ABERCROMBIE & KENT Ltd

PRIVACY NOTICE

Version Date: 28th May 2021

Contents

1. Introduction
2. Companies and websites within scope
3. Important information and who we are
4. The data we collect about you or your clients
5. How Your Personal Data is Collected
6. How we use your personal data
7. Disclosures of your personal data
8. International transfers
9. Data security
10. Data retention
11. Your legal rights
12. Glossary

1. Introduction

Welcome to the privacy notice for the Abercrombie & Kent Group.

Abercrombie & Kent (A&K) respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) or when you otherwise provide personal data to us via other means (such as over the telephone) (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. Depending on where you are resident, you will need to access the link relevant to your jurisdiction which can be found on the left hand side of this policy.

2. Companies and websites within scope

The following companies and websites are within the scope of this privacy notice.

Abercrombie & Kent USA LLC.                       www.abercrombiekent.com

Abercrombie & Kent (Australia) Pty. Ltd.         www.abercrombiekent.com.au

Abercrombie & Kent Ltd.                                  www.abercrombiekent.co.uk

                                                                         www.coxandkings.co.uk

                                                                         www.akvillas.com

                                                                         www.akdmc.com

                                                                         www.akdmc-cruise.com

                                                                         www.akdmc-mice.com

Abercrombie & Kent Philanthropy                    www.akphilanthropy.org

3. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how the A&K group of companies collects, manages and processes your personal data, including any data you may provide through this website or via any other means (such as over the telephone) when you purchase travel arrangements through us or otherwise provide personal data to us.

This website is not intended for children and the only circumstances in which we collect data relating to children is where you make a booking of arrangements and you have children in your party.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Data Controller\Data Processor

A&K can be considered both a controller and a processor and remains responsible for your personal data (collectively referred to as “A&K", "we", "us" or "our" in this privacy notice).

When we work with agents to process itinerary requests, travel bookings or travel services on behalf of their clients, we are be considered the data processor. This is because we act on the instruction of the agent and process their client’s personal data in order to provide services that the agent requests on behalf of their client.

When we work with other A&K companies, such as our US Tour Operating Company, we are considered to be a co-controller, as we are able to determine and manage the means and purpose of processing a guest’s personal data.

We have appointed a data protection compliance manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data protection compliance manager using the details set out below.

Contact details

Data Controller/Processor

If you are uncertain of have a general question regarding data protection, please use the contact details for the United Kingdom.

United Kingdom of Great Britain and Northern Ireland

Legal entity:               Abercrombie & Kent Ltd.

Company No:             01082430

Name:                        Data Compliance Officer

Email address:           datacompliance@abercrombiekent.co.uk

Postal address:          St George's House, Ambrose Street, Cheltenham, GL50 3LG.

Data Protection Officer

Legal Entity:               GRCiLaw ltd

Company No:             11311669

Name:                         Data Protection Officer as a Service

Email Address:           dpoaas@grcilaw.com

Postal address:          Unit 3 Clive Court, Bartholomews Walk, Cambridge Business Park, Ely, Cambs. CB7 4EA.

Supervisory body:     The Information Commissioner’s Office (ICO).

Website URL:            ico.org.uk

European Union Representative

The contact details for our registered data protection representative in the European Union.

Legal entity:               Abercrombie & Kent Italy and Croatia

Name:                         EU Data Protection Representative

Email address:           datacompliance@abercrombiekent.co.uk

Postal address:          Via Fattori 10, Florence, 50132, Italy.

Supervisory body:     Garante Per La Protezione Dei Personali

Website URL:            garanteprivacy.it

United States of America, Canada and South/Central America

The contact details for our registered data protection representative for the USA and the Americas

Legal entity:            Abercrombie & Kent USA LLC

Name:                    Data Protection Manager

Email address:            datacompliance@abercrombiekent.com

Postal address:       1411 Opus Place Executive Towers West II, Suite 300, Downers Grove, IL 60515.

Australia and Asia

The contact details for our registered data protection representative Australia and Asia.

Legal entity:            Abercrombie & Kent Australia Pty. Ltd.

Name:                    Data Protection Manager

Email address:            datacompliance@abercrombiekent.com.au 

Postal address:       Level 3, 290 Coventry Street, South Melbourne, VIC 3205.

Right to complain

You have the right to make a complaint at any time. There are many data protection supervisory bodies around the world and we would suggest that you make any complaints to the relevant supervisory body (details above).

We would, however, appreciate the opportunity to deal with your concerns before you approach a supervisory body, so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if any of the details you provide to us should change, during the course of your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

4. The data we collect about you or your clients

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

(A) Identity Data

This includes data relating specifically to your identity, such as your first name, maiden name, last name or similar identifier, marital status, title, date of birth and gender.

(B) Contact Data

This includes data relating to how you may be contacted, such as your home address, business address, email address and telephone numbers.

(C) Financial Data

This includes data relating to your means and methods of payment, such as your bank account and payment card details. We don't retain or store credit card details unless as authorised to retain as a security deposit and we will obtain your express authority to store these for this purpose. 

(D) Transaction Data

This includes data relating to the transactions you have carried out with us, such as details about payments to and from you and other details of products and services you have purchased from us.

(E) Technical Data

This includes more technical data that we may obtain when you make use of our website, such as your internet protocol (IP) address, your 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 you use to access this website.

(F) Profile Data

This includes the data that we receive if and when you create a profile on our website and make use of that profile, such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. 

(G) Usage Data

This includes information about how you use our website, products and services.

(H) Marketing and Communications Data

This includes your preferences in relation to whether or not you want to receive marketing from us and our third parties and also your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we will treat the combined data as personal data which will be used in accordance with this privacy notice.

Special Categories of Personal Data

During our interactions we may collect special categories of personal data about you as detailed below.  This may be because you want us to have the information or inadvertently as result of a group you travel with (please see example below).  It may also be because we need to know certain personal data about you which is special category data in order that we can provide you with the best possible service and advise you whether a trip is suitable for you.  Health is one of the best examples of this.

E.g.  If we receive a group booking from a specific religious association we will inadvertently have details of religious beliefs of those individuals.  The same can be said for groups from political associations and trade union associations.

E.g.  We are sometimes asked whether certain medication is allowed to be taken into certain jurisdictions which discloses certain medical conditions.

Other special category of personal data which we may end up receiving from you include details about your:

• dietary requirements which may disclose your religious or philosophical beliefs;
• health;
• race or ethnicity;
• sex life or your sexual orientation;
• political opinions;
• trade union membership;
• genetic and biometric data.

You are not under any obligation to consent to us processing or disclosing your sensitive information in the manner described above and in our privacy policy. However, if you don’t agree then we won’t be able to process your data or transfer your data to our suppliers. As you will appreciate it would then be difficult to actually provide your holiday because making your holiday arrangements involves processing your data and transferring your data to our suppliers in order that they can provide the services. 

If you have concerns with us processing or transferring your data then please discuss that with us at your earliest convenience in order that we can book your holiday and provide you with the necessary services. 

If you are happy to consent to our use of your sensitive information, you will also be able to withdraw your consent at any time. However, as this will prevent us from providing your holiday, we will be required to treat any withdrawal of consent as a cancellation of your booking and the cancellation charges in the Booking Terms and Conditions for your booking will become payable.

5. How Your Personal Data is Collected

We use different methods to collect data from and about you including through:

Direct interactions

You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• make a booking of arrangements;
• request a quote for arrangements;
• subscribe to our newsletter or other publications;
• request marketing;
• enter a competition, promotion or survey;
• give us some feedback; or
• use our online payment and client portals.

Automated technologies or interactions

As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns.

We collect this personal data by using cookies, or other similar technologies. Please see our cookie policy for further details.

Third parties

We may receive personal data about you from various third parties as set out below:

Technical Data from the following parties:

• analytics providers such as Google based in the United States; and
• advertising networks based around the world;.

Competitions

From time to time we may run competitions with third parties where we would collect data about you, however all participants have the option to opt in or out to receive any information from us.

6. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us via the contact details for your country or region.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have made a booking with us and, in each case, you have opted in to receive that marketing.

Where you have not made a booking with us but you are interested in receiving marketing communications from us about products, services and offers, we will get your express opt-in consent.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us to stop sending you marketing messages at any time by following the opt-out unsubscribe links on any marketing message sent to you or by contacting your travel consultant at any time or by contacting us via the contact details for your country or region.

Where you opt out of receiving these marketing messages, this will not apply to personal data that you have provided to us as a result of a purchase of arrangements or other such transactions.

Monitoring communications

We may monitor, record, store and use any [telephone,] email or other communication with you in order to check any instructions given to us, for training purposes, for crime prevention and to improve the quality of our customer service.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us via the contact details for your country or region.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

California Privacy Rights. California residents have certain rights under the California Consumer Privacy Act and other state laws.

• Access Your Personal Information. You may request the following information from us: (1) the categories of Personal Information we have collected about you; (2) the categories of sources from which the Personal Information was collected; (3) the business or commercial purpose for collecting or selling (if applicable) your Personal Information; (4) the categories of third parties with whom we shared Personal Information; and (5) the specific pieces of Personal Information we have collected about you.
• Delete Your Personal Information. You may request that we delete your personal information. Note that deletion requests are subject to certain limitations, for example, we may retain Personal Information as permitted by law, such as for tax or other record keeping purposes, if you have an upcoming reservation or to maintain an active account, and to process transactions and facilitate customer requests.
• Do Not Sell Your Personal Information. We will not disclose your Personal Information to third parties if we have received and processed a request from you not to do so. Please click here to opt out.
  Please note that we may continue to share your Personal Information with our affiliates and service providers for essential purposes such as to: comply with law; investigate / prevent potential security incidents or fraud; facilitate the functionality of the Site; provide information to you related to your safety; enforce contracts between us and you; protect our operations, rights, privacy, safety or property, security, and that of our affiliates; allow us to pursue available remedies or limit the damages that we may sustain.
• Do Not Track. We do not monitor or follow “Do Not Track” (DNT) signals because there is no standard interpretation or practice for DNT signals. Therefore, we handle all user information consistent with this Privacy Notice.
• Exercising Your Rights. To exercise your access or deletion rights, please complete this form and email the form to datacompliance@abercrombiekent.co.uk, or contact us at 888-598-0661 for assistance. Note that we will not discriminate against you in service or price for exercising your rights.
• Authorized Agent. You may designate an authorized agent to submit a request on your behalf. We will require written proof of your agent’s permission to act on your behalf, and will verify your identity directly.
• Shine the Light. California Civil Code Section 1798.83 permits you to request information regarding our disclosure of your personal information (if any) to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us datacompliance@abercrombiekent.co.uk.

Under the California Consumer Privacy Act (“CCPA”), a “sale” of personal information may occur when personal information is transferred to a third party for any form consideration. The use of certain cookies may be viewed as a “sale” under the CCPA. As described in our Privacy Policy, California residents can request to opt-out of the sale of their personal information to a third party.

To submit a request to opt-out of the sale of personal information, please complete this form with your name, email, mailing address and request details.

Nevada Privacy Rights. Nevada law (NRS 603A.340) requires a business establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at datacompliance@abercrombiekent.co.uk.

7. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

In the event of our insolvency we, or any appointed insolvency practitioner, may disclose your personal information to the CAA, and/or ABTA so that they can assess the status of your booking and advise you on the appropriate course of action under any scheme of financial protection. The CAA’s General Privacy Notice is at https://www.caa.co.uk/Our-work/About-us/General-privacy-notice/ ABTA’s Privacy Notice is at https://www.abta.com/privacy-notice  

8. International transfers

We do transfer your personal data to different countries around the world to the suppliers fulfilling or providing your travel arrangements in order to satisfy our contract with you and for those suppliers to be able to provide you with the travel arrangements you have booked if you are travelling outside of your country of residence.

Whenever we transfer your personal data, we ensure a similar or more extensive degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where we use certain service providers, we may use specific contracts which give personal data the same protection, or an increased amount of protection as it has in your country of residence.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data to other countries.

9. Data security

We have put in place appropriate technical and operational security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

10. Data retention

How long will you use my 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.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us via the contact details for your country or region.

In addition to the above, by law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

11. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us via the contact details for your country or region.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. You may be required to show your identification at the relevant A&K office.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

12. Glossary

LAWFUL BASIS

• Legitimate Interest - means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us via the contact details for your country or region.
• Performance of Contract - means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
• Comply with a legal or regulatory obligation - means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

• Internal Third Parties - Other companies in the A&K Group acting as joint controllers or processors and who are based globally and provide travel related services, IT and system administration, Human Resources related services, finance and legal.
• External Third Parties

1. Service providers acting as processors based globally and providing travel related services.
2. Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, information technology service providers and insurers based globally who provide consultancy, banking, legal, insurance and accounting services.
3. Tax authorities, regulators and other authorities acting as processors or joint controllers based globally who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

• Request access - to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction - of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure - of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing - of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing - of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  1. if you want us to establish the data's accuracy;
  2. where our use of the data is unlawful but you do not want us to erase it;
  3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
  4. you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer - of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time - where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.