We collect, use and are responsible for certain personal information about you. When we do so we are subject to the General Data Protection Regulation, which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws.
The information we collect may be collected via our Sites, our call centre, our questionnaires/surveys, our representatives or appointed agents in overseas destinations, or our social media channels.
It would be helpful to start by explaining some key terms used in this policy:
|We, us, our||Holiday Gems Limited trading as Holiday Gems|
|Our data privacy manager||Beryl Robins|
|Personal information||Any information relating to an identified or identifiable individual|
|Special category personal information||Personal information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership
Genetic and biometric data
Data concerning health, sex life or sexual orientation
What types of personal information do we collect about you and why do we collect it:
We may collect and use certain personal information about you and about any other person you include on your booking.
Personal information you give to us:
- When you make a booking with us we may ask for your name, address, e-mail address, telephone number, date of birth, passport details, details of party members, details of next of kin, payment card details, meal preferences and nationality. We need this information to enable us to arrange the travel and other services you are requesting.
- If you contact us online, we may keep a record of your email correspondence.
- If you contact us by telephone, we may record and/or monitor telephone conversations for training and customer services reasons.
- If you enter a competition or complete a survey we will collect your name and relevant contact information.
- If you report a problem with our services we will collect your name and relevant contact information.
- If you make a complaint in connection with our services we will collect your name and relevant contact information.
Personal information we collect and/or observe about you
Based on how you have used our services in the past and your activity on our website and our call centre, we collect the following personal information from you:
- Details of the services we have provided to you in the past, including your previous travel arrangements.
- Details of your visits to our Site, and of the resources that you access. We may use visitor information to measure the entry and exit points of visitors to the Site and respective numbers of visitors to various pages and sections of the Site and details of searches performed. We may also use this information in the future to measure the usage of advertising banners, and other "click throughs" to and from the Site. We have security processes in place to ensure that your personal information is held on a central database and is not accessible by any unauthorised persons. However, persons such as IT systems suppliers may need to have access to the system from time to time.
- Details of the website(s) you visited before you use a link to our Site, pages visited in our Site, and time spent on each. Information about your computer, or mobile device. This is statistical data about our users’ browsing actions.
Personal information we collect and use for legal, compliance, regulatory and crime detection and prevention purposes
We process your personal information so that we can meet our legal, compliance and regulatory obligations, for legal purposes, such as to respond to a valid legal claim, summons or regulatory order.
We also process your personal information for crime prevention and detection purposes.
How your personal information is collected
We collect most of this personal information directly from you—in person, by telephone, text or email and/or via our Site. However, we may also collect information:
- another person making a booking on your behalf
- your travel companion
- our promotion partners
- social media
- from a third party with your consent; or
How and why we use your personal information
Under data protection law, we can only use your personal information if we have a proper reason for doing so, eg:
- to comply with our legal and regulatory obligations;
- for the performance of our contract with you or to take steps at your request before entering into a contract;
- for our legitimate interests or those of a third party; or
- where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
The table below explains what we use (process) your personal information for and our reasons for doing so:
|What we use your personal information for||Our reasons|
|To provide services to you||For the performance of our contract with you or to take steps at your request before entering into a contract. For example, to manage your booking with us, complete your travel arrangements and to take payment for your booking|
|To prevent and detect fraud against you||For our legitimate interests or those of a third party, ie to minimise fraud that could be damaging for us and for you|
|Conducting checks to identify our customers and verify their identity
Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, eg under health and safety regulation or rules issued by our professional regulator
|To comply with our legal and regulatory obligations|
|Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies||To comply with our legal and regulatory obligations|
|Providing Advanced Passenger Information (API) to border control, customs and law enforcement officers at ports of entry and exit on your itinerary||To comply with our legal and regulatory obligations|
|Recording calls made to our call centre so we can review how we handle calls and make any necessary improvements||For our legitimate interests|
|Provide you with special assistance in relation to special categories of personal information||For the performance of our contract with you or to take steps at your request before entering into a contract; to comply with our legal and regulatory obligations; with your consent|
|Improve our products and services||For our legitimate interests|
|Ensuring business policies are adhered to, eg policies covering security and internet use||For our legitimate interests or those of a third party, ie to make sure we are following our own internal procedures so we can deliver the best service to you|
|Operational reasons, such as improving efficiency, training and quality control||For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price|
|Ensuring the confidentiality of commercially sensitive information||For our legitimate interests or those of a third party, ie to protect trade secrets and other commercially valuable information
To comply with our legal and regulatory obligations
|Statistical analysis to help us manage our business, eg in relation to our financial performance, customer base, product range or other efficiency measures||For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price|
|Preventing unauthorised access and modifications to systems||For our legitimate interests or those of a third party, ie to prevent and detect criminal activity that could be damaging for us and for you
To comply with our legal and regulatory obligations
|Updating customer records||For the performance of our contract with you or to take steps at your request before entering into a contract
To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, eg making sure that we can keep in touch with our customers about existing orders and new products
|Statutory returns||To comply with our legal and regulatory obligations|
|Ensuring safe working practices, staff administration and assessments||To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, eg to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
|Marketing our services to:
||For our legitimate interests or those of a third party; with your consent, ie to promote our business to existing and former customers|
|For debt collection and credit vetting to project our business against financial loss||For our legitimate interests or those of a third party, ie to ensure our customers are likely to be able to pay for our products and services|
|For resolving complaints dealing with disputes and legal proceedings||To comply with our legal and regulatory obligations|
How and why we use your personal information
If you have made an enquiry or purchase on our Site or through our call centre, your personal information may be used by us in the ways the law allows, to contact you by post or electronic means (email or text message) about our services, including exclusive offers, promotions or new services. We will only do this if you did not opt out of such marketing at the point where we collect your contact details.
If you have not made an enquiry or purchase, we will only send you information and offers by email or text message if you sign up (opt in) to receive such marketing.
We will always treat your personal information with the utmost respect and never sell or share it with other organisations for marketing purposes.
What you need to do if you don’t want to receive our promotional communications
You have the right to opt out of receiving promotional communications at any time by:
- contacting us at firstname.lastname@example.org
- using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts
We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
Who we share your personal information with
We routinely share personal information with:
- any member of our Group for business purposes, (those business purposes include holding your data on central/shared systems for administering bookings and supporting customers in destination countries). Our Group means our subsidiaries and our ultimate holding company and its subsidiaries.
- third parties we use to help deliver our services to you, eg payment service providers.
- our travel partners, such as airlines, airports, hoteliers and ground handing agents, so that they can provide you with the arrangements and assistance you require.
- other third parties we use to help us run our business, eg marketing agencies or website hosts;
- third parties approved by you, eg social media sites you choose to link your account to or third party payment providers;
- email database provider;
- our insurers and brokers;
- our bank;
- our card payment facilitators, that help us process customer payments and assist us in detecting and preventing fraudulent payments or bookings.
We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We may also share personal information with external auditors, eg in relation to the audit of our accounts.
We may disclose and exchange information with law enforcement agencies, regulatory bodies and external law firms (acting on your instructions) to comply with our legal and regulatory obligations.
We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
We will not share your personal information with any other third party.
Where your personal information is held
Information may be held at our offices, third party agencies, service providers, representatives and agents as described above (see above: ‘Who we share your personal information with’).
Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: ‘Transferring your personal information out of the EEA’.
How long your personal information will be kept
Different retention periods apply for different types of personal information.
When it is no longer necessary to retain your personal information, we will delete or anonymise it.
Transferring your personal information out of the EEA
To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), eg:
- service providers located outside the EEA;
- government bodies or other authorities, such as those responsible for immigration, border control, law enforcement, security and anti-terrorism.
- if you are based outside the EEA.
These transfers are subject to special rules under European and UK data protection law.
These non-EEA countries do not have the same data protection laws as the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law and all personal information will be secure. Our standard practice is to use standard data protection contract clauses that have been approved by the European Commission.
If you would like further information please contact our Data Privacy Manager (see ‘How to contact us’ below).
Your rights in relation to any personal information we hold about you
You have the following rights, which you can exercise free of charge:
|Access||The right to be provided with a copy of your personal information (the right of access)
We may ask for proof of identity and sufficient information about your interactions with us that we can locate your personal information. That may include information about your previous booking(s) or other purchases. If someone is acting on your behalf they will need to provide written and signed confirmation from you that you have given your authority to that person/company for them to make the request. We may not provide you with a copy of your personal information if it includes the personal information of other individuals or we have another lawful reason to withhold that information
|Rectification||The right to require us to correct any mistakes in your personal information|
|Withdrawing your consent||Where we rely on your consent as the legal basis for processing your personal information, as set out in section above titled ‘How and why we use your personal information’, you may withdraw your consent at any time. If you would like to withdraw your consent to receiving any direct marketing to which you previously opted-in, please see the section titled “What you need to do if you don’t want to receive our promotional communications’ for further details. If you would like to withdraw your consent to us processing any special categories of personal information, please contact our data privacy manager. Please note if you ask us to stop processing this information, it may mean we won’t be able to provide all or parts of the services you have requested. If we have to cancel your booking or other purchase as a result, you may incur a cancellation charge
If you withdraw your consent, our use of your personal information before you withdraw is still lawful
|To be forgotten||The right to require us to delete your personal information
|Restriction of processing||The right to require us to restrict processing of your personal information—in certain circumstances, eg if you contest the accuracy of the personal information
We may only process your personal information whilst its processing is restricted if we have your consent or are legally permitted to do so, for example for storage purposes, to protect the rights of another individual or company or in connection with legal proceedings
|Data portability||Where we rely on your consent as the legal basis for processing your personal information or need to process it in connection with your contract, as set out in section titled ‘How and why we use your personal information’, you have the right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that personal information to a third party.
You can ask us to send your personal information directly to another service provider, and we will do so if this is technically possible. We may not provide you with a copy of your personal information if it contains the personal information of other individuals or we have another lawful reason to withhold that information.
|To object||The right to object:
—at any time to your personal information being processed for direct marketing (including profiling);
—in certain other situations to our continued processing of your personal information, eg processing carried out for the purpose of our legitimate interests.
|Not to be subject to automated individual decision-making||The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you|
For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please:
- email, call or write to our Data Privacy Manager—see below: ‘How to contact us’
- let us have enough information to identify you (eg your full name, address and booking reference number, date of departure (past or present), if you were the lead name on the booking or a passenger on the booking, departure and arrival airport, the accommodation you stayed at, board basis, duration, was the booking ATOL, Flight-Plus or accommodation only, how many passengers were on the booking. If you have not made a booking please provide us with information of how you have communicated with us; for example have you made a holiday enquiry)
- let us have proof of your identity and address; and
- let us know what right you want to exercise and the information to which your request relates.
Keeping your personal information secure
We have appropriate security measures to prevent personal information from being accidentally lost, or used or accessed unlawfully. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to complain
We hope that our Data Privacy Manager can resolve any query or concern you may raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: 0303 123 1113.
This privacy notice was published on 4 June 2018 and last updated on 4 June 2018.
We may change this privacy notice from time to time—when we do we will inform you via our website.
How to contact us
Our contact details are shown below:
|Our contact details||Our Data Privacy Manager's contact details|
|Holiday Gems Limited
0871 943 1300
0330 124 0424
Do you need extra help?
If you would like this notice in another format (for example audio, large print, braille) please contact us (see ‘How to contact us’ above).