Email: [email protected]
Post: Underscar, Applethwaite, Keswick, Cumbria, CA12 4PH
You have the right to make a complaint at any time to the ICO (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Our website is not intended for children and other than in connection with a booking, we do not knowingly collect data relating to children.
2. Updates and links
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current, therefore please keep us informed of any changes to your personal data.
Our website may include links to and from third-party websites, plug-ins and applications. By clicking on these links or enabling connections you may be allowing third parties to collect or share your personal data. We have no control over these third-party websites, plug-ins or applications and are not responsible for their privacy policies, therefore you should also read their privacy policies to understand what personal data they collect about you and how they use it.
3. The data we collect
Part 1 of Schedule 1 lists the types of personal data that we may process. We will only collect special categories of personal data where this is provided by you or on your behalf and you or the person providing the information on your behalf have specifically requested that we process the same in order to ensure any specific requirements you have can be catered for, for example, if you require lift access/wheelchair access, have food allergies or other catering requirements.
We also collect, use and share aggregated data. However, if we combine aggregated data with your personal data so that it can directly or indirectly identify you, we treat this as personal data.
Failure to provide personal data
If we are required by law, or under the terms of a contract we have with you, to collect your personal data and you fail to provide it, we may not be able to enter into or perform the contract with you and, we may have to cancel your booking and/or our service to you. We will notify you of this at the relevant time.
4. How personal data is collected
We collect personal data in the following ways:
|Direct interactions||Personal data may be provided by you or on your behalf as part of our booking journey, or otherwise in connection with a booking by the lead passenger. You may also provide personal data (including identity, contact and financial data) when you complete online forms, send webchat messages, request products/services, create a user account, subscribe to our services, join our mailing lists or loyalty schemes, enter competitions or request promotional codes, take customer or client satisfaction surveys, provide feedback or otherwise or correspond with us (by post, phone or email)|
|Publicly available sources||We may collect personal data from publicly availably sources such as TripAdvisor, Trustpilot, Companies House and the Electoral Register and credit reference agencies, based inside the EU.|
|Third parties||We may receive personal data from: (a) analytics providers based outside the EU (such as Google); (b) advertising networks who may be based outside the EU (such as Facebook); and (c) search information providers such as Google based outside the EU; (d) our suppliers such as payment providers, delivery services, website support, maintenance providers and telemarketing companies; (e) data brokers or aggregators based inside the EEA; (f) third party booking platforms who may be based inside or outside of the EEA (such as AirBnB, Booking.com, etc.).|
5. How we use personal data
We will only use personal data when the law allows us to. Most commonly, we will use your personal data:
- to perform the contract we are to enter into or have entered into with you;
- to comply with a legal obligation; and
- where it is necessary to carry out our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Part 2 of Schedule 1 sets out the lawful basis we will rely on to process your personal data.
Please 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 information.
We strive to provide you with choices regarding how we process your personal data and how we communicate with you for marketing purposes. Where possible, we aim to give you the option to adjust your preferences for receiving personalised marketing and advertising from us or our third party affiliates. You can do this by visiting the preferences section on your account details or calling us or contacting us by any other means which we notify you of (please see section 1 above).
Promotional offers from us
We may analyse and use your personal data to form a view on what holiday units, services, offers or other things we think may be of interest to you.
You will receive marketing communications from us if you have requested information from us, booked a holiday with us or purchased services from us and you have not opted out of receiving that marketing or if we are otherwise able to market to you under existing marketing and data protection laws.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. However, we may share your personal data with our own third party affiliates who carry out marketing services on our behalf (for example, organisations which we use to send e-mails to our customers or clients), where we have the right to do so
How to opt out
You can ask us or third parties to stop sending you marketing messages (whether electronic, telephone or postal marketing) at any time by following the opt-out links on any marketing message sent to you at any time, by logging into your account on our website (where you have an account with us) to manage your marketing preferences or by contacting us and asking us to stop sending the messages (as appropriate).
Even if you opt out of receiving marketing, we may still use your personal data for other purposes provided we have a lawful basis to do so, for example in connection with your holiday or the letting of your unit of residential accommodation within the Time Ownership Area.
Change of purpose
We will only use your personal data for the purpose that we originally collected it for, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
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 use your personal data in this manner.
We may process your personal data (without your knowledge or consent) where this is required or permitted by law.
6. Disclosure of your personal data
We may have to share your personal data with Third Parties set out in Part 4 of Schedule 1. We require all Third Parties to respect the security of your personal data and to treat it in accordance with the law. Such Third Parties can only process your personal data for specified purposes and in accordance with our instructions.
7. International transfers
We share your personal data within Underscar. This will not involve transferring your data outside the European Economic Area (EEA).
We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data.
Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar 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 by the European Commission;
- we use specific contracts approved by the European Commission which give personal data the same protection it has in Europe with our services providers;
- we may transfer data to US based service providers under the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
8. Data security
We operate appropriate security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Access to your personal data is restricted to individuals who have a business and need to know it, are under confidentiality obligations and can only process it on our instructions.
We also have procedures in place 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.
9. Data retention
We may update our data retention practices from time to time. Please contact us if you require further details of this. We are required to keep basic information about our customers and clients (including contact, identity, financial and transaction data) for six years after the end of the tax year in which they cease being customers or clients, for tax purposes.
We may also anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes. Anonymised data may be used indefinitely without further notice to you.
We will process your financial data such as credit card details for the purpose of processing payments, however we do not retain any credit card details once the payment has been accepted.
10. Your legal rights
Your legal rights in relation to your personal data are set out in Part 3 of Schedule 1. If you wish to exercise any of your rights, please contact our DPO.
You will not have to pay a fee to exercise any of your rights, unless your request is unfounded, repetitive or excessive. Where this is the case, we may charge a reasonable fee for information or refuse to comply with your request.
We may ask you to provide further information to help us confirm your identity. This is a security measure to ensure that personal data is not disclosed to any person who does not have the right to receive it.
We aim to respond to requests within one four weeks. If your request is particularly complex or you have made a number of requests it may take us longer to respond and in this case, we will notify you and keep you updated.
Part 1 – Types of personal data
|Contact data||Billing address, delivery address, unit of residential accommodation within the Time Ownership Area address, email address and telephone numbers.|
|Financial data||Bank account and payment card details.|
|Identity data||First name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender and photographs (where we hold photographs of your property and you are in that photograph).|
|Marketing and communication data||Your preferences in receiving marketing from us and our third parties and your communication preferences.|
|Profile data||Your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.|
|Usage data||Information about how you use our website, products and services including your browsing actions and patterns on our website (which helps us to improve our website and personalise marketing).|
|Technical data||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 our website.|
|Transaction data||Details about payments to and from you and other details of products and services you have purchased from us.|
Part 2 – Lawful basis for processing and processing activities
The lawful basis upon which we may rely to process your personal data are:
|Consent||You have given your express consent for us to process your personal data for a specific purpose.|
|Contract||The processing is necessary for us to perform our contractual obligations with you under our contract, or because you have asked us to take specific steps before entering into a contract with you.|
|Legal obligation||The processing is necessary for us to comply with legal or regulatory obligation.|
|Legitimate interests||The processing is necessary for our or a third party’s legitimate interest e.g. in order for us to provide the best service to you via our website. Before we process your personal data on this basis we make sure we consider and balance any potential impact on you, and we will not use your personal data on this basis where such impact outweighs our interest.|
Set out below are specific details of the processing activities we undertake with your personal data and the lawful basis for doing this.
|Purpose/Activity||Type of data||Lawful basis for processing|
|To register you as a new customer/client or to register your account on our website.||Identity, contact & profile.||
|To process manage and deliver your holiday booking or lettings, travel arrangements and insurance and to manage payments, collections, fees and charges and debt recovery.||Identity, contact, financial, transaction, profile and marketing & communications||
|To enable you to partake in our loyalty scheme, prize draws, competitions, receive promotional codes or complete customer/client satisfaction surveys.||Identity, contact, profile, usage & marketing & communications||
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).||Identity, contact & technical||
|To deliver relevant website content/advertisements (including personalised brochures and marketing materials) to you and to measure or understand the effectiveness of our advertising.||Identity, contact, profile, usage, marketing & communications and technical.||
|To use data analytics to improve our website, holiday offerings, services, marketing, and customer and client relationships and experiences.||Technical & usage||
|To make suggestions and recommendations to you about holidays, properties or services that may be of interest to you, including promotional offers.||Identity, contact, technical, usage & profile||
|To analyse whether you may still be interested in our products and services if you have not visited our website in a while.||Contact and usage||
Part 3 – Your legal rights
You have the following legal rights in relation to your personal data:
|Access your data||You can ask for access to and a copy of your personal data and can check we are lawfully processing it.|
|Correction||You can ask us to correct any incomplete or inaccurate personal data we hold about you.|
You can ask us to delete or remove your personal data where:
(a) there is no good reason for us continuing to process it;
(b) you have successfully exercised your right to object (see below);
(c) we may have processed your information unlawfully; or
(d) we are required to erase your personal data to comply with local law.
We may not always be able to comply with your request for specific legal reasons, which will be notified to you at the time of your request
You can object to the processing of your personal data where:
(a) where we are relying on our legitimate interest (or those of a third party) as the basis for processing your personal data, if you feel it impacts on your fundamental rights and freedoms;
(b) 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 and in such circumstances, we can continue to process your persona data for such purposes.
You can ask us to us to suspend or restrict the processing of your personal data, if:
(a) you want us to establish the accuracy of your personal data;
(b) our use of your personal data is unlawful, but you do not want us to erase it;
(c) you need us to hold your personal data (where we no longer require it) as you need it to establish, exercise or defend legal claims; or
(d) you have objected to our use of your personal data, but we need to verify whether we have overriding legitimate grounds to use it.
|Request a transfer||You can request a transfer of your personal data which is held in an automated manner and which you provided your consent for us to process such personal data or which we need to process to perform our contact with you, to you or a third party. We will provide your personal data in a structured, commonly used, machine-readable format.|
|Withdraw your consent||You can withdraw your consent at any time (where we are relying on consent to process your personal data). This does not affect the lawfulness of any processing carried out before you withdraw your consent.|
Part 4 – Third Parties
|Service providers||Acting as processors who provide IT, system administration services, website hosting and support, marketing services and other services (who may be based inside or outside of the EU).|
|Professional advisors||Acting as processors or controllers including lawyers, bankers, auditors and insurers based in the United Kingdom or Republic of Ireland who provide consultancy, banking, legal, insurance and accounting services. .|
|HM Revenue & Customs, regulators and other authorities||Acting as processors or controllers based in the United Kingdom or the Republic of Ireland who require reporting of processing activities in certain circumstances.|
|Third party service providers||
|Owners||We will share your personal data with Owners who have a need to know for the purpose of the booking. If you provide feedback on a property, we may also share this with the owner of the property which may include disclosing your personal data.|
Part 5 – Glossary
|Aggregated data||information such as statistical or demographic data which may be derived from personal data, but which cannot by itself identify a data subject.|
|Controller||a body that determines the purposes and means of processing personal data.|
|Data subject||an individual living person identified by personal data (which will generally be you).|
|Personal data||information identifying a data subject from that data alone or with other data we may hold but it does not include anonymised or aggregated data.|
|Processor||a body that is responsible for processing personal data on behalf of a controller.|
|Special categories of personal data||information about race, ethnicity political opinions, religious or philosophical beliefs, trade union membership, health, genetic, biometric data, sex life, sexual orientation.|
|ICO||Information Commissioner’s Office, the UK supervisory authority for data protection issues.|