St Aubyn Estates Cottages' Privacy Policy

1.INTRODUCTION AND IMPORTANT INFORMATION

St Aubyn Estates Cottages (run by St Aubyn Estates Ltd) are committed to protecting and respecting your personal data and privacy.

This privacy policy relates to how we use and collect personal data from you when you use or purchase services or access our website. It also relates to our use of any personal information you provide to us by telephone (including SMS), in written correspondence (including letter and email) and in person.

Please note that:

our services and our website are not intended for children under the age of 18 and we do not intentionally collect data relating to children; and
our website and services 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 policy of every website you visit.
Whenever you provide personal data, we are legally obliged to use your information in line with all applicable laws concerning the protection of such information; including the Data Protection Act 1998 and 2018 (DPA) and The General Data Protection Regulation 2016 (GDPR) to the extent to which it is applied by UK GDPR as defined by the Data Protection Act 2018 together with other subsequent laws (“Data Protection Laws”).

This privacy policy also forms part of our terms of business and is not intended to override them. This policy may be amended or updated from time to time and any revisions will be posted to this page, so please check back regularly.

2.WHO WE ARE AND How to contact us

For the purpose of the Data Protection Laws, the data controller is St Aubyn Estate Ltd. We are a private limited company registered in England and Wales under company number 00392156 and we operate St Aubyn Estates Cottages. Our registered office is at Estate Office, King's Road, Marazion, Cornwall, TR17 0EL. If you want to request more information about our privacy policy or information regarding data protection you should contact us using the details provided below:

FAO: Privacy Officer

St Aubyn Estates Ltd

Estate Office

King's Road

Marazion

Cornwall

TR17 0EL

United Kingdom

Email: [email protected]

Telephone: 01736 888515

2.1 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 (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

3. THE DATA WE COLLECT ABOUT YOU

We collect and process personal data. Typically, the personal data we collect and process will include identity, contact, transactional, financial, technical, profile, usage and marketing and communications data such as:

3.1.1 Identity Data includes first name, last name, title or other identifier (such as job title), marital status, date of birth, nationality, gender, passport number.

3.1.2 Contact Data includes correspondence address, billing address, next destination, email addresses and telephone numbers.

3.1.3 Transaction Data includes details about any stay you have booked with us to stay at one of our holiday cottages and the people you will be traveling with.

3.1.4 Financial Data includes bank account and payment card details.

3.1.5 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.

3.1.6 Profile Data includes your purchases or bookings made by you, your interests, preferences, feedback, and survey responses.

3.1.7 Usage Data includes information about how you use our website and services. Website usage information is collected using cookies (see below). If you interact with us on social media or sites such as Trip Advisor, if the settings on your accounts or the privacy policies of those sites give us permission to do so, we will collect information about you.

3.1.8 Marketing and Communications data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Please note that we may collect and/or process other personal data from time to time.

3.2 Newsletters may record aggregate subscriber data relating to engagement and geographic or demographic data, which we use for segmenting data and customer research. Aggregated data could be derived from your personal data but is not considered to be personal data in law as it will not directly or indirectly reveal your identity.

3.3 To an extent special category data (e.g., health or religious data) is processed by us, however this will only be processed when you provide us with information on a voluntary basis on the basis of your explicit consent (e.g., if you inform us that you are a wheelchair user or require special arrangements). Such consent can be withdrawn by you at any time, without affecting the lawfulness of processing based on such consent before its withdrawal.

3.4 We only collect data from you directly or via third parties (see the section Third Parties below).

4. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

4.1.1 Direct interactions. You may give us your Identity, Contact, Profile, Transaction and Financial Data by filling in forms or by corresponding with us by post, phone, messaging service, email or otherwise. This includes personal data you provide when you:

(a) make a booking with us via our website or by phone;

(b) request marketing to be sent to you via newsletters etc;

(c) visit us in person;

(d) voluntarily give us feedback, contact us, or enter a promotion or survey; or

(e) interact with us on social media.

4.1.2 Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies, which are used to tailor your return visits and provide a more personalised experience, or to assist in monitoring website usage. They do not allow us to identify you as an individual. Please see our cookie policy below for further details.

4.1.3 Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

(a) Technical Data from the following parties:

analytics providers, i.e., Google Analytics;
(b) Contact, Financial and Transaction Data from providers of technical, or payment services.

5. 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 our services). In this case, we may have to cancel all or part of a service you have with us but we will notify you if this is the case at the time.

6. HOW YOUR DATA WILL BE USED

6.1 We use information held about you to:

6.1.1 carry out our obligations arising from any contracts entered into between you and us and provide our services, including any third-party services we make available to you;

6.1.2 to provide you with accommodation services;

6.1.3 Send marketing communications if you have opted in to receive them. Newsletters may record subscriber data relating to engagement and geographic and demographic data, which we use for segmenting data and customer research. You can unsubscribe from our mailing list or update your preferences at any time by using the links in the footer of our emails or by emailing [email protected]. We may use web beacons and tracking pixels in our emails which tell us whether or not you have opened our emails and when.

6.1.4 carry out feedback and research on our services; and

6.1.5 notify you about changes to our services.

6.2 We never sell your data to third parties or allow third parties to contact you without your permission.

6.3 We share your data with third parties where there is a legal obligation for us to do so or we have identified a valid lawful basis as set out in the table below (please also see clause 7 below). We may process your personal data without your knowledge or consent where this is required or permitted by law.

6.4 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. 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 user or customer.

Identity

Contact

Performance of a contract with you

Necessary for our legitimate interests (Internal record keeping)

To provide our services to you and to process related transactions, including:

To process your booking

Manage payments, fees and charges

Collect and recover money owed to us

Identity

Contact

Transaction

Usage

Marketing and Communications

Performance of a contract with you

Necessary for our legitimate interests (to recover debts due to us).

To manage our relationship with you which will include:

Notifying you about changes to our terms or privacy policy

Asking you to leave a review or take a survey

Identity

Contact

Profile

Marketing and Communications

Performance of a contract with you

Necessary to comply with a legal obligation

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 competition or complete a survey.

Identity

Contact

Profile

Usage

Marketing and Communications

Performance of a contract with you

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 website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

Identity

Contact

Technical

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)

Necessary to comply with a legal obligation

To measure or understand the effectiveness of the advertising we serve to you.

Identity

Contact

Profile

Usage

Marketing and Communications

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

Technical

Usage

Profile

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.

To contact you by email with details of special offers, news, details of events, updates about changes to our services.

Identity

Contact

Technical

Usage

Profile

Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

To keep a record of guests aged 16 and over as required by legislation

Identity

Contact

Necessary to comply with a legal obligation

7. LAWFUL BASIS FOR PROCESSING

We only process your data (which may include providing it to a third party) where we have identified a valid lawful basis to do so. These are as follows:

7.1.1 Contractual obligation – means processing that is necessary to comply with our obligations arising out of a contract, for example, where you have made a booking with us we will use the personal data you provide to fulfil our contractual obligations.

7.1.2 Legitimate Interest - means in 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 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. Where we use legitimate interests, we will record our decision on making this decision. We rely on legitimate interest where processing of the data we hold on you does not, in our opinion, affect your rights or freedoms and is proportionate to our interests e.g. keeping you up to date with our latest services or obtaining your feedback on our service.

7.1.3 Consent – We will seek to obtain your consent to process:

(a) your data outside our contractual obligations (see above) unless we have identified a Legitimate Interest (see above); and

(b) any special category data.

7.1.4 Legal obligation – We may process your data where it is necessary for us to do so to comply with the law.

8. THIRD PARTIES and sharing information

8.1 We will keep your information within the organisation except where disclosure is required or permitted by law or when we use third party service providers (data processors) to supply and support our services to you. We have contracts in place with our data processors. This means that they cannot do anything with your personal data unless we have instructed them to do so. They will not share your personal data with any organisation apart from us. They will hold it securely and retain it for the period we instruct.

8.2 Please see below the list which sets out the categories of recipients of personal data

SERVICE PROVIDERS WHO MAY RECEIVE YOUR PERSONAL DATA

IT Support Services

Email Provider

Analytics and Website Providers that assist us in the improvement and optimisation of our site

Marketing Agencies

Campaign Monitor

Secure document disposal service

Banks

Online payment providers

Property management system provider

Accountants

Solicitors

Software Providers

Feedback aggregators and collectors

9. MARKETING

9.1 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).

9.2 You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

9.3 We strive to provide you with choices regarding certain personal data uses, namely around marketing and advertising. In particular:

9.3.1 We will always obtain your express opt-in consent before we share your personal data with any third party for marketing purposes; and

9.3.2 You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to your or by contacting us at any time on [email protected].

10. INTERNATIONAL TRANSFERS

10.1 Your data is stored by us and our processors in the UK or the European Economic Area (EEA). Where your personal data is transferred outside of the UK or the EAA, we have ensured that:

10.1.1 transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; or

10.1.2 ensure that standard contractual clauses (SCCs) are in place and we have received assurances that an adequate level of protection of the personal data is achieved (based on a case-by-case assessment of the circumstances of the transfer), including adequate technical and operational measures in place to protect the personal data.

10.2 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

11. DATA SECURITY

11.1 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.

11.2 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.

12. DATA RETENTION

12.1 We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

12.2 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 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, regulatory, tax, accounting or other requirements.

12.3 In some circumstances you can ask us to delete your data (see below for further information).

12.4 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. Please see clause 3.2.

13. YOUR RIGHTS

Under the data protection laws your rights are:

13.1.1 To be informed – We must make this privacy policy (sometimes referred to as a privacy notice) available to you and be transparent over how we process your data.

13.1.2 Access – You are entitled to know what details we hold about you and why. We strive to be as open as we can be in terms of giving people access to their personal data. You can find out if we hold any of their personal data by making a formal request under the data protection laws. Such requests should be made using the contact details provided in this policy. If we do not hold information about you we will confirm this in writing at the earliest opportunity. If we do hold your personal data we will respond in writing. Our response will:

(a) confirm that your data is being processed;

(b) verify the lawfulness and the purpose of the processing;

(c) confirm the categories of personal data being processed;

(d) confirm the type of recipient to whom the personal data have been or will be disclosed; and

(e) let you have a copy of the data in format we deem suitable or as reasonably required by you.

13.1.3 Rectification – We are obliged to correct or update your details. We will correct or update your data without delay provided you make the request in writing to the contact details provided in this policy, clearly specifying which data is incorrect or out of date.

13.1.4 Erasure – This is also known as the right to be forgotten. Under Data Protection Laws you have the right to require us to erase your personal data under specific circumstances. A request for your personal data to be deleted will be decided on a case-by-case basis and should be submitted in writing to the contact details provided in this policy.

13.1.5 Restrict processing – You have the right to ‘block’ or suppress the processing by us of your personal data.

13.1.6 Portability – You have the right to obtain the personal data that you have provided to us in a commonly used machine-readable format and reuse it with a different provider.

13.1.7 Object – You have the right to object to us processing your data in certain circumstances. You have an absolute right to stop your data being used for direct marketing, but in other circumstances we may still be allowed (or required) to process your personal data if we can show you that we have a compelling reason for doing so.

13.1.8 Rights in relation to automated decision making and profiling – We do not use automatic decision making or profiling.

13.1.9 Withdraw consent. Where you have given us consent to process your personal data, you can withdraw that consent at any time either by contacting us using the details set out in this policy, or by following the opt-out links in electronic messages where relevant. We do not penalise individuals who wish to withdraw consent and we act on withdrawals of consent as soon as we can.

13.2 Please note that you may need to provide identification in order to prove who you are if you wish to invoke any of your rights as provided by the data protection laws and as summarised above.

13.3 If you agree, we will try to deal with your request informally, for example by providing you with the specific information you need over the telephone.

Use of Cookies

This website uses cookies, which are small pieces of information sent by an organisation to your computer and stored on your hard drive to allow that website to recognise you when you visit. They are used to tailor your return visits and provide a more personalised experience, or to assist in monitoring website usage. They do not allow us to identify you as an individual.

Authentication, personalisation and security: cookies help us verify your account and device and determine when you log in, so we can make it easier for you to access the services and provide the appropriate experiences and features. We also use cookies to help prevent fraudulent use of login credentials.

Performance and analytics: cookies help us analyse how the services are being accessed and used, and enable us to track the performance of the services. For example, we use cookies to determine if you viewed a page or opened an email. This helps us provide you with information that you find interesting. We also use cookies to provide insights regarding your End Users and your sites’ performance, such as page views, conversion rates, device information, visitor IP addresses, and referral sites.

Third Parties: Third Party services may use cookies to help you sign into their services from our services. We also may use third-party cookies, such as Google Analytics, to assist with analysing performance. Any third party cookie usage is governed by the privacy policy of the third party placing the cookie. Our website may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

It is possible to disable cookies using your browser preferences. Please note that turning off cookies may affect the functionality of our website.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

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 site; 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.

Disclosure of your information

We may share your information with other business within the St Aubyn Estates portfolio. This includes the Godolphin Arms, Mount Haven Hotel, and St Michael’s Mount.

We may share your information with selected third parties including:

- Suppliers, sub-contractors and business partners for the performance of any contract we enter into with you or them.

- Analytics and search engine providers that assist us in the improvement and optimisation of our site.

We may disclose your personal information to third parties:

- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

- If St Aubyn Estates Holidays or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of use and other agreements; or to protect the rights, property, or safety of St Aubyn Estates Holidays, our guests, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

What happens if our business changes hands?

We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Any personal data that you have provided will, where it is relevant to any part of our business that is being transferred, be transferred along with that part. The new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by us.

In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes.

Changes to our privacy policy

We keep our privacy policy under regular review and we will place any updates on this page. This privacy policy was last updated on 16th May 2018.

We welcome your comments regarding this Privacy Policy. If you believe that St Aubyn Estates Holidays has not adhered to this Privacy Policy, please contact us at [email protected]. We will aim to use commercially reasonable efforts to promptly determine and remedy the problem.