning the transfer of your personal information by us to any third party outside the country where we are established, and where your personal information is still controlled by us or is being stored or otherwise collected, used or disclosed on our behalf, our security measures (as detailed below) will also apply.
Based on the foregoing, some or all of the personal information we collect may be stored or processed on servers located outside your jurisdiction or residence, whose information protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. Subject to applicable laws in other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require the data processor in that country to maintain protections on the personal information that are equivalent to those that apply in the country in which you live.
15. KEEPING YOUR DATA SECURE
15.1 Our security measures
15.1.1 Our general commitment
we are committed to doing what we reasonably can to keep your personal information secure, and we are obliged by law to put in place appropriate technical and organisational measures against unauthorised or unlawful collection, use and disclosure of your personal information and against accidental loss or destruction of, or damage to, your personal information. We have accordingly implemented security policies, rules and technical measures with a view to achieving this.
We maintain administrative, technical and physical safeguards (appropriate to the sensitivity of such information) designed to protect against unauthorized use, disclosure or access of the personal information we collect on this website. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your personal information, we cannot ensure or warrant the security of any information you provide to us. All third parties that obtain personal information from us (e.g. service providers or sub-contractors that perform functions on our behalf) are contractually required to protect your confidentiality and personal information in a manner consistent with this policy, and/or as required by law.
15.1.2 Transmissions between your web browser and our servers
we use Secured Socket Layer (“SSL”) software in order to encrypt the personal information that you provide to us whilst it is in transit over the internet. This will work if your browser is SSL enabled (which most are). You can verify that this is working by looking for the symbol of a closed lock or solid key on the bottom bar of your browser window, and checking that the prefix for the web address in the browser address bar has changed from “http” to “https”.
15.1.3 Storage of your personal data
the personal information we collect from you online is stored by us and/or our service providers on databases protected through a combination of physical and electronic access controls, firewall technology and other reasonable security measures.
15.2 Your security measures
for your own privacy protection; we encourage you to maintain anti-virus and other malware protection software on your computers and other devices, and to maintain your own measures to protect your personal information. Please do not include sensitive personal information in any e-mails you may send to us, including payment card information.
We also encourage you to be careful about who you give personal information to. We never contact you to ask you for sensitive personal information, such as payment card information, or sensitive personal information such as passport numbers or log-in details, and we will only ask you for such information in person or through our website, or by telephone in connection with a booking you are making or have made. Please let us know if you someone purports to contact you in our name.
16. HOW LONG DO WE KEEP YOUR PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. If you would like to know more about our data retention policy, please ask us.
17. YOUR RIGHTS
17.1 Access to your personal data
You may request us to tell you whether we are processing personal data about you, to tell you what personal data we are processing and for what purposes, and to provide you with a copy of your personal data that we hold. We may charge a fee for handling your request, in an amount prescribed by law. This fee is $10 as at the date of this policy. The law does allow us, in certain cases to refuse your request, and we will advise you at the time if this is the case. If we refuse to provide you with access to information we hold about you, we will provide reasons for such refusal and inform you of any exceptions relied upon under the Privacy Act, 1988.
17.2 Use causing substantial distress or damage
You have the right to ask us to stop using your personal information for any purpose in any manner that is causing you or is likely to cause you unwarranted and substantial damage or distress, subject to exceptions.
17.3 Use for direct marketing
You have the right to ask us to stop using your personal information to carry out direct marketing to you as well as to engage in electronic communications with you.
17.4 Correction of inaccuracies
You have the right to ask a court to order us to rectify, block, erase or destroy any inaccurate personal information we hold about you.
You have the right to claim compensation for damage and (in certain cases) distress you suffer if we do not comply with the laws referred to above.
17.6 Complaints to applicable authority
The laws we comply with are regulated by the Privacy Commissioner in New Zealand (www.privacy.org.nz). In addition to your rights above, it is open to you, if you have a complaint or concern, to seek assistance from such government regulator, who has powers to compel us to comply with applicable laws and fine us for non-compliance. However, before you do so, we would hope that you will contact us first to discuss any complaint or concerns you have.
We keep our privacy notice under regular review to make sure it is up to date and accurate. When we make any change, we will notify you by email of such change. You can check the top of the document to see the latest version in force.
19. APPLICABLE LAW AND DISPUTES
This policy is subject to the law of New Zealand, and you must bring any claims against us exclusively in the courts of New Zealand.
20. CONTACTING US
This document, and all content of our websites is Copyright © 2020 Red Carnation Hotels, All Rights Reserved.