Terms and Conditions
1. The Contract
1.1 When you make a booking you confirm that you have the authority to accept and do accept on behalf of your party the terms and conditions set out below. A contract will exist as soon as we issue our confirmation invoice. You must check this confirmation carefully and raise any queries immediately upon receipt. Your contract is made on the terms of these booking conditions which are governed by English law and any claim or dispute will be subject to the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and wish to do so.
1.2 All holiday arrangements are subject to availability at the time of booking. No contract shall be made until the deposit (or full price, depending on the date of travel) has been paid, whether or not a booking confirmation has been issued. If the deposit and/or balance is not paid in time, we reserve the right to cancel your holiday and/or retain your deposit.
1.3 A booking can only be made by a person aged 18 years or over. All passengers who, at the time of departure, are under the age of 18 years must be accompanied by a responsible adult.
2. The Price
2.1 We will inform you of the up to date price of your selected holiday at the time of booking. You will then sign a booking form and pay a deposit of around 20% per person or any higher deposit which may apply to your particular holiday. You will be informed of the total deposit payable at the time of booking. For bookings where special flight prices have been procured and those flights need ticketing immediately in order to secure the price/ seats then this amount will be payable in addition to the 20%.
2.2 We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday balance is paid. We will advise you of any error of which we are aware and then of any applicable price increase. If the new price is unacceptable, then we will offer a full refund, regardless of any monies already paid by us to hotels and airlines. After invoice, both parties have a cooling off period of 48 hours with which to advise of any changes or queries either party may have.
2.3 Our prices are correct at the time of quotation based on the Financial Times exchange rate on the day. Should the rate of exchange fluctuate by more than 10% between the time of quotation and the date of travel, we reserve the right to adjust the prices accordingly. The prices given are based on current levels of Government taxation and VAT stipulations. Should these change, we may need to adjust quotations given however we will not make any such adjustments once full payment has been received.
2.4 A flight that is described as direct is one where there is no need to change aircraft during the journey. However, stops may be made en route for re-fuelling or to let passengers on/off if necessary. Details of any stops will be provided on your itinerary.
3. Special Requests And Mobility Disability Restrictions
3.1 If you have any mobility restriction or other disability, health problems or food allergies which may require special treatment or assistance at any time during your holiday, you must advise us at the time of booking. Whilst we will make every effort to accommodate you, we regret that we cannot guarantee to be able to meet any particular special request unless we have specifically confirmed this in writing. If we reasonably feel that we are unable to accommodate the needs of any client who has particular health requirements, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details and apply cancellation charges as described in Clause 7 of these conditions.
3.2 Special requests such as room location, flight seating, particular facilities, dietary requirements etc. must be made at the time of booking. We will pass on your request to the hotel or airline but cannot guarantee that it will be accommodated. We will also pass on any dietary requests to airlines but we recommend that you check directly with the airline upon the issuing of your tickets.
4.1 A deposit of 20% of the total value of the holiday will be taken at the booking stage plus any advance payments that need to be made to airlines, hotels, etc. The balance of payment for your holiday is due a minimum of 10 weeks prior to your departure date from the UK. In the event that your booking is made less than 10 weeks prior to arrival, we will require full payment at the time of booking. On occasion, a deposit or earlier payment may be required for certain accommodation or services and we will advise this on confirmation.
4.2 All payments must be made in Pounds sterling and all cheques must be drawn on a UK bank.
4.3 Credit card payments are subject to a surcharge of 2.4% of the value of the transaction. Bank transfers are accepted and do not incur any fees from us.
5. Financial Protection
5.1 Your holiday contract is with ATO-Tours Ltd which is registered in England (Company no.10582481) and shall be referred to below as “The Company”.
5.2 All bookings with the Company incorporate the Booking Conditions set out below and are deemed to have been accepted by you in full.
5.3 The Contract is made with the Company upon the Company posting confirmation of your booking to you.
5.4 Your contract with the Company and any matters arising from it shall be governed by and construed in accordance with English law and is subject to the jurisdiction of the Courts of England and Wales, unless you are resident in Scotland or Northern Ireland, in which case you may choose those respective jurisdictions.
6.1 (By you / By us) Cancellation can mean the cancellation of all services or part of them, including amendments that result in the release of hotel accommodation either partial or total. For example, if you booked for 7 nights in one hotel originally and then amended to 3 nights, this could be construed as a cancellation.
6.2 Cancellation and reduction by you
If the holiday is cancelled or the amount of passengers reduced by you, the following conditions apply: For all booked holidays, including passenger reductions, the free of charge cancellation deadline is 61 days prior to arrival. Should the cancellation/reduction be made between 60 and 31 days prior to arrival, a cancellation fee of 60% will be charged. Should the cancellation/reduction be made between 30 days and the day of departure, a cancellation fee of 100% will be charged.
In all the above cases, the deposit will always be retained by us. Also, any payments or deposits already made to airlines or hotels will also be charged / retained.
6.3 If you change your booking
6.3.1 If, after our confirmation invoice has been forwarded to you, you wish to change your holiday in any way, we will do our best to meet your request but it may not always be possible. Any such request must be in writing from the person who made the booking or from your travel agent. There are no administration charges but any further costs we incur in making the changes, such as extending the number of days or upgrading the hotel(s) will be passed on in the re-costing process. Once airline seats have been paid for, often before your final balance has been paid to us, it may not be possible to change without cancelling the seat with full charges and re-booking a new one.
6.3.2 You may also transfer a booking to another person, provided that the new passengers meet the requirements of these booking conditions and provided that we are notified in writing not less than 14 days before the departure date. We will not, however, confirm such a booking transfer until all costs and charges incurred by us (including any charges and costs levied by a supplier) have been paid. Please note that scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% charge. We reserve the right to require the balance of the holiday price or any other sum due under the contract to be paid before we confirm the booking transfer. Where we do not impose such a condition, both the original passengers and the new passenger shall be responsible for the payment of any sum due to us and both shall also be responsible for obtaining any necessary travel documents.
6.3.3 Please note certain rail/flight tickets may not be transferable after a reservation has been made and any alteration could incur full cancellation charges for that part of the holiday. Most airlines do not permit name changes to tickets once issued and any transfer of a booking to another person may therefore result in a charge equivalent to the full cost of the flight or alternative means of travel.
6.4 Cancellation by us
6.4.1 If for any reason we are forced to cancel your holiday we will of refund any monies paid in full.
6.5 Force Majeure
6.5.1 Force majeure is defined as unusual and unforeseeable circumstances beyond the company’s control, the consequences of which could not have been avoided by the company even with the exercise of all due care and include war or threat of war, riot or civil strife, political unrest, terrorist activity, industrial disputes, alteration to the schedules of flights by airlines, changes in aircraft type, natural disaster, fire, sickness, weather conditions such as hurricanes and floods, acts of any port, airport, governmental or public authority, technical problems to transport, aircraft grounding, nuclear disaster, Acts of God or volcanic ash disruption.
6.5.2 In the event that we have to cancel or change your holiday plans due to force majeure (changes will only be made in full consultation with you) then we will do our utmost to reimburse any monies that have been paid, aside to what you can claim from your insurance policy. However in the event of terrorist activity we can not guarantee a full or any reimbursement.
6.5.3 Changes will only be made if it is considered unsafe by the Company, or the British Government, to execute those arrangements.
6.5.4 We will do everything we can to keep any alternative arrangements within the same cost boundaries as the original holiday. Rest assured, if force majeure necessitates the curtailment of a holiday, we will do everything in our power to assist you and we or our local representatives will be available to help at all times during any such crisis.
6.6 VOLUNTARY CURTAILMENT
6.6.1 Should you wish to end your holiday earlier than the booked departure date, the following conditions apply:-
a) If the reason is due to illness of you or someone else in the party, you should claim from your insurance but we’ll do our utmost to avoid any cancellation charges from accommodation and ground service providers.
b) If the reason for cutting short your holiday is due to work or family commitments, then you may be able to claim from your insurance provider if the policy is very comprehensive.
c) Should you decide to move accommodation or cut short your holiday due to dissatisfaction with the hotel or any other service provided, we insist that you advise us immediately of any criticism that would lead to such a decision so we may have a chance to put it right. If we are not advised of a problem when it arises, we will not refund or compensate.
6.7 ACCIDENTAL CURTAILMENT/ CANCELLATION
6.7.1 In the event that you miss a flight we will do all we can to make alternative arrangements for you although you would have to pay for any costs incurred unless the Company was liable for the transportation involved in getting you to the airport.
6.7.2 Travel tickets and hotel, car hire or other service vouchers are only valid for the dates shown and it may not be possible to transfer to different dates.
6.7.3 Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delays. Full details of these rights will be available at EU airports and other airlines. Please note however, that reimbursement is the responsibility of the airline and does not entitle you to a refund of your holiday price from us.
6.8 FORCED CURTAILMENT BY US
6.8.1The Company reserves the right to cancel your holiday without any obligation to refund or make alternative arrangements where in our reasonable opinion your behaviour brings the holiday to an end or where the Company does not receive your payment in accordance with Condition 1.
7.1 Amendments by you:
7.1.1 If amendments to the program mean the cancellation of services already booked, the cancellation conditions stipulated in clause 3.1 apply.
7.1.2 If additional services are added at any point after the final invoice has been settled we will be delighted to accommodate any requests you have. Certain services, particularly flights, domestic or otherwise, and specialist activities such as hot air balloon rides may not be available at the time you request them so the longer the period of notice you give us, the more chance you will have of getting what you want, when you want it.
7.1.3 Amendments on timings of services such as pick up times from hotel for sightseeing are not normally a problem. On occasion, it may not prove possible. Most such changes can be made on the spot but if you are having any issues, please contact our representative or us.
7.1.4 If you want to amend the name of someone in your party traveling, it’s possible that the airline will charge 100% to change the booking (i.e. you pay twice for the flight) unless you are exercising your rights under Regulation 10 of the Package Travel Regulations 1992 to transfer your booking to another person when you are prevented from traveling.
7.2 Amendments by us:
7.2.1 On occasion, it may be necessary to make changes to your itinerary, particularly in the more remote parts of the world where the places you are visiting either have limited access due to infrastructure/climate or the governments of those countries have full control of tourist attractions and areas and can decide to close/amend opening times at will.
7.2.2 More likely are slight amendments to flight times. We only use scheduled airlines so these are minimal, but where a booking is made a long time in advance (10 months or more prior to departure), flight schedules are more likely to change. Where this happens, we’ll do whatever we can to limit the inconvenience or any cost factor involved.
8. Health and Safety
8.1 We have taken precautions to ensure the hotels and services that we provide for our clients have been checked with regard to compliance with local insurance requirements and vehicle safety checks. Hotels have been checked and largely comply with the highest standards set down by European law.
8.2 In some instances, because of the nature of the construction or other unavoidable issues, a hotel may not be able to comply with certain conditions of the EU health and safety recommendations, despite being of a superior standard. In such cases we will inform you of anything we feel is poignant.
8.3 Our commitments to you:-
8.3.1 Where you do not suffer personal injury or death, the Company accepts liability should any part of your holiday arrangements booked with us not be as described in the website or not be of a reasonable standard. Subject to 8.3.3 below, the Company will pay you compensation. Our liability in all cases shall be limited to a maximum of the original costs of your travel arrangements.
8.3.2 Where you suffer death or personal injury as a result of an activity forming part of your holiday arrangements with the Company, we accept responsibility subject to 8.3.3 below. Where such death or personal injury arises in the course of air travel, sea travel or hotel accommodation, the Company’s liability and/or the amount of compensation you will receive will be limited in accordance with the provisions of any relevant International conventions.
8.3.3 The Company accepts liability in accordance with 8.3.1 and 8.3.2 above except where the cause of the failure in your holiday arrangements or any death or personal injury you may suffer is not due to any fault on the part of the Company or its servants, agents or suppliers, and was your own fault, or the actions of someone unconnected with your holiday arrangements or due to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by the Company or its servants, agents or suppliers, even with the exercise of all due care.
8.3.4 It should be noted that the acceptance of liability on the part of the Company referred to in 8.3.1, 8.3.2 and 8.3.3 above is subject to assignment by you of your rights against any servant, agent or supplier of the Company which is in any way responsible for the failure of your holiday arrangements or any death or personal injury you may suffer.
8.3.5 It should be noted that the acceptance of liability on the part of the Company referred to in 8.3.1 and 8.3.2 above is subject to Condition 8.3.6 below.
8.3.6 Where you book an optional excursion whilst on your holiday, or where the Company makes excursion arrangements on your behalf, whether before departure or whilst in resort, and you make payment for this directly to the relevant supplier, we accept no liability for any consequential failure in your excursion arrangements, or any death or personal injury you may suffer. If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs or benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £1,000 if indeed we are proven to be liable.
– Airlines and service suppliers
9.1 The price of your travel arrangements is subject at all times to surcharges for increases in transportation costs such as fuel, scheduled airfares and any other airline surcharges which are part of our contract between airlines (and their agents) and any other transport provider. It is also subject to cost changes arising from government action such as increases in VAT or any other imposed increases and changes to currency exchange rates, any or all of which may result in a variation of your holiday price.
9.2 In the case of price increases, we will absorb an amount equal to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. Only amounts in excess of 2% will be surcharged. If this means that you have to pay more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid.
9.3 Decreases will be calculated on the same principles. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
10. Product Information
10.1 The information contained on our website is given in good faith and believed to be correct at the time it is given.
10.2 If any facilities referred to therein are withdrawn, altered or restricted the Company will advise you at the time of booking or as soon as the Company is notified by the supplier of the changes. It may be that facilities are withdrawn for maintenance purposes at short notice and therefore the Company will not be informed by the supplier. The Company does not accept liability for this.
11. Insurance – Ours / Yours
11.1 The Company is fully insured in case of liability connected with injury or death where the Company or any of its suppliers are found liable for the incident.
ATO-Tours Ltd is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ”The Package Travel, Package Tours Regulations” all passengers booking with ATO-Tours Ltd are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of ATO-Tours Ltd. This insurance has been arranged by The Travel Vault in conjunction with Towergate Travel through Zurich Insurance PLC.
In the unlikely event of Insolvency, you must Inform Towergate Chapman Stevens immediately on +44 (0) 1932 334140 or by email at firstname.lastname@example.org . Please ensure you retain the booking confirmation form as evidence of cover and value.
Policy exclusions: This policy will not cover any monies paid for Travel Insurance
11.2 It is a condition of booking a holiday with the Company that a comprehensive travel insurance policy is taken out, particularly in order to meet any medical bills, repatriation costs or legal fees, which are usually the most costly aspects of any serious claim. We would recommend a policy that covers a minimum £25,000 of legal fees and £1 million in medical costs and repatriation.
11.3 It is imperative that you take out your insurance at the time of booking to cover that holiday period and you ensure that the policy will pay out the full cost of the holiday. Please note that it is not safe to assume that this would be automatic since the cost of some holidays is much higher than some insurance policies would cover.
11.4 By choosing not to be insured you agree to indemnify the Company against all costs, losses and liabilities which we may incur and which are not our liability under this contract and which would have been avoided had suitable insurance cover been taken by you. In particular we bring your attention to the issue of holidays which cannot be taken due to flights being cancelled, for any reason.
11.5 When you book your insurance policy please ensure that the following points are covered:-
11.5.1 If the airline cancels the flight for any reason at all, but particularly adverse conditions (including ash clouds), the insurance will pay out the total cost of the holiday should the insured not travel at all (that is total cost, minus what the airline are bound to refund in the event they cancel the flight). A key point here is that the insurance does not have a cap that is less than the total cost of ground services, accommodation and internal flights combined. It should also cover the cancellation and reimbursement of any specialist arrangements booked in the country of destination such as cruises.
11.5.2 You are covered for recovering the partial cost of holiday, e.g. if you were delayed by 2 days due to snow and needed to recover the cost of the first 2 nights accommodation and services.
11.5.3 You are covered for extending your stay should you get stranded in your holiday destination for any reason (e.g. ash cloud or snow at home preventing flights from landing). It’s all insurable. Try also to get associated expenses for food and drink as this can also add up over a long delay.
12. Conditions of Carriage
12.1 The carrier companies that provide the transportation for your travel arrangements produce conditions of carriage which form part of your contract both with us and with the carrier companies. You may ask for copies of the relevant conditions of carriage from our offices.
13. Passports and Visas
13.1 You require a passport to travel to countries featured on the website. However, please check with us or use our visa service agent CIBT. You can check exactly what is needed for each country on their website and use our unique account to get a significant discount in the cost of the visas.
14. Data Protection
14.1 For the purposes of the General Data Protection Regulation (EU) 2016/679 Ato-Tours Ltd. is a data controller. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to collect certain personal details from you. These will include, where applicable, the names and addresses of party’s members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you.
14.2 We must pass on your personal details to the companies and organisations who need to know them so that your holiday can be provided (for example your airline, hotels, transport companies, credit/debit company or bank). The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
14.3 We have appropriate security measures in place to protect the personal details you give us.
14.4 Where your travel arrangements are to take place outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information on to any company and/or organisation not responsible for providing any part of your travel arrangements.
14.5 Where you provide us with personal details relating to any special requirements such as those mentioned above, you consent to this information being passed onto any organisation or companies responsible for any part of your travel arrangements whether in the EEA or not. If we cannot pass this information to the relevant suppliers, we cannot provide your travel arrangements.
14.6 Information we may collect about you
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, transfer and process the following information (including personal data) about you:
Information you give us
You may give us information about you by filling in forms on our sites www.ato-tours.com or by corresponding with us by phone, email or otherwise.
This includes information you provide when you register to use our site, subscribe to certain services or publications (including our email newsletters), view video content on our sites, request marketing to be sent to you, give us some feedback or when you report a problem with our sites.
The information you give us may include:
Identity Data including your full name, title, date of birth, email, phone number, passport details, address and any other information you choose to give us.
Contact Data including billing address, delivery address, email address and phone number.
Financial Data including financial and credit card information.
Transaction Data including details about payments to and from you, and other details of products and services you have purchased from us.
Profile Data including your username and password, purchases or orders made by you, your interests, preferences, feedback, survey responses and website activity.
Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
We may 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 treat the combined data as personal data which will be used in accordance with this privacy notice.
We may collect ‘special categories of personal data’ about you (this includes details about your religious or philosophical beliefs and information about your health). We will ask you to provide such special categories of data if we need to know about a dietary requirement or medical condition as part of providing our products and/or services to you, for example allocating you disabled access seating at a game or when registering your children for Community Camps.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
Information we collect about you automatically
We may automatically collect the following information:Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, 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.Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our sites (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
15.1 We do not store credit card details nor do we share customer details with any 3rd parties.
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 provide goods and/or services to you when you request us to do this.
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 third party 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.
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.
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 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.
Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer of products and services purchased via our websites (a) Identity
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey (a) Identity
(e) Marketing and communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and our websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity
(e) Marketing and communications
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our websites, products/services, marketing, customer relationships and experiences (a) Technical
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our websites updated and relevant, to improve our sites to ensure that content is presented in the most effective manner for you and for your devices, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you and other users of the sites about goods or services that may be of interest to you or them (a) Identity
Necessary for our legitimate interests (to develop our products/services and grow our business)
17. 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 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.
18. Promotional offers from us
You will receive marketing communications from us by email, SMS, telephone, post, social media or digital advertising (via cookies or similar) if you have requested such information from us or purchased goods or services from us.
19. STORING YOUR PERSONAL DATA
We do not transfer your personal data outside the EEA.
19.1 Data security
We have put in place appropriate 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. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.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.
19.2 Data retention
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.
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. 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.
20. YOUR RIGHTS
You have the right to:
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: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) 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. In certain circumstances, you can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. Our sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
21. ACCESS TO INFORMATION
You also have the right to your personal data (known as a ‘data subject access request’). This enables you to receive a copy of the personal data we hold about you and check that we are lawfully processing it.
If you wish to make a request for access to your information, please contact us at email@example.com.
21. 1 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), although we have the right to 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.
21. 2cWhat 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.
22.3 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.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.