SELF CATER CORNWALL HOLIDAYS LIMITED operating www.selfcatercornwall.co.uk (the ‘Site’) a company registered in England and Wales under number 05992861 whose registered address is at Elbury House, 3 Trevemper Road, Newquay, England, TR7 2HR hereinafter referred to as (‘Self Cater’ ‘We’, ‘Us’ or ‘Our’), have created this privacy statement (‘Statement’) in order to demonstrate Our firm commitment to the privacy of the details that You provide to Us when using the Self Cater Cornwall Site to access the Self Cater Cornwall Services.
We are committed to protecting and respecting Your privacy and Your Personal Data. For the purpose of the EU General Data Protection Regulation 2016/679 (otherwise referred to as the GDPR), Self Cater Cornwall Holidays Limited is the Data Controller (ICO registration number: TBC).
For all matters relating to privacy and data protection, please contact Mr David Blatchford (Director and Data Protection Manager) by email to email@example.com or by telephone to 01637 859 595.
In this Statement, references to ‘You’, ‘Your’ and ‘Self Cater Cornwall Customer’ are references to the customer or prospective guest who uses the Self Cater Cornwall Site. When You use the Self Cater Cornwall Site to access the Self Cater Cornwall Services, You are consenting to the practices set forth in this Statement.
We aim to be as clear as possible in this Statement in respect of Your Personal Data. This Statement applies to Your Personal Data that We collect about You when You use the Self Cater Cornwall Site, how and when it is used, how We protect it and who has access to it (the ‘Terms’).
This Statement governs Your use of the Self Cater Cornwall Services, including any dispute concerning privacy. By using the Self Cater Cornwall Services, You accept this Statement in full. You should read the Statement carefully and ensure that You understand its effect before proceeding to use the Self Cater Cornwall Site to access the Self Cater Cornwall Services. We reserve the right to make reasonable changes to any of the Terms herein at any time. Any changes We do may make will be posted on this page and, where appropriate, notified to You by email.
2.1 In order for Us to provide You with the Self Cater Cornwall Services, We collect various types of Personal Data. We are committed to ensuring that the information We collect and use is appropriate, relevant and proportionate for the stated purpose. Some types of Personal Data may be voluntarily provided by You which is to be shared with Us (and Self Cater Cornwall Service Providers as applicable) in respect of yourself (or in respect of one or more other individuals where lawful authority is granted to You by those other individuals) which shall include as follows:
|What Personal Data is processed?||Source: Where is it collected from/ via?||(1) What is the ‘purpose’ of processing? &
(2) What is the lawful basis Article 6 for processing?
|Retention: For how long is it held?|
|Name, email address, mobile number, and address of Customer making the booking; all guest names, gender (including name and age category of under 18s)||Customer making the booking reservation using email or telephone direct or via Third Party Service Providers:
I Know Cornwall
|(1) the purpose is to secure the reservation/ booking for the accommodation.
(2) the legal basis we are relying on for lawfully processing this is a contractual obligation under Article 6(1)(b)GDPR.
|Up to twelve (12) months from the completion of the booking period|
2.2 Some of the information collected in the table above is essential for Us to provide You with the Self Cater Cornwall Services but it is Your choice whether You provide all the information We request. Not providing information may affect Our ability to provide all the Self Cater Cornwall Services to You.
2.3 We will retain your Personal Data only for as long as is necessary to provide the Self Cater Cornwall Services which You request and in accordance with the retention periods set out in column 4 of the table at Clause 2.1. We shall then delete it unless you ask Us not to, or We have a legitimate reason to retain it. We need to retain sufficient information about You in compliance with legal or statutory requirements, for example, in the event of a legal or insurance claim in the future so that We can identify You.
2.4 We may from time to time offer a range of additional services. We may need to collect additional information about You as part of this. This may include but is not limited to promotions, prize draws, competitions and surveys. Additional notices about the information that We collect and how We will use it will be provided to You at the point that You are invited to avail of these additional services.
2.5 Where We state that We rely on consent under Article 6(1)(a) to process Your Personal Data for a particular purpose as per column 3 of the table at Clause 2.1, You have the right to withdraw Your consent at any time. This will not affect the lawfulness of processing carried out by Us which was based on consent before its withdrawal.
2.7 Self Cater Cornwall agrees and warrants that it will adhere to all Data Protection Legislation and will take appropriate technical and organisational security measures against the unauthorised or unlawful processing of Your Personal Data and against accidental loss or destruction of, or damage to Your Personal Data.
2.8 Self Cater Cornwall shall process Personal Data list in the table at Clause 2.1 only to the extent, and in such a manner, as is necessary for the sole purpose of fulfilling the Self Cater Cornwall Services (including making improvements to the Self Cater Cornwall Services). For the avoidance of doubt, Self Cater Cornwall is the exclusive owner (or lawful licensee) of the Self Cater Cornwall Site as well as the Self Cater Cornwall Content.
2.9 Each monetary transaction made via Self Cater Cornwall Site shall be processed by a third-party payment processing partner who is a Self Cater Cornwall Service Provider – Pay360. You will be required to provide Pay360 with Your Personal Data including financial data in order to use the payment processing services.
2.10 To make and complete a financial purchase or to receive a payment via the Self Cater Cornwall Site, the policies of Pay360 shall apply. You are subject to the Pay360 privacy terms hyperlinked herein.
3.1 Self Cater will process i.e. collect, store and use the Personal Data You provide in a manner that is compatible with the Data Protection Legislation.
3.2 We will endeavour to keep Your Personal Data accurate and up-to-date and not keep it for longer than is necessary. Our aim is not to be intrusive and We undertake not to ask irrelevant or unnecessary questions. Moreover, the information You provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.
3.3 NON-MARKETING COMMUNICATIONS: You acknowledge that, Your Personal Data may be used by Self Cater Cornwall to contact You when necessary in connection with Your use of the Self Cater Cornwall Site to access the Self Cater Cornwall Services as follows:
|What Type of Non-Marketing Communication?||Method of presentation/ sending?||Legal Basis for processing?|
|Booking acknowledgement; Booking Confirmation; Other Information regarding accommodation||By email from Self Cater||We do not need Your explicit consent for this as the “processing is necessary for the performance of a contract” under Article 6(1)(b) GDPR.|
|Transaction Receipt||By email from Pay360||We do not need Your explicit consent for this as the “processing is necessary for the performance of a contract” under Article 6(1)(b) GDPR.|
3.4 MARKETING COMMUNICATIONS: From time to time and with Your permission, Self Cater Cornwall may contact You and send you Marketing Communications that We believe may be of interest to You which shall be of the type (and via the method(s)) referred to in the table. By looking at Your participation profile as well as any additional information which You have agreed can be shared with Us, We can identify news, offers and services that are most likely to be most relevant and will meet Your needs. When We send You a Marketing Communication, We may monitor whether You have opened the communication and clicked on any included links. This will enable Us to track and analyse Your level of engagement/ interest in the communication We are sending to You and will provide Us with further insight on what type of communications are of most interest to You.
|What Type of Marketing Communication?||Method of presentation/ sending?||Legal Basis for processing?||How can you opt out of continuing to receive direct marketing communications?|
|Newsletter to people who sign up to receive this on Our homepage||We will only send You these where You have provided Us with specific consent for this specific purpose as permitted under Article 6(1)(a) GDPR||You can unsubscribe via Our Self Cater Cornwall Service Provider – MailChimp|
|Offers or Promotions by email to Customers following a completed holiday period||We will only send You these where You have provided Us with specific consent for this specific purpose as permitted under Article 6(1)(a) GDPR
where You have purchased from Us and have not opted out of, or objected to, receiving Marketing Communications under Article 6(1)(f) GDPR
|You can unsubscribe via Our Self Cater Cornwall Service Provider – MailChimp|
3.5 If You agree to receiving any of the above Marketing Communications but later change Your mind, You can use the ‘unsubscribe’ link at the end of any Electronic Mail communication received by You.
3.6 LEGITIMATE INTERESTS TO PROCESS YOUR PERSONAL DATA: We process Personal Data about You where We have a legitimate interest to do so. In some cases, this may require Us to collect additional information from You or from other sources. Where We do rely on legitimate interests under Article 6(1)(f) GDPR to process Your Personal Data, You have the right to object to any of the processing We undertake. If You wish to object please complete Our Objections Form. Please bear in mind that if You object, this may affect our ability to provide to You the benefits of the Self Cater Cornwall Services.
4.1 We have a legitimate interest in sharing Your Personal Data with Our Self Cater Cornwall Service Providers who We engage to provide some of Our business and daily operational functions on Our behalf to ensure the Self Cater Cornwall Services. Consequently, We need to disclose Your Personal Data to them for the sole purpose of fulfilling the Self Cater Cornwall Services only (including making improvements to the Self Cater Cornwall Services) and not for the purposes of those Self Cater Cornwall Service Providers sending Marketing Communications to You. We limit the Personal Data that We share to the minimum required to provide the service and the Self Cater Cornwall Service Provider will only be able to use Personal Data for the specific purposes for which it was shared. We do not need Your express consent for this as We rely on legitimate interests under Article 6(1)(f) GDPR in addition to the fact that the “processing is necessary for the performance of a contract” under Article 6(1)(b) GDPR.
4.2 Disclosure of Your Personal Data in Compliance with Laws or by way of a Legal/Statutory Obligation
4.3 You should be aware that We may release Your Personal Data when We believe it is necessary to comply with laws or regulations, to assist law enforcement, to enforce the terms under which You transact or communicate with Self Cater Cornwall, or to protect the rights, property or safety of Self Cater Cornwall, a Self Cater Cornwall Customer or other third parties. We may need to process Personal Data about You to comply with a legal or statutory obligation including but not limited to:
(a) accounting, auditing, compliance and administration practices; and,
(b) the maintenance of amendments to consents and to create suppression lists to ensure Self Cater Cornwall Customers who object to processing are excluded from the relevant processing activity in the future.
From time to time, We may transfer Your Personal Data to a related company, agent or contractor (also known as Self Cater Cornwall Service Providers) in order to improve Our Self Cater Cornwall Services or to assist our security, credit risk or fraud protection activities and as permitted by Data Protection Legislation from time to time.
|Name of Self Cater Service Provider||Self Cater Service Provider Activity||Where is the data transferred to? & what level of protection is given to it?|
|MailChimp||Direct Marketing||We use insert e.g. MailChimp, a US-hosted third party provider to send out our Marketing Communications who are certified as adhering to the EU-US Privacy Shield. For more information, please see MailChimp’s privacy notice.|
|BeachLets||Advertising Platform Directory||For more information, please see BeachLets’ Privacy Statement|
|I Know Cornwall||Advertising Platform Directory||Some or all of Your Personal Data may be transferred and stored outside of the European Economic Area (the “EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, Liechtenstein). For more information, please see their Privacy Information.|
|Microsoft365||Microsoft 365 is an IT integrated business manager.||Your Personal Data will only be stored within the United Kingdom. You are deemed to consent to this by using the Services. Should We need to transfer Your Personal Data outside of the UK or EEA in the future, it will be in compliance with the GDPR requirements for external transfer and all details will be added to Our Privacy Statement. For more information, please see Microsoft’s Privacy Data Transfer Information.|
4.5 Transfer of Personal Data in the Event of the Sale of Self Cater Cornwall Customer or its Assets
In the event that Self Cater Cornwall is sold or transfers some of its assets to another party, Your Personal Data could be one of the transferred assets. If Your Personal Data is transferred, its use will remain subject to this Privacy Statement. Your Personal Data will be passed on to a successor in the event of a liquidation or administration
4.6 Other Websites and their Privacy Policies and Cookie Policies
The Self Cater Cornwall Site may contain links to other websites or applications. Self Cater Cornwall is not responsible for the privacy practices or the content of such websites or applications or for the privacy policies, cookie policies and practices of other third parties, so You should be careful to read and understand those policies independently.
5.1 We aim to ensure Our Self Cater Cornwall Services are fully inclusive and accessible to everyone. To make this possible We need to collect (and may provide to prospective Self Cater Cornwall Service Providers) information on Your usage of the Self Cater Cornwall Services which will help us review the accessibility of, and Your usage of, the Self Cater Cornwall Services. This information is very important to Us as it also enhances Our understanding of the Self Cater Cornwall Customer needs and helps Us to aid the technical administration of Self Cater Cornwall Site, to better understand how the Self Cater Cornwall Site is functioning and to draw conclusions upon demographic information. Such information is provided in anonymised and aggregate form and do not include any individually identifiable data.
5.2 RETENTION: How long We keep Your Personal Data collected through the Self Cater Cornwall Site depends on the context in which You provide it and the purpose for which We use it. We will only retain it for as long as is necessary for such purposes. Self Cater Cornwall uses it discretion to decide retention periods in consultation with the advice provided by any organisation by which We are a member of or regulated or governed by as referred to at the top of this Privacy Statement. Our retention periods are set out in the table at Clause 2.1.
|What is your right under the GDPR?||How do we honour your right?|
|The right to be informed||We must provide ‘fair processing information’, typically through a privacy statement such as this describing how and why We collect and use Your Personal Data.
Read more guidance from the ICO on what information we should supply to You and when You should be informed (which shall differ depending on whether or not We obtained the Personal Data directly from You or a third party).
|The right of access||We try to be as open and transparent as We can be in terms of giving You access to the information that We hold on You. You are entitled to be able to check the lawfulness of any processing of Your Personal Data. You can find out if We hold (and process) any other Personal Data by making a ‘Data Subject Access Request’ (DSAR). To make a DSAR to access Your Personal Data that We may hold, You need to put the request in writing addressing it to the postal address provided or You can send it electronically to the email address below. We will action Your request without delay and at the latest within one (1) month of Your request subject to any extensions granted. Alternatively, if You agree, We will try to deal with Your request informally, for example, by providing You with the specific information You need over the telephone.
If you wish, You can make Your request using the Self Cater Cornwall DSAR Form. If We do hold information about You, We will:
|The right of rectification||You are entitled to have Your Personal Data rectified if it is inaccurate or incomplete. If We have disclosed this to third parties, We will inform You. We have one month initially to rectify it subject to a possible extension.
Where We decide not to rectify, We shall provide an explanation as to why We are not making changes and inform You of Your further rights.
|The right of erasure||You have a legal and personal “right of erasure”, the extension of which is also known as the “right to be forgotten”. Upon Your request, We will close Your Account and remove Your Personal Data as soon as reasonably possible from all of Our records unless a lawful reason exists for Us to retain some or all of it.|
|The right to restrict processing||You have a right to ‘block’ or ‘suppress’ the processing of Your Personal Data under certain circumstances but We are still entitled to store just enough of Your Personal Data to ensure that the restriction is respected in future.|
|The right to object||
|The right to data portability||You are entitled to obtain (in a commonly used and machine readable form) and reuse Your Personal Data that You have provided to Us (via consent or contract performance) and which We process by automated means for Your own purposes across different services and free of charge. We must respond to a request without undue delay, and within one month whether or not We decide to action Your request. Where We decide not to, We shall inform You of Your further rights.|
|Rights related to automated decision making and profiling||Subject to any exceptions, We should not take a potentially damaging decision concerning You as a result of using automated processing operations without human intervention. We must ensure that You have the opportunity to:
8. COMPLAINTS OR QUERIES
If You have a complaint about the way in which Self Cater Cornwall has processed Your Personal Data or a general request for information about Our Privacy Statement or a Data Subject Access Request, please contact the person named in the introduction in writing or by email.
Self Cater Cornwall tries to meet the highest standards when collecting and using Personal Data. For this reason, We take any complaints We receive about this very seriously. We encourage You to bring it to Our attention. We are happy to provide any additional information or explanation needed in respect of Our processing activities upon request. If You are still not happy with the way in which Your Personal Data is being processed by Us, please contact the UK’s supervisory authority to whom You can lodge a complaint – www.ico.org.uk.
9. DEFINITIONS & INTERPRETATIONS
Article 6(1)(a) GDPR: You have given Your consent to the processing of Your Personal Data for the specific purpose(s).
Article 6(1)(b) GDPR: the “processing is necessary for the performance of a contract”.
Article 6(1)(f) GDPR: processing is necessary for the purposes of the legitimate interests pursued by Us as a Data Controller or by a third party and such interests are not overridden by Your interests or fundamental rights and freedoms of the data subject which require protection of Personal Data.
Data Protection Legislation: refers to the GDPR together with any other applicable regulations, orders, code of practice and guidance.
Data Subject Access Request or ‘DSAR’: refers to right of access as further described in the table at Clause 7.
Electronic Mail: includes email, text, video, voicemail, picture and answerphone messages (including push notifications).
Intellectual Property Rights: patents, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Marketing Communication(s): refers to any communication whether by an Electronic Mail method or otherwise that We send to You (either directly or via a Self Cater Cornwall Service Provider) which may include but are not necessarily limited to relevant newsletters and magazines, information about opportunities, products, services and events and relevant information.
Non-Marketing Communication(s): refers to any communication which is functional/ administrative only and are not Marketing Communications.
Personal Data: has the meaning set out in the GDPR.
Self Cater Cornwall Content: the content including all Intellectual Property Rights therein residing on the Self Cater Cornwall Site (which may or may not include Personal Data).
Self Cater Cornwall Services: refers to the Self Cater Cornwall Services We may provide to You.
Self Cater Cornwall Service Providers: refers to the external third party data processors (as distinct from Partner Organisations) with whom We work with from time to time as a necessary part of providing the Self Cater Cornwall Services and with whom We therefore need to share Your Personal Data with from time to time which shall include professional and legal advisors in addition to those listed at Clause 4.4.
Self Cater Cornwall Customer: refers to the person using the Self Cater Cornwall Site.
We keep Our Statement under regular review. This Statement was last updated on 23rd May 2018.
By signing up, You are consenting to receive the Self Cater Cornwall newsletter with the latest offers by email. We use third parties to deliver our monthly e-newsletter - SuperControl (Our Bookings Manager) and Mailchimp. See our Privacy Statement. You can unsubscribe at any time.