Data Protection Policy
Last Updated: 28 May 2019
Background
1. About Us
This Policy sets out the obligations of Travel Curious Ltd., a company registered in England and Wales under number 11574959, whose registered office is at 3 Waterhouse Square, 138-142 Holborn, London EC1N 2SW (“TCL”, “we/us/our”) regarding data protection and the rights of our customers, prospective customers and any other employee or individual (“data subjects”) in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
This Policy (in conjunction with our IT Security Policy and Data Breach Policy) outlines our obligations regarding the collection, processing, transfer, storage, and disposal of personal data, together with any other policies that we may introduce to help safeguard personal data and that should be read in conjunction with this Policy. The procedures and principles set out in this Policy must be followed at all times by us, our employees, agents, contractors, or other parties working on our behalf.
We are committed to ensuring that we handle personal data in accordance with the legal obligations imposed on us and this ensures that we place high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals to whom we deal with.
2. Data Protection Officer
Our data protection officer is Nadav Zin who can be reached at nadav@travelcurious.com.
3. Commencement of this Policy
This Policy shall be deemed effective as from the date stated at the top of this Policy, however it will not have effect retrospectively and will apply only to matters occurring after this date.
4. The reason for this Policy
4.1 Data subjects have legal rights with regard to the way their personal data is handled.
4.2 In the course of our business activities we collect, store and process personal data about our customers, suppliers and other third parties and therefore, in order to comply with the law and to maintain confidence in our business, we acknowledge the importance of correct and lawful treatment of this data.
4.3 All people working in or with our business are obliged to comply with this Policy when processing personal data.
5. Introduction
5.1 This Policy and any other documents referred to in it sets out the basis on which we will process any personal data we collect from data subjects, for example, customers and business contacts, or that is provided to us by data subjects or other sources.
5.2 In this Policy when we say “you’ or “your” we are generally referring to the data subjects unless the context requires otherwise.
5.3 It also sets out our obligations in relation to data protection under the General Data Protection Regulation 2016 (“the GDPR Rules”).
5.4 This Policy sets out rules on data protection and the legal conditions that must be satisfied when we obtain, handle, process, transfer and store personal data.
5.5 We agree to ensure that all of our directors, employees, consultants and agents comply with this Policy.
5.6 We aim to ensure the correct, lawful, and fair handling of your personal data and to respect your legal rights.
6. How this Policy applies to you
6.1 As an employee, contractor, consultant or agent on our behalf, you may be processing or accessing personal information on behalf us and as such will be required to comply with this Policy.
6.2 Anyone who breaches this Policy may be subject to disciplinary action, and where that individual has breached the Policy intentionally, recklessly, or for personal benefit they may also be liable to prosecution or to regulatory action.
6.3 As a line manager: there is a requirement to make sure that any procedures that involve personal data, follow the rules set out in this Data Protection Policy.
6.4 As an appointed data processor / contractor: As a data processor on our behalf, we confirm that we will enter in to further contractual terms with such third parties regarding the security of any personal data. Furthermore, data processors have direct obligations under the GDPR, primarily to only process data on instructions and to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk involved.
6.5 Our procedures will be in line with the requirements of this Policy, but if you are unsure about whether anything you plan to do, or are currently doing, might breach this Policy you must first speak to our Data Protection Officer.
7. The meaning of key Data Protection terms
7.1 data is information which is stored electronically, on a computer, or in certain paper-based filing systems.
7.2 data subjects for the purpose of this Policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal information.
7.3 personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions and behaviour.
7.4 data controllers are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They are responsible for establishing practices and policies in line with the Act. We are the data controller of all personal data used in our business for our own commercial purposes.
7.5 processing is any activity that involves use of personal data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
8. Our specific data protection measures
In relation to our use of personal data we take the following measures:
Encryption - All passwords and network traffic.
Transmission via email - Employees can only access service with their TCL G-Suite personal account.
Transmission via networks - Access to all network is password protected and encrypted.
Storage of emails and email content - Store personal data in our own Admin system, Zoho CRM, Active Campaign, Gmail company email account.
Access of employees - Internal training, contractual terms and compliance with our IT Security Policy.
Access of third parties - Safe and appropriate measures and in accordance with any appropriate contractual terms.
Storage of hardcopies - Hard copies of HR contracts and signed NDAs are stored in the office, locked with one key. No other hardcopies of documents are routinely printed nor filed.
Storage of electronic copies - Copies of HR documents are stored by CEO / Financial Controller in a secure G-Suite folder. Companywide documents are stored in G-Suite, each employee has access but only to folders relating to their job. No personal data should be stored on personal computers or on G-Suite.
Sharing - Only designated team folders within G-Suite.
Sub-processing - Consent and contractual terms
Viewing on systems - All internal user systems are password protected
Viewing on devices - All user devices (corporate or private) are pin/password protected
Passwords - Our tech team sets up new joiner passwords, and revokes them once employment ends.
9. Our use of personal data and our purpose
Our Data Retention Policy sets out the different types of data that we may collect, hold and/or process and the basis for retention, but, to enable us to complete your bookings and fulfil our contract with you, the following personal data is integral to the operation of our business and will either be processed by us or third parties on our behalf:
Purpose/Activity
Lawful basis for processing including basis of legitimate interest
Details on our website, to register new customers, including completing registration forms or to submit an enquiry with us.
Performance of a contract
Information to process bookings including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(c) Process bookings
(d) Undertake reviews
(a) Performance of a contract
(b) Necessary for our legitimate interests (to recover debts due to us)
Information to manage our relationship with our customers, or prospective customers which will include:
(a) Notifying about changes to our terms
(b) Asking to leave a review or take a survey
(c) Correspondence
(d) For internal administrative purposes
(a) Performance of a contract
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable customers and prospective customers to partake in a prize draw, loyalty membership, competition or complete a survey
(a) Performance of a contract
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisement and promotional activity to measure or understand the effectiveness of the advertising we are providing
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To recruit, support and manage staff for operational reasons
Necessary for our legitimate interests (to operate the business)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to customers and prospective customers about goods or services that may be of interest
Necessary for our legitimate interests (to develop our products/services and grow our business)
Monitoring and preventing unlawful acts
Necessary for the purposes of the prevention or detection of an unlawful act, and must be carried out without the consent of the data subject so as not to prejudice those purposes, and is necessary for reasons of substantial public interest.
In addition to the above, our data is likely to include the following:
Identity Data includes first name, last name, username or similar identifier.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes bank account and payment card details. We use a third payment provider for all payment details to ensure security.
Transaction Data includes details about payments to and from our customers, as well as other details of products and services that may be purchased from us, including specific booking information, date, price, specific requirements etc.
Technical Data includes internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices that may be used to access our website.
Profile Data including username and password security, purchases or orders made by our customers, their interests, preferences, feedback and survey responses.
Usage Data includes information about how our website is used, together with our products and services.
Marketing and Communications Data includes marketing preferences for our use.
Interaction Data includes any information that customers might provide to any discussion forums on the website.
Third Parties and Information we receive from other sources.
Analytics includes third-party analytics services.
Data Protection Principles
10. Summary of the Data Protection Principles
This Policy aims to ensure compliance with the GDPR Rules. The GDPR Rules sets out the following principles with which any party handling personal data must comply. All personal data must be:
Processed fairly and lawfully – it must be processed fairly and lawfully and it must be processed - in relation to you as the data subject - in a transparent manner
Processed for limited purposes and in an appropriate way - the purposes for which it is collected must be explicit, specified and legitimate
Adequate, relevant and not excessive for the purpose
Accurate – as well as being accurate it must be kept up to date with inaccurate data deleted
Not kept longer than necessary for the purpose
Processed in line with data subject's rights
Security – there must appropriate technical or organisational measures to ensure appropriate security
In addition, personal data must not be transferred outside the European Economic Area (the “EEA”) without adequate protection.
11. Notifying Data Subjects
11.1 As part of complying with the principles in para 4 above, if you provide us with personal data we will always try to tell you:
11.1.1 the purpose or purposes for which we intend to process that personal data;
11.1.2 the types of third parties, if any, with which we will share or to which we will disclose that personal data;
11.1.3 how you can limit our use and disclosure of their personal data; and
11.1.4 if we receive personal data from other sources.
12. Lawful, Fair, and Transparent Data Processing
The GDPR Rules are not intended to prevent the processing of personal data but to ensure that it is done fairly and without adversely affecting your rights. The processing of personal data is lawful if one (or more) of the following applies:
consent - the data subject has consented for a specific purpose;
contract - if the data subject requests the processing with a view to entering into a contract or the processing is necessary for the performance of a contract
legal obligation - if the processing is necessary for the compliance with a legal obligation to which the data controller is subject
protection - processing is necessary to protect your vital interests or those of another natural person
public interest - it is in the public interest for a task to be carried out which requires such processing, or the task is to be carried out as a result of the exercise of any official authority held by the data controller;
legitimate interests - for the legitimate interest of the data controller or the party to whom the personal data is disclosed.
We do not collect sensitive personal data for our business needs, but in the event, it is necessary to do so, we shall ensure it is in compliance with the GDPR Rules.
13. Processed for limited purposes and in an appropriate way
13.1 In the course of our business, we may collect and process the personal data set out above. This may include personal data we receive directly from you (for example, by completing forms, completing bookings or by corresponding with us by mail, phone, email or otherwise) and data we receive from other sources (including, for example, business partners, sub-contractors in technical, payment and delivery services, hotels and others).
13.2 We will only process personal data for the specific purposes set out above or for any other purposes specifically permitted by the GDPR Rules. We will notify those purposes to you when we first collect the personal data or as soon as possible thereafter.
14. Adequate, Relevant and not excessive for the purpose
We will only collect and process personal data for the specific purpose(s) set out above.
15. Accuracy of Data and Keeping Data Up To Date
We will keep your personal data accurate and up-to-date. We will check its accuracy regularly. When we find inaccurate or out-of-date data we will take reasonable steps to amend or erase that data.
16. Timely Processing
We will only keep your personal data for a period of time which we judge is relevant and necessary taking into account the purpose(s) of collecting the personal data which are specified above. For more information, please refer to our Data Retention Policy.
17. Processing that is secure
In addition to the measures above:
17.1 we will make sure that the personal data we collect is securely kept and we stop unauthorised processing and prevent its loss, destruction or damage;
17.2 we will ensure that only people who are authorised to use personal data can access it and that we have entry controls to our premises and systems, lockable desks and cupboards for confidential personal data and destruction of hard copy documents and digital storage devices;
17.3 all authorised persons must ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
For more information on this, we refer you to our IT Security Policy.
Data Subject Rights
18. Right to Information
Data subjects have the right to information about:
18.1 The purpose(s) of collecting their personal data and the legal basis for collecting it and what our legitimate interest is for processing their personal data.
18.2 The categories of personal data collected and where is to be transferred, especially if outside the EEA.
18.3 The length of time we hold personal data (or, where there is no predetermined period, details of how that length of time will be determined).
18.4 Data subject’s rights including the right to withdraw consent to processing, the right to complain to the Information Commissioner and also things such as details of any legal requirement for processing personal data that may exist and any automated decision-making that we carry out.
We will try to provide this information when we collect the personal data or, if we collect the personal data from another party, when we communicate with you after the personal data is received.
19. Where the Data Subject is a child
Where a child is below the age threshold of consent, we shall make reasonable efforts to verify that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology.
20. Data Subject Access
20.1 A data subject may request access to any data held about them by us (a subject access request (“SAR”)).
20.2 We reserve the right to charge reasonable fees for onerous or repetitive requests.
20.3 Data subjects must make a formal request for information we hold about them. This must be made in writing.
20.4 When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:
20.4.1 We will check the caller's identity to make sure that information is only given to a person who is entitled to it.
20.4.2 We will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.
21. Accuracy of personal data: right to rectification
21.1 We will do our best to ensure that all personal data held about a data subject is accurate and complete. We ask that data subjects notify us of any changes to information held about them.
21.2 Data subjects have the right to request that any incomplete or inaccurate information held about them is rectified and to lodge a complaint with us and the Information Commissioner's Office.
21.3 We will respond to requests to rectify within one month.
22. Right to be forgotten
Data subjects have the right to request the deletion or removal of personal data however requests for erasure can be rejected in certain circumstances.
23. Right to restriction of Processing
Data subjects can block the processing of their personal data. This means we may be able to store it, but cannot process it further without consent. Restricting data is required where the accuracy of data is challenged - but only until the accuracy has been verified.
24. Right to data portability
24.1 If a data subject has provided personal data to us, they have the right to transfer it from us to someone else.
24.2 If requested by a data subject, we may transmit the data directly to another organisation if feasible. We must respond without undue delay and within one month, or two months if the request is complex.
25. The right to object
A data subject has a right to object to the processing of their personal data. We must stop processing unless we can demonstrate a legal ground for the processing.
26. Automated decision-making
26.1 Data subjects have the right not to be subject to a decision based on automated processing and it produces a legal effect or other significant effect on them.
26.2 Data subjects can request human intervention where personal data is processed using automated decision-making and can ask for an explanation of the decision to use automated decision-making.
27. Profiling
If we use a data subject’s personal data for profiling purposes:
27.1 We will give them information fully explaining the profiling which will be carried out including its importance and the likely results of that profiling;
27.2 We will make sure that appropriate mathematical or statistical procedures will be used;
27.3 We will implement technical and organisational measures which are required to minimise the risk of mistakes and to enable such mistakes to be easily corrected; and
27.4 We will make sure that all personal data processed by us for profiling purposes will be kept secure so as to avoid discriminatory effects resulting from such profiling.
Other Obligations
28. How we deal with personal data internally
We will:
28.1 train our employees in relation to our responsibilities under the GDPR Rules
28.2 ensure that only appropriately trained, supervised and authorised personal have access to personal data held by us; and
28.3 regularly evaluate and review our collection and processing of personal data and the performance of employees and third parties working on our behalf to ensure that it is in accordance with the GDPR Rules.
28.4 keep internal records of personal data that we collect and process, including, in relation to that personal data, details of the categories, any transfers, our security measures, our purpose of collection and the duration of retention of that personal data. We will also retain details of all third parties that either collect your personal data for us or that we use to process your personal data.
28.5 carry out privacy impact assessments as required by law i.e. for any and all new projects and/or new uses of personal data, which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of data subjects under the GDPR.
29. Marketing
29.1 We will comply with the rules set out in the GDPR, the Privacy and Electronic Communications Regulations (PECR) and any laws which may amend or replace the regulations around direct marketing. This includes, but is not limited to, when we make contact with data subjects by post, email, text message, social media messaging, telephone (both live and recorded calls) and fax.
29.2 Direct marketing means the communication (by any means) of any advertising or marketing material which is directed, or addressed, to individuals. “Marketing” does not need to be selling anything, or be advertising a commercial product. It includes contact made by organisations to individuals for the purposes of promoting the organisation’s aims.
29.3 Any direct marketing material that we send will identify us and will describe how people can object to receiving similar communications in the future. If a data subject exercises their right to object to direct marketing we will stop the direct marketing as soon as possible.
30. Accountability
30.1 We shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
30.2 Our name and our details, our key point of contact and any applicable third-party Data Controllers;
30.3 The purposes for which we process personal data;
30.4 Details of the categories of personal data collected, held, and processed by us; and the categories of data subject to which that personal data relates;
30.5 Details (and categories) of any third parties that will receive personal data from us;
30.6 Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;
30.7 Details of how long personal data will be retained by us; and
30.8 Detailed descriptions of all technical and organisational measures taken by us to ensure the security of personal data
31. Transferring personal data to a country outside the EEA
We may transfer personal data to countries outside of the EEA, however we will ensure that the transfer is:
31.1 to a place that the EU has judged to provide adequate levels of protection for personal data;
31.2 to a place that provides adequate safeguards under either an agreement with a public body, rules that bind companies or standard data protection clauses adopted by the EU or some other form of approved code of conduct approved by a supervisory authority or certification or other contractual clauses or regulatory provisions;
31.3 necessary for the performance of a contract between you and us or with a view to creating that contract;
31.4 made with your consent; and
31.5 necessary for important public interest reasons, legal claims, to protect your vital interests.
32. Notification of a personal data security breach
32.1 If a personal data security breach occurs, we will manage and respond to it effectively in accordance with GDPR and it must be reported immediately to our Data Compliance Officer.
32.2 We will notify the Information Commissioners Office and any data subject of personal data security breaches to the extent we are required to do so by GDPR.
32.3 If disclosure is not required by GDPR, we will nevertheless investigate closely all the circumstances surrounding the breach and examine the seriousness of the breach and the benefits that might be obtained by disclosure (such as limiting risks of fraud) and we will give careful consideration to any decision to notify the ICO or you, especially if your rights and freedoms as data subjects are affected.
32.4 For more information, we refer you to our Data Breach Policy.