We are firmly committed to protecting the privacy and confidentiality of personal information and maintain various physical, electronic and procedural safeguards to protect personal information in our care. We are bound by, and will comply with, the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth) (Act) and to the extent applicable, the European Union (EU) General Data Protection Regulation (GDPR), where we collect, use or disclose personal data relating to identifiable UK or EU residents.
By providing personal information to us (or allowing another person to do so on your behalf, where permitted), you agree that this Policy will apply to how we handle your personal information and you consent to us collecting, using and disclosing your personal information as detailed in this Policy. If you do not agree with any part of this Policy, you must not provide your personal information to us, or authorise others to do so, and this may affect the services we can provide to you.
In this Policy, where we say “disclose”, this includes to transfer, share, send, or otherwise make available or accessible your personal information to another person or entity.
WHAT IS PERSONAL INFORMATION?
We consider personal information to be any information which relates to a natural person/individual who can be identified from that information, or from that information and other information in a person’s possession, including any expression of opinion, whether true or not, and whether recorded in material form or not, about an identified or reasonably identifiable individual, and any indication of intention in respect of an individual.
HOW DO WE COLLECT PERSONAL INFORMATION?
Where practical, we will collect personal information directly from you. Generally, this collection will occur when you deal with us either in person, by telephone, letter, facsimile, email or when you visit our websites or websites of our clients and partners. We may collect personal information about you when you purchase, book or make enquires about travel arrangements or other products and services, when you enter competitions (either our own or competitions of third party clients or partners), when you register for promotions, when you subscribe to receive marketing from us (e.g. e-newsletters) or when you request brochures or other information from us. We may also collect your personal information when you complete surveys or provide us with feedback. We only collect information by lawful and fair means and not in an unreasonably intrusive way.
In some circumstances, it may be necessary for us to collect personal information about you from a third party, where permitted by the APPs and, where applicable, the GDPR. This includes where a person makes a travel booking on your behalf, which includes travel arrangements to be used by you (e.g. a family or group booking) or from our clients and companies we work with, where you enter and win a promotion or offer they conduct. Where this occurs, your personal information will only be used for the relevant purpose it was collected for (e.g. to make a booking for a holiday) and we will handle it in accordance with this Policy. You should let us know immediately if you become aware that your personal information has been provided to us by another person without your consent.
You are not obliged to provide your personal information; however, the consequences of a failure to provide your information could result in you being unable to use our products, services or participate in our programs to the full extent.
WHAT PERSONAL INFORMATION DO WE COLLECT?
Generally, the type of personal information we collect about you is the information that is needed to facilitate your travel arrangements and bookings and to arrange travel-related services and products on your behalf. For example, we may collect details such as your name, residential address, mailing address, telephone number, email address, credit/debit card details (including card type, card number, security number and expiry date), personal bank account details, passport details, frequent flyer details, information about your dietary requirements and health issues (if any), and other details relevant to your travel arrangements or required by the relevant travel service providers (e.g. airlines, accommodation or tour providers). When you make contact with us and provide your information for other purposes, we may also collect personal information about you in relation to those purposes. For example, we may collect your personal information so we can contact you about a competition you have entered, either our own or a competition of one of our partners or clients (e.g. if you win) or to respond to an enquiry or feedback form you have sent to us or we might send you emails with information about our products and services where you have signed up to receive them. We also collect information that is required for use in the business activities of 33 Degrees and our related entities, including for example, financial details necessary in order to process various transactions, and any other relevant personal information you may elect to provide to us. We may also collect your name, email address, residential address and mobile number details and your views regarding particular topics if you elect to complete any of our or our clients or partners surveys.
WHEN WE ACT AS AGENT
We act as agent for or on behalf of many thousands of travel service providers, so it is not possible for us to set out in this Policy all of the travel service providers for whom we act nor exactly how each of these travel service providers will use your personal information. If you wish to contact us for further information, please refer to the “Feedback / Complaints / Contact” section below. Further, we can provide you with the details of the relevant service providers who we will use for your booking or service before or at the time of booking on request; it is then your responsibility to check the privacy policies of any such providers.
HOW DO WE USE PERSONAL INFORMATION?
Where you contact us in relation to a travel booking or query, the primary purpose for which we collect your personal information is generally to provide you with travel advice and/or to assist you with booking travel and/or travel related products and services. However, the purpose for collection may differ depending on the particular circumstances as disclosed in this Policy and/or at the time of collection, as required under the APPs, and where applicable, the GDPR.
By providing us, consenting to others to provide us, or otherwise allowing us to collect, your personal information, you consent to us using and disclosing your personal information for the purposes for which it was collected, and for related or ancillary purposes, or as provided for in our contract with you, or where it is in our legitimate interests or with your consent. This may include any one or more of the following purposes:
· to organise booking and travel services;
· to organise fulfillment of a prize you may have won as part of a competition (either our own or a competition of one of our clients or partners);
· to respond to your questions or queries;
· identification of fraud or error;
· regulatory reporting and compliance;
· developing, improving and marketing our products and services and those of our related entities;
· servicing our relationship with you by, among other things, providing updates on promotions, competitions, offers, products and services we think may interest you;
· involving you in market research, gauging customer satisfaction and seeking feedback regarding our relationship with you;
· to analyse trends in sales and travel destinations;
· for marketing activities including but not limited to mail-outs, emails, e-newsletters, SMS notifications and telephone calls;
· internal accounting and administration; and
· other purposes as permitted or required by law (e.g. to prevent a threat to life, health or safety).
We will only send e-newsletters or other promotional materials to you if you have opted in to receive them and have not opted out of receiving them at any stage therefore. You can subscribe to receive e-newsletters and other promotional materials by following the relevant links on our websites, or at our discretion, via selected websites of our clients or partners.
For UK + EU residents: Unless you are already part of our database legitimately collected or obtained prior to the commencement of the GDPR and for which we have used your data to communicate with you in our legitimate interests or as part of our contract with you and you have not opted out of receiving marketing communications, we will obtain your consent to use your personal information for direct marketing activities. You can withdraw your consent or opt out from our direct marketing activity at any time. We do not use personal information to make automated decisions.
IS PERSONAL INFORMATION DISCLOSED TO THIRD PARTIES?
Yes, given the nature of our business, we must disclose personal information to third parties. Who the third parties are will depend on the circumstances and the reasons for which the personal information is collected.
You consent to the personal information about you which we collect or receive being processed, transferred and/or disclosed by us in the following circumstances and for our legitimate purposes:
· in each of the circumstances set out in the previous section “How do we use personal information?”;
· as permitted or required by law;
· to various regulatory bodies and law enforcement officials and agencies, including but not limited to protect against fraud and for related security purposes;
· to third party suppliers of IT based solutions that assist us in providing products and services to you. This includes but is not limited to file sharing service providers and cloud storage service providers;
· to our related entities and brands (including companies based overseas);
· to travel service providers such as travel wholesalers, tour operators, airlines, hotels, car rental companies and other service providers for the purpose for which the information was collected or for a related purpose (for example to facilitate and process your travel arrangements);
· to comply with our legal obligations and any applicable customs/immigration requirements relating to your travel;
· to comply with a request from a qualified government department if we are satisfied that they have the authority to make such request;
· where we suspect that unlawful activity has been or may be engaged in and the personal information is a necessary part of our investigation or reporting of the matter;
· to third parties, such as service providers, who may involve you in market research for the purpose of servicing our relationship with you and improving the services we provide;
· to third parties, such as our service providers, for the purpose of analysing trends in sales and travel destinations;
· to our clients or partners whose competition you may have entered (and won), for the purposes of verifying your details, compliance with any terms and conditions and fulfilling the prize;
· contractors we engage for particular purposes and our employees.
The third parties to whom we disclose your personal information may also be taken to have collected your personal information in their own right, for their internal use. For more information in relation to collection by travel service providers, see the heading above titled "When we act as agent".
Where we engage travel service providers to perform services for us, those travel service providers may be required to handle your personal information. Where we disclose your personal information to such travel service providers, to the maximum extent permitted by law, you agree that we will not be required to ensure their compliance with applicable privacy laws or otherwise be liable or accountable for how they handle your personal information.
Under no circumstances will we sell or license your personal information unless you have granted us consent via a specific promotion or via an opt in clause.
Other than the above, we will not disclose your personal information, unless we reasonably believe that disclosure is necessary to lessen or prevent a threat to life, health or safety or for certain action to be undertaken by an enforcement body (e.g. prevention, detection, investigation, prosecution or punishment of criminal offences), disclosure is authorised or required by law or disclosure is otherwise permitted by applicable privacy laws. This clause is subject to the requirements and limitions set out in the APPs, and where applicable, the GDPR.
Companies to whom personal information is disclosed which are registered in the United States may be required to provide information under the USA PATRIOT Act H.R. 3162.
TRANS-BORDER DATA FLOWS
When you provide, authorise others to provide, or otherwise allow us to collect, your personal information, you consent to your personal information being disclosed to certain recipients outside of Australia, as set out below.
Under the APPs:
Where we disclose your personal information to a recipient outside of Australia, you acknowledge that such overseas recipients may have different data protection laws to those in Australia, and you agree that we will not be required to ensure the overseas recipient’s compliance with Australian privacy laws or otherwise be liable or accountable for how the overseas recipient handles your personal information. If you have any objections to your personal information being disclosed to an overseas recipient, please let us know.
UK and EU residents:
Under the GDPR, personal information may be transferred outside of the EU in limited circumstances, including:
- to countries that provide an ‘adequate’ level of data protection
- where ‘standard data protection clauses’ or ‘binding corporate rules’ apply, as defined in the GDPR
- approved codes of conduct or certification in place: Chp V of GDPR.
We will only disclose personal information of EU and UK residents to entities outside of the EU in accordance with the above guidelines.
In providing our services to you, it may be necessary for us to disclose personal information to relevant overseas travel service providers. For instance, where you request travel to be booked with an overseas travel service provider, we will usually need to disclose your personal information to that provider for the purposes of arranging your booking with them. These travel service providers will in most cases receive your personal information in the country in which they will provide the services to you or in which their business is based.
We may also disclose your personal information to our overseas related entities and to travel service providers, agencies and other third parties who perform services for us overseas. Generally, we will only disclose your personal information to these overseas recipients in connection with facilitation of your travel booking and/or to enable the performance of administrative and technical services (including but not limited to storage services) by them on our behalf.
We deal with many different service providers all over the world, so it is not possible for us to set out in this Policy all of the different countries to which we may send your personal information. However, if you have any specific questions about where or to whom your personal information will be sent, please refer to the “Feedback / Complaints / Contact” section below.
STORAGE AND SECURITY OF INFORMATION
33 Degrees stores personal information on premises in physical form, and in electronic form on our servers and on servers of our third party service providers (including but not limited to cloud based servers).
33 Degrees has implemented various physical, electronic and managerial security procedures in order to protect personal information from loss and misuse, and from unauthorised access, modification, disclosure and interference.
We are only allowed to store your personal information for as long as necessary having regard to the purpose for which it was collected or a related or ancillary purpose. We may therefore delete your personal information after a reasonable period of time when it is no longer used or needed and, if you have not used our services for some time, you may have to re-enter or re-supply your personal information to us.
We securely destroy or permanently de-identify personal information if it is no longer needed for the purpose for which it was collected and within five years, except if the information is required to be retained under an Australian law, or a court / tribunal order.
For UK or EU residents, you have the additional right to request the erasure of your data (right to be forgotten).
YOUR RIGHTS, INCLUDING ACCESS TO AND CORRECTION OF PERSONAL INFORMATION
Subject to any exceptions set out in applicable privacy laws, we invite you to access any personal information we may hold about you. Where personal information we hold about you is not accurate, complete, up-to-date or relevant, you may ask us to correct that personal information, and we will respond to your request within a reasonable time. We reserve the right to confirm the identity of the person seeking access or correction to personal information before complying with such a request. If we deny access or correction, this will be done in accordance with the applicable law and we will provide you with the reason for such denial. If you wish to access or seek correction of any personal information we hold about you, please refer to the “Feedback / Complaints / Contact” section below.
You must always provide accurate information and you agree to update it whenever necessary. You also agree that, in the absence of any update, we can assume that the information submitted to us is correct.
If the GDPR applies, you have the following rights under the GDPR:
1.1.1. The right to access your personal data, including obtaining free of charge a copy of your personal data undergoing processing in a commonly available electronic format;
1.1.2. The right to amend or update your personal data where it is inaccurate or incomplete;
1.1.3. The right to information regarding the processing of your personal data and the right to object to your personal data being processed;
1.1.4. The right to your data being portable so that you can transfer it to another person or entity; and
1.1.5. The right to delete your personal data (right to be forgotten).
Should you no longer wish to receive e-newsletters or other promotional material, participate in market research or receive other types of communication from us, please refer to the “Feedback / Complaints / Contact” section below.
TRACKING TECHNOLOGIES / COOKIES
We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. When the visitor revisits a website, we may recognize the visitor by the cookie and customise the visitor's experience accordingly. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.
If you reject cookies, you may still have access to our website, but your ability to use some areas of our website, such as contests or surveys, will be limited.
Web Beacons / Gifs
We employ a software technology called clear gifs (a.k.a. Web Beacons), that help us better manage content on our websites by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to personal identifiable information that we hold.
3rd Party Tracking
FEEDBACK / COMPLAINTS / CONTACT
If you have any enquiries, comments or complaints about this Policy or our handling of your personal information, please contact your consultant or email us at firstname.lastname@example.org. We will respond to any complaints received as soon as practicable and within a reasonable time period. We take complaints seriously and will investigate them and take any action we deem necessary,in accordance with the APPs, and where applicable, the GDPR, to rectify a complaint.
Further information about the Australian Privacy Principals and your rights under Australian privacy law can be obtained from https://www.oaic.gov.au or under the GDPR, the local regulator in your jurisdiction in Europe, as applicable.
CHANGES TO OUR POLICY
From time to time it may be necessary for us to review and revise this Policy. We reserve the right to change our Policy at any time and for any reason. If we make a change to the Policy, the revised version will be posted on our website.
Last updated May 2018.