TABLE OF CONTENTS
1. WHO WE ARE
The Data Protection Officer
2. OUR PRIVACY STATEMENT
3. FOR WHICH PURPOSE WE COLLECT YOUR PERSONAL DATA AND WHICH LEGAL BASIS
3.1 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:
3.2 We will not use your personal data for purposes that are incompatible with the purposes for which we collected it, and of which you have been informed, unless it is required or authorized by law, or it is in your own vital interest (e.g., in case of a medical emergency) to do so.
3.3 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. For example, in order to prevent fraud and other illegal activity, and for verification process of any online transaction or payment.
3.4 Below are all the ways we plan to use your personal data, and the legal bases we rely on to do so. We have also identified what our legitimate interest are where appropriate. 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 purpose for which we use your personal data and the legal ground we are relying on to process your personal data.
To register you as a new Client through our online booking system, reservation desk, check-in and check-out at our hotels.
To enable you to partake in a prize draw, any raffle or competition; To allow you to subscribe to promotional e-mails or newsletter to allow you to benefit of services provided by our preferred service providers of Beachcomber Resorts & Hotels.
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).
To use data analytics to improve our website, services, marketing, customer relationships and experiences.
Marketing our products and services to you.
Allow you to make spontaneous applications for current or prospective job openings.
To promote investor relations.
Lawful Basis for processing
(a) Performance of a contract with you
(b) Necessary for our legitimate interest (to keep our records updated and to study how customers use and appreciate our services)
Justified on the basis of consent
(a) Necessary for our legitimate interest (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise).
(b) Necessary to comply with a legal and regulatory obligation.
Necessary for our legitimate interest (to define types of customers for services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).
Justified on the basis of consent for ensuring that we offer the best possible service to you.
Justified in order to take steps at the request of the data subject before entering into a contract.
Justified on the basis of our legitimate interests to ensure that you remain connected with the affairs of the company.
4. WHICH CATEGORIES OF DATA WE COLLECT ABOUT YOU
4.3 The personal data we collect includes:
4.4 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.
4.6 We collect ‘sensitive personal data’ also known as Special Categories of Personal Data about you in accordance with data privacy law requirements (this includes scanned copies of your Passport/National Identity Card/Driving License, your allergies, health conditions when using for example our Kids Club, Spa, and/or Fitness Center, or any of our leisure activities or facilities, current medication, any physical conditions that affect your mobility, biometric data such as your fingerprint pictures and CCTV footage and membership of trade union).
IMPORTANT: This website is not intended for children, and we do not knowingly collect data relating to a child under the age of 16. By law, parents or guardians of the child have the obligation to provide data related to the child. In this case, we shall make every reasonable effort to verify using any reasonable means (including but not limited to any written supporting evidence) that consent has been given or authorised.
4.7 The above-mentioned categories of personal data are obtained either directly from you (for example, when you provide information to sign up for a newsletter or register to comment on a forum website) or indirectly from certain third parties (for example, through our website’s technology). Such third parties include our affiliates, public authorities, public websites and social media, suppliers and vendors.
IMPORTANT: 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.
5. WHETHER WE USE THIRD-PARTY LINKS TO WEBSITES AND PROGRAMS
5.1 The use of our 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.
6. HOW YOUR PERSONAL DATA IS COLLECTED
6.1 We use different methods to collect data from and about you as listed below:
a. Direct Interactions
You may give us your personal data when you fill in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
(i) book a stay at one of our Beachcomber Resorts and Hotels;
(ii) use and/or purchase services offered at the Resorts (for example, Kids Club, Teens Club, Spa, Boat House, etc.);
(iii) create an account on our website;
(iv) subscribe to publications;
(v) request brochures or newsletters to be sent to you;
(vi) enter a competition, promotion or survey;
(vii) contact us, in which case we may keep a record of that correspondence;
(viii) post comment on our website.
b. Automated technologies or interactions
c. Third parties or publicly available sources
We may receive personal data about you from a third party.
7.1 If using our website, you can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies.
7.3 For more information about the cookies we use, please click here.
8. HOW WE USE YOUR PERSONAL DATA WHEN YOU VISIT OUR RESORTS AND HOTELS
8.1 We use closed circuit television (CCTV) images to provide a safe and secure environment for our guests, employees, suppliers, and service providers and to protect our premises and property.
8.3 The Company’s CCTV facility records images only. There is no audio recording i.e., conversations are not recorded on CCTV.
9. WHAT YOUR RIGHTS ARE IN RESPECT OF MARKETING COMMUNICATIONS
9.1 We will not process your personal data for direct marketing purposes unless you have given your consent to such processing by ticking the appropriate box on the forms we use to collect your personal data (such as forms used when you have requested information from us or purchased or made a booking with us or when you have entered a competition or registered for a promotion); or by utilizing opt-in mechanisms in e-mails we send to you or opt-in mechanisms which are found on our website.
9.2 In case you have opted-in to receiving marketing materials, you will receive promotional offers from us. We may then use your Identity Data, Technical Data, Usage Data 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 services and offers may be relevant for you.
You have the right to withdraw your consent from receiving marketing communications from us at any time by utilizing opt-out mechanisms in forms and emails we send to you or found on our website. You can also object to the processing of your personal data for direct marketing purposes and exercise your right to have your personal data removed from our database at any time by contacting us. When you withdraw your consent or when you object to the processing of your personal data for direct marketing purposes, we shall stop processing your personal data for such direct marketing purposes.
10. WHO THE INTENDED RECIPIENTS OF YOUR PERSONAL DATA ARE
10.1 We do not share your personal data with any company outside Beachcomber for marketing purposes, but should this be the case, we will get your consent before we proceed.
10.2 In relation to the purposes for which we collected your personal data, we may have to share your personal data to:
10.3 We may also need to send your personal data and compliance to third parties such as service providers (such as IT systems suppliers and support, and other service providers which act as processors) from whom we ask for such warranties as:
(i) they have all the security and organizational measures in place to protect your data, and
(ii) they will only process your personal data in accordance with our instructions, for their own purposes.
10.4 We may require to share your personal data to external third parties (who may not be processors) such as :
11. HOW LONG WILL WE USE YOUR PERSONAL DATA
11.1 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.
11.2 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 personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
11.3 We wish to draw your attention to the fact that the legal prescription period in Mauritius (i.e., the period during which one party may sue another party or be sued after the happening of an event) is 10 years for non-immovable-property-related matters (actions personnelles). Depending on the nature of our relationship with you, we may, in this context, also choose to keep your personal data after our last transaction with you, for at least the legal prescription period in order to be able to defend or enforce our rights or for such number of years according to the applicable laws.
11.4 Please contact us for further details on retention periods for different aspects of your personal data.
11.5 In some circumstances, you can ask us to delete your personal data: see Request erasure below for further information.
11.6 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.
12. TRANSFER OF YOUR PERSONAL DATA
12.1 When sharing your personal data within Beachcomber and Beachcomber Tours, whether this involves transferring your data outside the countries where Beachcomber operates, we ensure your personal data is protected as per the applicable law requirements.
12.2 Whenever we transfer your personal data, we ensure a similar degree of security and protection is afforded to it. For further details, please contact us.
13. HOW WE PROTECT YOUR PERSONAL DATA
13.1 We maintain organisational, physical and technical security measures
(i) to prevent your personal data from unauthorised access, alteration, disclosure, accidental loss, and destruction, and
(ii) based on the nature of the personal data, to protect your personal data from the harm that may result in unauthorised access, alteration, disclosure, destruction of the data and its accidental loss.
13.2 In particular, our preventive and protective measures include
(i) the pseudonymisation and encryption of personal data; and
(ii) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services through our disaster recovery management procedure.
13.3 We limit access to your personal data to those employees, agents, 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.
13.4 We maintain 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.
Primary Contact (Mauritius)
Our DPO in the UK and in France are the point of contact of
(i) the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk), and
(ii) the Commission Nationale de l'informatique et des Libertés (CNIL), the French regulatory authority in respect of data privacy law. Please contact our DPO in respect of any questions in respect of the GDPR.
14. WHAT RIGHTS DO YOU HAVE IN RESPECT OF THE PROCESSING OF YOUR PERSONAL DATA
14.1 You have the right to, in the circumstances and under the conditions, and subject to the exceptions, set out in applicable laws:
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, 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.
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 services to you. We will advise you if this is the case at the time you withdraw your consent.
14.2 Right to lodge a complaint at any time with the Data Protection Commissioner of Mauritius (DPC). If you are an EU citizen, you have the right to lodge a complaint with the regulatory authority of the country of your residence, work place or where the data breach has occurred.
If you wish to exercise any of the rights set out above or need any clarification thereon, please contact us.
We would appreciate the chance to deal with your concerns before you approach the DPC, ICO or CNIL, so please contact us in the first instance.
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.
14.3 If the GDPR applies to our processing of your personal data, you have the right of portability that is the right to receive your personal data, which you have previously provided in a 'commonly use and machine readable format' and have the right to transmit that data to another controller, for so long as such rights do not violate any third party fundamental rights and freedom, and subject to such other exceptions set forth under the GDPR.
Biometric data means any personal data relating to the physical, physiological, or behavioral characteristics of an individual which allow his unique identification, including facial images or dactyloscopy data.
Consent means any freely given specific, informed, and unambiguous indication of the wishes of a data subject, either by a statement or a clear affirmative action, by which he signifies his agreement to personal data relating to him being processed.
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.
Direct marketing means the communication of any advertising or marketing material which is directed to any individual.
Encryption means the process of transforming data into coded form.
GDPR means the European Union General Data Protection Regulation, which came into force in 25 May 2018.
Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure 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 interest by doing a legitimate interest test. 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 interest 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 such a contract.
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).
Processing means an operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information and the additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed.
Third party means a person or public body other than a data subject, a controller, a processor, or a person who, under the direct authority of a controller or processor, who or which is authorized to process personal data.
Traffic data means any data relating to a communication by means of a computer system and generated by the system that form part in the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.
Website means https://www.beachcomber-hotels.com