Welcome to the Swim Trek Limited (SwimTrek) privacy notice.
SwimTrek respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data, including when you visit our website (regardless of where you visit it from), make bookings with us, or contact us by telephone, email or social media, and tell you about your privacy rights and how the law protects you.
This privacy notice is split into 11 sections so that you can easily find the information that you are looking for. Please also use the Glossary in Section 10 to understand the meaning of some of the terms used in this privacy notice.
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how SwimTrek collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product, make a booking, take part in a competition or engage with us via social media.
This website is not intended for children and we do not knowingly collect data relating to children except in relation to trip bookings and then only with the consent of a parent or guardian.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Swim Trek Limited is the controller and responsible for your personal data (collectively referred to as ”SwimTrek”, “we”, “us” or “our” in this privacy notice).
We have appointed a privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
Our full details are:
Company name: Swim Trek Limited
Postal address: Unit 1 Alpha House, St. John’s Road, Brighton & Hove, BN3 2FT
Telephone: +44 (0)1273 739 713
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This version was last updated in May 2018.
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.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. THE DATA WE 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 and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes: first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes: billing address, delivery address, email address and telephone numbers, and social media accounts.
- Financial Data includes: bank account and payment card details.
- Transaction Data includes: details about payments to and from you and other details of products, services or trip bookings you have made with us.
- Technical Data includes: internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website or make a booking with us or engage with us in some other way.
- Profile Data includes: your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses, or details you submit in relation to clothing or other orders or purchases.
- Usage Data includes: information about how you use our website, products and services.
- Marketing and Communications Data includes: your preferences in receiving marketing from us and our third parties and your communication preferences.
- Medical Data includes: information provided by you about your health and any medical conditions.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
With the exception of any Medical Data provided in relation to a trip booking, or volunteered by employees or sub-contractors of SwimTrek, we do not as a rule collect any other Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
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, including trip bookings). In this case, we may have to cancel a product or service booking you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in booking forms or by corresponding with us by post, phone, email, social media or otherwise. This includes personal data you provide when you:
- Make a trip booking or purchase products or services;
- create a user account on our website;
- subscribe to our service or newsletters;
- request marketing to be sent to you;
- enter a competition, promotion or survey;
- make a general enquiry about our products or services; or
- give us some feedback.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical Data from the following parties:
(a) analytics providers such as Google based inside or outside the EU;
(b) advertising networks such as GoogleAds, Facebook or LinkedIn based inside or outside the EU; and
(c) search information providers such as Google based inside or outside the EU.
Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as MailChimp Sage or Stripe based inside or outside the EU.
Identity and Contact Data from publicly available sources such as, HM Revenue & Customs (HMRC), Companies House and the Electoral Register based inside the EU.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests or those of a third party and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Please see the table below to find out more about the types of lawful basis that we will rely on to process your personal data.
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 or by clicking ‘unsubscribe’ in any communication you receive from us.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a user or a Guest as a result of a trip booking you make with us or to take next of kin details in relation to a trip booking.||(a) Identity, (b) Contact, (c) Medical||(a) Performance of a contract with you, (b) Necessary for our legitimate interests (for example, to ensure we have up to date next of kin information in the event of any medical or health issues or emergencies)|
|To process and deliver your order including: (a) Manage payments, fees and charges, (b) Pass your details to our guides, accommodation, events providers, or other suppliers in relation to a trip booking, (c) Collect and recover money owed to us||(a) Identity, (b) Contact, (c) Medical, (d) Financial, (e) Transaction, (f) Marketing and Communications||(a) Performance of a contract with you, (b) Necessary for our legitimate interests (for example, to ensure we have up to date next of kin information in the event of any medical or health issues or emergencies|
|To enable you to partake in a prize draw, competition or complete a survey||(a) Identity, (b) Contact, (c) Profile, (d) Usage, (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 this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity, (b) Contact, (c) Technical||(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, (b) Contact, (c) Profile, (d) Usage, (e) Marketing and Communications, (f) Technical||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 website, products/services, marketing, customer relationships and experiences – such as MailChimp||(a) Technical, (b) Usage||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity, (b) Contact, (c) Technical, (d) Usage, (e) Profile||Necessary for our legitimate interests (to develop our products/services and grow our business)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You may receive marketing communications from us if you have expressly requested information from us about our services or upcoming trips, or purchased goods or services, or made a booking enquiry, or if you provided us with your details when you entered a competition or registered for a promotion. We will not however send you generic marketing about SwimTrek unless you have expressly consented to receive it.
We will get your express opt-in consent before we share your personal data with any company outside SwimTrek for marketing purposes. We will never sell your data to third parties.
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time or by following the opt-out links on any marketing message sent to you.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a trip booking, product/service purchase or other transactions or where we need to keep your contact details or make contact with you for contractual performance or legitimate interest purposes.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
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.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal Third Parties as set out in the Glossary below.
- External Third Parties as set out in the Glossary below.
- Specific third parties listed in the Glossary below.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
If we need to share your data with a third party, and the reason is not already set out in this policy, you will be informed at the time your data is collected.
6. INTERNATIONAL TRANSFERS
It is our policy not to transfer your personal data outside the European Economic Area (EEA) and we will not do so unless we are required to do so to fulfil a trip booking you have made with us.
Whenever we transfer your personal data out of the EEA, we always seek to ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- Where we use certain service providers, we may do so on under the terms of our own Data Processing Agreement, or under the terms of specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use administration and IT services providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. 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, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We always seek to use third party administration and IT services providers that are ISO27001 certified where practical.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about the contracts we enter into and our guests (including Contact, Identity, Financial and Transaction Data) for six years for company records, tax and legal liability purposes. We may also keep information (including Contact, Identity, Financial Data) for up to six years after a booking in order to make it easier for guests to make new bookings.
In some circumstances you can ask us to delete your data: see "Request erasure" below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see the Glossary section to find out more about the rights listed below:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
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.
Consent means the unambiguous approval to use data in a specific way, it must involve a clear affirmative action (an opt-in). In relation to the use of Special Personal Data, the consent must be given expressly in relation to this use. We seek consent in relation to marketing permissions, and in relation to the volunteering of Medical Data for trip bookings, and in relation to our own employees.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure SwimTrek experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
INTERNAL THIRD PARTIES
Other companies in the SwimTrek group acting as joint controllers or processors and who are based in the EU or the countries in which SwimTrek offers its trip services, or which provide IT and system administration services and undertake leadership reporting.
EXTERNAL THIRD PARTIES
- Service providers acting as processors based in or outside the EU who provide IT and system administration services, such as MailChimp, Stripe or Sage.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in or outside the EU who provide consultancy, banking, legal, insurance and accounting services.
- HMRC, regulators and other authorities acting as processors or joint controllers based in the United Kingdom or EU who require reporting of processing activities in certain circumstances.
- Other third party providers who provide guest accommodation, event management, transport or guide services to guests on SwimTrek trips in or outside the EU, as appropriate.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (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. You can at any time unsubscribe to any marketing communications you receive from SwimTrek.
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TYPES OF COOKIES
Necessary cookies: These cookies are essential in helping you to make use of the features and services we offer on the SwimTrek website. Without these cookies, the services you want to use cannot be provided. These cookies do not gather information about you that could be used to identify you, and they do not monitor or remember where you have been on the internet.
Functional cookies: These cookies allow us to provide you with a better online experience when you use our website. They do not gather or store any information which would allow us to identify you personally.
Performance cookies: These help us to understand how our customers use our site, so we can keep our products and services relevant, easy to use and up to date. For example, we can see which products and services are most popular, identify when and where errors occur, and test different versions of a page in order to provide an improved online experience.
Sometimes, the services we use to collect this information may be operated by other companies on our behalf. They may use similar technologies to cookies, known as "web beacons" or "tags". These are anonymous and, as they are only used for statistical purposes, they do not contain or collect any information that identifies you.
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