akdmc.com
Version Date: 15th May 2024
I. INTRODUCTION
II. HOW DATA IS COLLECTED
III. CATEGORIES OF GUEST PERSONAL DATA AND PURPOSE FOR PROCESSING
IV. THE LEGAL GROUNDS FOR PROCESSING GUEST PERSONAL DATA
V. DISCLOSURES OF GUEST PERSONAL DATA TO THIRD PARTIES
VI. DATA SUBJECT REQUESTS
VII. SECURITY & RETENTION
VIII. CHANGES TO THIS NOTICE
IX. QUESTIONS & CONCERNS
A&K Travel Group Ltd, along with its subsidiary companies listed below (collectively “A&K Travel,” “us,” “our,” or “we”) recognize the importance of protecting your privacy. This global privacy notice (“Notice”) describes how we collect, process, and share Guest Personal Data (defined below). This Notice also describes your rights and choices with respect to Guest Personal Data and other important information. You reached this Notice by clicking on the privacy notice link when you visited one of our group websites, however, this Notice applies to the activities across all the A&K Travel companies. Please carefully review this Notice.
A&K Travel Group Ltd is a company incorporated under the laws of the Bahamas. A&K Travel’s subsidiary companies include but are not limited to the following: AK Group Ltd, A&K Corp. Ltd, Abercrombie & Kent Global Travel Limited, Abercrombie & Kent Ltd, Abercrombie & Kent USA, LLC, Abercrombie & Kent (Australia) Pty Ltd, Crystal Cruises Holding Ltd, Crystal Cruises SAM, Crystal Cruises USA, LLC, Crystal Cruises Pty Ltd, Crystal Cruises Ltd, Crystal Cruises UK Ltd, Cox & Kings (a brand name of Abercrombie & Kent Ltd) and Situr Inc. and Divencounters Inc. (each trading as Ecoventura).
A&K Travel may act as either a controller, a processor or both, depending on the circumstances, with respect to the collection, use, and other processing of personal identifying information which can be used to identify, directly or indirectly, or locate guests (“Guest Personal Data”) in connection with the guest relationship, as described in more detail in this Notice.
We have appointed a Data Protection Officer who is responsible for overseeing questions in relation to this 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
Please see below the relevant contact details of the Data Controller for your country or region. If you are uncertain or 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: privacy@abercrombiekent.com
Postal address: St George's House, Ambrose Street, Cheltenham, GL50 3LG.
Data Protection Officer
Legal entity: VeraSafe, LLC
Telephone: +1 (617) 398-7067
Email address: experts@verasafe.com
Postal address: 100 M Street S.E., Suite 600, Washington, D.C. 20003, USA
Web: https://www.verasafe.com/about-verasafe/contact-us/
European Union
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.
This Notice is written in the English language. We do not guarantee the accuracy of any translated versions of this Notice. To the extent any translated versions of this Notice conflict with the English language version, the English language version of this Notice shall control.
Information you provide to us
A&K Travel will collect personal data from you when you interact with any of the A&K Travel websites, contact any of its subsidiary companies’ reservations departments, use our services, or purchase our products.
Information collected automatically
We collect Guest Personal Data about or generated by any device you have used to access the websites of subsidiary companies, or when you use Wi-Fi while traveling with A&K Travel. Such collected data could include contact details (such as email address) and previous purchase history or interests. When you use our websites, we also collect certain information about you automatically through our use of cookies and similar technologies. Please see below for our Cookie Notice.
Information we obtain indirectly
We receive Guest Personal Data about you from our third-party affiliates or partners and from marketing companies that provide us with such information as a part of their relationship with us. We receive Guest Personal Data from third party travel agents who transfer Guest Personal Data to us when you purchase products or services from them in connection with services that we provide, and other service providers performing services on our behalf. We may receive Guest Personal Data from ad networks, behavioral advertising vendors, market research, and social media companies or similar companies that provide us with additional Guest Personal Data. We may also receive Guest Personal Data from Facebook and other social media companies who may transfer Guest Personal Data to us when you register for one of our services or interact with that social media company on or in connection with our services or the purchase of our products.
We may combine this with data that we already have collected about you.
Minors Privacy
A&K Travel feels strongly about protecting the privacy of children. A&K Travel’s websites are not targeted for use by minors under the age of 18 (“minors”). A&K Travel does not knowingly collect personal information from minors in connection with the features of our websites without the consent of a parent or guardian. A&K Travel requests that all minors who may visit its websites not disclose or provide any personal data. Minors may not access those sections of the websites that require registration. Upon notification that a minor has provided us with personally identifiable information, we will delete the minor’s personally identifiable information from our records. If you believe we might have any information from a child, please email us at privacy@abercrombiekent.com.
a. A&K Travel collects and processes the following categories of Guest Personal Data, for the purposes specified below when you make an inquiry or purchase a service or product:
The type of Guest Personal Data collected by A&K Travel may vary from country to country, and in some countries A&K Travel might not collect all of the categories of Guest Personal Data listed above.
A&K Travel is committed to only collecting and processing the minimum amount of data from you that is necessary to the purposes of our data processing activities, and to retain such data only if required to fulfil such purposes. Where applicable, if A&K Travel intends to further process the personal data for a purpose other than that for which the personal data was initially collected, A&K Travel shall, prior to such processing, provide you with any relevant information on such additional purpose, and, to the extent required by applicable law, obtain your consent for this.
b. While traveling with A&K Travel subsidiary companies:
A&K Travel processes Guest Personal Data when you interact with us offline. Additionally, when you use electronic or RFID technologies, or use on-premise digital services, we may collect browsing information including but not limited to, search history, server logs, application logs, browsing data, first party cookies, third party cookies, pixel tags and clear gifs. In addition, we may process this data in combination with other data that we collect and/or create as necessary in connection with certain legitimate business interests in (i) verifying your identity for authentication and security purposes; and (ii) to prevent fraud.
Closed Circuit Television (CCTV)
We may operate CCTV or security cameras on properties operated or owned by A&K Travel subsidiary companies. In connection with these systems, we may collect and/or create Guest Personal Data as necessary in connection with certain legitimate business interests, such as (i) ensuring the safety and security of guests and employees; (ii) recording and investigating health and safety incidents; (iii) keeping track of guests and employees for safety and commercial purposes; and (iv) creating aggregate data.
When you use our digital services, we may collect and process device and network data. We use this data as necessary to fulfil guests’ requests. We may also collect and process data that we collect, create, and/or receive (including through the use of cookies and similar technologies). We typically use this data as necessary in connection with certain legitimate business interests, such as ensuring the security of our websites and other technology systems.
We and certain third parties process Guest Personal Data we hold for certain purposes including but not limited to distribute marketing communications and to create marketing profiles, in connection with online advertising, including targeted advertising, data sales, personalization and guest profiles.
In order to understand our guests’ preferences, and better recommend bespoke products and services we may create a “Guest Profile” by linking together and analyzing Guest Personal Data collected in the following circumstances: (i) when you purchase our products and services; (ii) when you travel with companies owned or operated by A&K Travel and its subsidiary companies; (iii) when you use our digital services; (iv) through cookies and other tracking technologies; (v) when you contact us or submit information to us; and (vi) through feedback and surveys.
Special Category 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:
You are not under any obligation to consent to us processing or disclosing your sensitive information in the manner described above and in our Notice. 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.
In most instances, we process your personal data under the legitimate interests of providing you products and services. In other instances, we obtain your consent to process your personal data where we are required to do so by applicable law – for example, where the personal data we are collecting from you is special category personal data and we are not lawfully permitted to process your personal data on any other legal grounds. Where we rely on your consent for processing your personal data, you may withdraw your consent at any time, by contacting us at privacy@abercrombiekent.com. Please note, however, that withdrawing your consent will not affect the lawfulness of processing based on the consent you gave prior to withdrawal. For direct marketing, we rely on our legitimate interests when applicable law does not require your consent.
Where we process your personal data for direct marketing purposes, we will log your objection to and stop such processing of your data, and we will not contact you again for marketing purposes if requested. You may object to such direct marketing by clicking the unsubscribe link in each such direct marketing message or contacting us at privacy@abercrombiekent.com or by using the contact details below.
While we always want you to be aware of how we are using your personal information, this does not necessarily mean in every instance that we are required to ask for your consent before we can use it. There may be instances where we process your personal data for our legitimate interests (furthering our business relationship with you) or on the basis of other lawful grounds (e.g., because we have established a relationship with you and need to process your personal data in order to provide you with the information and/or services you have requested), without having obtained your consent. We do not seek your consent in such cases largely so that we can provide you with services in an efficient way (or where in some cases it might not be possible for us to seek your consent because we must process personal data, for example, for the detection of fraud). Before processing your personal data, we will consider your rights and freedoms and will only commence such processing where we do not think your rights will be infringed.
Except as otherwise provided in this Notice, only a limited number of individuals within A&K Travel’s legal, finance, IT, accounting and customer care departments, as well as certain managers (i.e., only persons with assigned responsibility or managerial responsibility for a guest or groups of guests) will receive access to Guest Personal Data when necessary in connection with their job responsibilities.
If you provide A&K Travel with personal data about members of your family and/or other dependents (e.g., for emergency contact or benefits administration purposes or as fellow travellers on a trip), it is your responsibility to inform them of their rights relating to the processing of their personal data for these purposes. You are also responsible for obtaining the explicit consent of these individuals (unless you are authorized to provide such consent on their behalf) to the processing (including disclosure and transfer) of that personal data for the purposes set out in this Notice.
Disclosures to third parties
We do not sell your personal data to third parties for their own marketing purposes. We may share or disclose your personal data as follows:
Transfers out of the UK, the EEA and Switzerland
Some service providers and other recipients may be located in countries outside of the United Kingdom, the European Economic Area (EEA) or Switzerland; the data protection laws in such countries may not provide a level of protection to Guest Personal Data equivalent to that provided by a guest’s home country.
Wherever such a transfer is made, A&K Travel will (i) exercise appropriate due diligence in the selection of such third party service providers, (ii) ensure that Guest Personal Data is adequately protected via appropriate contractual measures (which shall include the European Commission Model Clauses where Guest Personal Data is transferred out of the EEA and the international data transfer agreement or the international data transfer addendum to the European Commission’s standard contractual clauses for international data transfers where Guest Personal Data is transferred out of the UK), and (iii) place such third party service providers under such contractual obligations as are required under applicable law (including that Guest Personal Data be processed only as instructed by A&K Travel and for no other purposes than those identified in this Notice where the party is our processor).
A&K Travel may also disclose Guest Personal Data to governmental agencies and regulators (e.g., tax authorities), external advisors (e.g., lawyers, accountants, and auditors), courts and other tribunals, and government authorities or in the context of any sale or transaction involving all or a portion of the business, all to the extent required or permitted by applicable legal obligations.
Location of data processing and security measures
If you choose to provide us with your personal data, you understand that we are transferring it to A&K Travel’s locations and systems in the United States or to the locations and systems of A&K Travel’s service providers around the world. A&K Travel has safeguards and security controls in place to protect your personal data. This includes appropriate technical and organizational measures to protect the personal data (i) from accidental or unlawful destruction, and (ii) loss, alteration, unauthorized disclosure of, or access to the data. A&K Travel obtains written assurances from any third-party data processors given access to your data so as to require them to adopt standards that ensure an adequate level of protection for data.
Social Media Websites / Interactive Services
If you engage in any interaction with us or other end-users or any third-party on any social media websites on which we have a page/account (e.g., Facebook®, Instagram®, Pinterest®, Twitter® and YouTube®) or any interactive features on our websites (e.g., comments sections, customer ratings), you should be aware that: (a) the personal data that you submit by and through such social media websites or interactive features, as applicable, can be read, collected and/or used by other users of these social media websites (depending on your privacy settings associated with your accounts with the applicable social media website) or our interactive features, and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where we respond to any interaction on such social media websites, your account name/handle may be viewable by any and all members/users of our social media accounts. We are not responsible for the personal data that you choose to submit on any social media websites or interactive features on our websites. The social media websites operate independently from us, and we are not responsible for their interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of those social media websites with which you interact to help you understand their privacy practices. If you have questions about the security and privacy settings of such social media websites, please refer to their applicable privacy notices or policies.
Third Party Websites
Our websites may contain links to third-party owned and/or operated websites including, without limitation, the social media websites described above. We are not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and we have no responsibility or liability relating to them.
You can contact us directly any time at the address below to update your personal data or make of the following requests regarding the data you know or believe A&K Travel holds about you:
(1) Access to your Guest Personal Data
You may contact A&K Travel at any time in order to request access to the personal data we hold about you. A&K Travel will provide details of the categories of personal data processed and the reasons for our processing. A&K Travel can also provide you with a copy of your personal data on request.
(2) Rectification or Erasure of your Guest Personal Data
If you notify us, or we otherwise become aware, that the personal data we hold is inaccurate, we will not use it, and will not allow others to use it, until it is verified. You can ask A&K Travel to correct or complete our record of your personal data by contacting us at any time. To the extent possible, we will inform anyone who has received your personal data of any corrections.
You may, in certain limited circumstances where the processing is not necessary in the context of any services we provide to you, ask to have the personal data A&K Travel directly or indirectly processes deleted or removed. If the request is founded, we will try to do so promptly, and, to the extent possible, will inform anyone who has received your personal data of your request.
(3) Restriction of Processing
It may be possible to require A&K Travel to limit the way in which it processes your personal data (i.e., require A&K Travel to continue to store your personal data, but cease certain processing activities with regard to it) where (i) you contest the accuracy of the personal data we have for you, (ii) you believe our processing of your personal data is unlawful (but you oppose the erasure of your personal data and prefer that our processing be restricted instead), (iii) we no longer need your personal data but you require such personal data for the establishment, exercise or defense of legal claims or (iv) you have objected to our processing pending the verification of our legitimate grounds for processing.
(4) Halting of Processing based on an objection
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you. If A&K Travel can show sufficiently compelling legitimate grounds for processing your personal data, or A&K Travel needs your data to establish, exercise or defend legal claims, A&K Travel may continue to process it. Otherwise, A&K Travel will stop using your personal data. Where we process your personal data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection.
(5) Personal data portability – The ability to move Guest Personal Data to another controller
You have the right to data portability in certain limited circumstances, where a) you provided the data to A&K Travel, b) our processing is based on your consent or is necessary to fulfil a contract with you, and c) our processing is automated. A&K Travel may refuse your request if these criteria are not met.
(6) To withdraw your consent to A&K Travel’s Processing of your Guest Personal Data
Where we have relied on your consent as the legal grounds for processing, you may withdraw your consent at any time. Withdrawal does not invalidate the consent-based processing that occurred prior to withdrawal.
(7) To complain
You may contact us at any time where you believe that we are in breach of data protection laws or where you wish to make a complaint about our data processing. Furthermore, if you are located in the UK or EEA and you believe that our processing of your personal data is in breach of data protection laws, you have the right to lodge a complaint with the relevant data protection supervisory authority in the country where you are based or any place in the UK or EEA where you believe the infringement has occurred (or where you believe that we have not resolved an issue you have raised with us).
Responding to your requests
A&K Travel shall provide you with a response to any request you make in connection with your rights without undue delay and in any event within one month of receipt of the request. That period may be extended by up to two additional months where necessary, taking into account the complexity and number of the requests. A&K Travel shall inform you of any such extension within one month of receipt of the request, together with the reasons for the delay. Where you make the request by electronic means, the data shall be provided by electronic means where possible, unless otherwise requested by you.
If, after evaluating the legitimacy of the request, A&K Travel does not take action on the request, A&K Travel shall inform the data subject without delay, and at the latest within one month of receipt of the request, of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.
Special Notice for California Residents
In compliance with California law, we provide California residents with certain information upon request (“Consumer Request”). This Notice outlines how California residents can request the information and what you can receive.
If you would like to submit a Consumer Request, you can contact us at privacy@abercrombiekent.com. If you choose to submit a Consumer Request you must provide us with enough information to identify you and enough specificity on the requested data. A&K Travel will only use the information it receives to respond to your request. A&K Travel will not be able to disclose information if it cannot verify that the person making the Consumer Request is the person about whom we collected information, or someone authorized to act on such person’s behalf.
A&K Travel may not, and will not, treat you differently because of your Consumer Request activity. As a result of your Consumer Request activity, we may not and will not deny goods or services to you; charge different rates for goods or services; provide a different level quality of goods or services; or suggest any of the preceding will occur. However, we can and may charge you a different rate, or provide a different level of quality, if the difference is reasonably related to the value provided by your personal information.
Special Notice for Nevada Residents
A&K Travel does not sell, rent, or lease your personally identifiable information to third parties. However, if you are a resident of Nevada and would like to submit a request not to sell your personally identifiable information, you may do so by emailing us at privacy@abercrombiekent.com.
A&K Travel maintains technical and organizational security measures to protect against unauthorized or unlawful processing of Guest Personal Data and accidental or unlawful loss, alteration, disclosure, destruction or damage of, or access to, Guest Personal Data.
Please be advised, however, that while we take reasonable security measures to protect your data, such measures cannot be guaranteed to be 100% secure.
A&K Travel will retain Guest Personal Data no longer than is necessary to carry out the purposes listed in this Notice and/or as required by applicable law or in connection with actual or prospective legal proceedings or in accordance with 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 unauthorized use or disclosure of your personal data, the purposes for which we process your Guest 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 sending an email to the relevant data compliance email address for your region, available above.
In addition to the above, by law we have to keep basic information about our guests (including contact information, identity, financial and transaction data) for seven years after they cease being guests for tax purposes.
In some circumstances we may anonymize 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.
We reserve the right to change, modify, add or remove portions of this statement from time to time and at our sole discretion, but will alert you that changes have been made either by email or other indication on our websites. We will always include on this Notice the date of its effectiveness (see Effective Date above). Where required to do so by law, A&K Travel may need to re-obtain your consent for certain processing activities for material changes to this Notice or our data processing activities.
Guests who have questions, comments or access requests related to the transfer of their Guest Personal Data to the United States can also contact the Global Privacy Team at: privacy@abercrombiekent.com
A&K TRAVEL ONLINE COOKIE NOTICE
A&K Travel Group Ltd, along with its subsidiary companies listed below (collectively “A&K Travel,” “us,” “our,” or “we”) and our third-party providers set and use cookies and similar technologies in order to distinguish you from other users of our websites, to provide a better experience when you browse our websites, and to improve the websites’ performance and usefulness. The use of cookies and similar technologies is standard across websites and applications through which information is collected about your online activities.
A cookie is a small data file that websites place on your hard drive when you visit. A cookie file can contain information such as a user ID that tracks the pages you’ve visited within that site. The cookies on our websites are primarily used to recognize that a user has visited the website previously and to track user traffic patterns. In addition, we use cookies to present relevant content and establish customer profiles. We do not share this information or sell it to any third party.
Types of Cookies We Use
Following is a list of cookies with brief descriptions, to better inform our users why we use cookies on our websites. For your convenience, we have split them into three categories.
Strictly Necessary Cookies: These are essential to navigate around our website sand use its features. Without them, you would not be able to use basic services like account registration. These cookies do not collect information about you that could be used for marketing or tracking.
Functionality Cookies: These are used to recognize you when you return to our websites, enabling us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Tracking Cookies: These cookies enable us to collect information such as number of visitors to the websites and pages visited in order to analyze user behaviour. This information is collected in an anonymous format and will be collated with similar information received from other users. We use these cookies to determine the usefulness of the information we supply to you and other users, to track your purchases from our websites, and to see how effective our navigation is in helping users reach that information.
Managing Cookies
If you prefer not to receive cookies through our websites, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You also can refuse all cookies by turning them off in your browser. You do not need to have cookies turned on to use any pages within our websites. However, if you chose to not accept cookies, some functionality will be limited. For more information about cookies, including how to set your browser to reject cookies, visit www.allaboutcookies.org.
Cookie Expiration
Some of the cookies we use will remain on your computer after the browser is closed. Until removed, the cookies will become active again when the website is reopened. Cookies can be deleted by you, at any time, and will not collect any information when you are not accessing our websites.
Other Tracking Technologies
In addition to cookies, our websites also utilize the following tracking technologies:
Changes to this Notice
If we make any material change to this Notice, we will post the revised Notice to this web page. We will also update the “Last updated on” date. By continuing to use our services after we post any of these changes, you accept the modified Notice.
Global Privacy Notice
A&K Travel Group Ltd
Last updated on: May 15, 2024