1. WHO WE ARE 

AWADS 2019 Limited is a wildlife watching company that’s part of a travel group. Together the group entities are data controllers for the purposes of this policy, which is issued on behalf of all brands and entities within the group.

 

2. THE DATA WE COLLECT ABOUT YOU

2.1 Personal Data

Uses We may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:

• Identity Data includes first name, last name, username or similar identifier, title, date of birth, age, gender, dive certification number, security camera recordings and recordings of telephone conversations

• Contact Data includes address, telephone numbers and email address • Financial Data includes payment card details

• Transaction Data includes details of your previous bookings with us, payments to and from you and other details of products and services you have purchased from 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

• Location Data includes global position system vehicle tracking and diagnostics (telematics) and other location information obtained from smartphones, tablets, sat-navs or other devices that monitor your current and previous geographic locations

• 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.

2.2 Aggregated Data

We also collect, use and share Aggregated Data such as statistical or demographic data, which may be derived from your personal data but is not personal data as it 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 that combined data as personal data which will be used in accordance with this Privacy Policy.

2.3 Sensitive Data

We do not collect any Sensitive Data about you (such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, genetic and biometric data). We do not collect any information about criminal convictions and offences.

2.4 If you don't provide your personal data

You do not have to provide your personal data when we request it, but if you choose not to, we may not be able to respond to your queries and perform any contract we have or are trying to enter into with you. That may mean we have to cancel a product or service you have with us. We will notify you at the time if that is the case.

3. HOW WE COLLECT YOUR PERSONAL DATA

3.1 Methods to collect personal data

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

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms on our websites and mobile applications, on third-party websites or in paper form or by corresponding with us by post, phone, email or otherwise.

That includes personal data you provide when you:

• make an inquiry or booking with us or otherwise apply for any of our products or services

• purchase a product or service from us

• create an account on our website or mobile applications • subscribe to our services or publications

• request marketing to be sent to you

• enter a competition, promotion or survey (including on third party social media platforms)

• give us feedback

• enter our premises on which security cameras are operating

• speak to us on the telephone

Automated technologies or interactions.

As you interact with our website and mobile applications, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Cookie Policy below for further details. We may combine Technical Data (some of which will be anonymous) with other personal data we have collected from you in order to understand and measure your online experiences and determine what products, promotions and services are likely to be of most interest to you.

Third parties or publicly available sources.

We may receive personal data about you from various third parties and certain public and technical sources:

• Technical Data from analytics providers such as Google, advertising networks such as Facebook, and Identity or Location Data when using our mobile app.

• Identity and Contact Data when you make a booking or apply for our products or services through a third party (such as a travel agent), through interactions (including transactions) with our service providers, business partners, agents, affiliates and subsidiaries (including other travel providers and insurance companies), from data brokers or aggregators such as Facebook and from publicly availably sources such as phone directories, membership lists, professional and trade associations, government, bankruptcy or court registry searches and electoral registers.

Purpose/Activity

New customers:

To register you as a new customer and to respond to your inquiries and any complaints

Type of data

 (a) Identity

(b) Contact

(c) Profile

Lawful basis for processing

Performance of a contract with you

 

Purpose/Activity

Facilitate bookings:

To provide and store quotes for retrieval and to process bookings including:

• managing payments, fees and charges

• collecting and recovering money owe to us

Type of data

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

Lawful basis for processing

(a) Performance of a contract with you

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

 

Purpose/Activity

Provide services:

To provide our services to you, i.e.:

• Operating wildlife-watching services

Type of data

(a) Identity

(b) Contact

(c) Medical

(d) Profile

(e) Financial Transaction

(f) Marketing and Communications

Lawful basis for processing

(a) Performance of a contract with you

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


Purpose/activity:

Relationship management

To manage our relationship with you, including:

• notifying you about changes to our terms or Privacy Policy

• asking you to leave a review or take a survey

• keeping you up to date with our latest news

Type of data

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

Lawful basis for processing

(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)

 

Purpose/activity:

Improve services

To constantly improve our products and services, tailor them to your needs, develop new product/service ideas and inform you of any changes to our products/services

Type of data

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

Lawful basis for processing

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to keep developing and improving our products/services in line with customer expectations)

 

Purpose/Activity

Improve customer service and investigate complaints

Record telephone calls to evaluate quality of customer service and facilitate training and investigation, including:


• Identifying further training needs of customer service staff

• Establish facts related to complaints and/or potential staff misconduct investigations

Type of data

a) Identity

b) Contact

c) Profile

d) Marketing and Communications

Lawful basis for processing

a) Performance of a contract with you

b) Necessary for our legitimate interests (to continuously improve our standard of customer service and investigate complaints)

Purpose/Activity:

Promotions

To enable you to:

• participate in prize draws, competitions and

• know about special offers and promotions, including on social media

Type of data

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

Lawful basis for processing

(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)


Purpose/Activity

Technical maintenance:

To administer and protect our business, content, websites and mobile apps including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data and monitoring for unauthorised use

Type of data

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Marketing and Communications

(f) Transaction

(g) Location

Lawful basis for processing

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and to prevent fraud)

(b) Necessary to comply with a legal obligation

(c) Performance of a contract with you


Purpose/Activity:

Advertising

To deliver relevant website content and advertising to you and measure the effectiveness of our advertising

Type of data

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical Necessary for our legitimate interests (to define types of customers for our products/services, to keep our website updated and relevant, to develop business and to inform our marketing strategy)

Purpose/Activity

Data analytics

To perform data analysis to:

• improve and personalise your experience on our platforms

• improve our products/services, marketing, customer relationships and experiences

Type of data

(a) Technical

(b) Usage

(c) Identity

(d) Profile

(e) Marketing and Communications

Lawful basis for processing

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)

Purpose/Activity

Promote our products and services:

To make suggestions and recommendations to you about goods or services that may be of interest to you

Type of data

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Location

Necessary for our legitimate interests (to develop our products/services and grow our business) services that may be of interest to you

(g) Marketing and Communications

Lawful basis for processing

Purpose/Activity

Provide location information: to enable real time vehicle location information relative to your position (Passenger App)

(a) Identity

(b) Contact

(c) Technical

(d) Location

Lawful basis for processing

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

4. HOW AND WHY WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to and typically only in the circumstances and for the purposes set out in the table below. Please see the Glossary for an explanation of the expressions used in the table.

5. MARKETING

5.1 Marketing and Advertising

We aim to provide you with choices about how your personal data is used for marketing and advertising purposes.

5.2 Marketing Communications

You will only receive marketing communications from us if you have opted in or consented to receiving those communications. We may use your personal data collected in those circumstances to contact you and keep you up to date with the latest news, events, special offers and promotions of our brands, including by email, text messages or post.

5.3 Subscription Preferences

You can update your subscription preferences or unsubscribe from marketing communications at any time by following the update preferences or unsubscribe instructions provided in each such communication.

5.4 Display Advertising

We may display advertising for you to see on third party websites, including social media sites such as Facebook. We do this by matching information about your activity on group websites with information collected on third party sites. That may involve using 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.

 

6. CALL RECORDING

6.1 Calls we record

We record all calls coming into the contact centre from public customer lines and all outbound calls and transfers made from contact centre extensions.

6.2 Storage of recorded calls 

Recorded calls are stored securely online by third party providers. Copies and transcripts of recorded telephone conversations may not be downloaded and sent internally or externally unless in compliance with our privacy and protection provisions. Call recordings may not be used for purposes other than those provided for by these provisions.

6.3 Privacy & Protections 

All customers are advised that their calls are being recorded by a pre-recorded announcement played on every incoming customer service line. 

Customers have the right to request copies of calls. In the event a customer’s request is granted, only the call recording is provided. We will not provide a transcript. 

Applications for the release of a copy of any recorded telephone conversation must be submitted in writing to the data protection officer.

Please contact the DPO using the details set out below

info@awads.co.nz

PO Box 26-601, Epsom, Auckland, New Zealand

In order to fully investigate a complaint or suspected case of staff misconduct, it may be deemed necessary to play a call recording to another staff member. Evaluation of such situations will be evaluated and decided on a case by case basis.

 

7. CHANGE OF PURPOSE

7.1 Using your Personal Data

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider we need to use it for another reason 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.

7.2 Personal Data for an unrelated 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. 6.3 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.

8. HOW WE SHARE YOUR PERSONAL DATA

8.1 We may have to share your personal data with the following parties for the purposes set out in the table above or for other purposes directly related to the purpose for which the information was collected.

Group companies:

Other companies in the group acting as joint controllers or processors and who are based in New Zealand and Australia provide IT, storage and system administration services and undertake leadership reporting.

Service providers:

Contracted third parties providing the following services:

• data processing

• IT and system administration

• marketing, market research and communication

• printing and distribution of marketing materials

• mailing, freight and courier

• price comparison websites

• professional advisers acting as processors or joint controllers, including lawyers, bankers, auditors, consultants, insurers and recruiters.

Other third parties:

• regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances and/or where disclosure is required by law

• 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

• other entities in the same or similar industries to us, for reasons of public safety or where the law requires or authorises us to do so

• other third parties that you have been informed of at the time any information is collected from you

7.2 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.

9. INTERNATIONAL TRANSFERS

9.1 For the most part, your personal data is collected, stored and processed outside the European Economic Area (EEA).

9.2 Certain entities in the Group may collect personal data inside the EEA.

9.3 If we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented.

9.3.1 We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.

9.3.2 Where we have entered into EU-approved standard contractual clauses with the recipient to give personal data the same protection it has in Europe.

10. YOUR RIGHTS

10.1 You have the following rights in relation to your personal data. Access: you can request access to a copy of the personal data we hold about you and to check that we are lawfully processing it.

Correction: you can request that any incomplete or inaccurate data we hold about you is corrected, though we may need to verify the accuracy of the new data you provide to us.

Erasure: you can ask us to delete or remove your personal data where there is no good reason for us continuing to process it, 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: where we are relying on a legitimate interest (or those of a third party) and you believe our processing of your personal data impacts your fundamental rights and freedoms, you may object to such processing for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.

Restrict processing: you can ask us to suspend the processing of your personal data:

(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.

Data portability: you can request that your personal data is transferred to you or a third party. We will provide you or a third party you have chosen with your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent: you may withdraw your consent to our processing of your personal data. If you do so, we may not be able to provide certain products or services to you. We will advise you if that is the case when you withdraw your consent.

10.2 If you wish to exercise any of the rights set out above, please contact our Data Protection Officer (see section 12 below).

10.3 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. If we choose to deny your request, we will inform you of the decision and your right to complain to the supervisory authority within the 1 month deadline.

10.4 What we may need from you: We may need to request specific information from you to help us confirm your identity and ensure that personal data is not disclosed to any person who has no right to receive it.

10.5 Time limit to respond: We respond to all legitimate requests without undue delay and at the latest within one month. Occasionally, if your request is particularly complex or you have made a number of requests, we may need to extend this by up to a period of two months, in which case we will notify you and keep you updated.

10.6 We are not responsible for information held by third parties. If you purchased a product from us that includes third party operated products, we will notify you of the contact details for the supplier(s) and as a courtesy contact the third party supplier(s) to notify them of your request, however we do not monitor whether they have taken any action. If your transaction was with a third party ticketing agent we will not contact the agent to notify them of your request. That is your responsibility.

10.7 We only act on direct requests. Except where there is a specific agreement between our group and the third party, we do not take action on requests made by you to third parties to remove personal information held by our group.

11. SECURITY OF YOUR PERSONAL DATA

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. 10.2 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. HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

12.1 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.

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 requirements.

13. CONTACT DETAILS

13.1 EU Supervisory Authorities: If you are an EU data subject and feel that your personal data has been processed in a way that does not comply with the GDPR, you may lodge a complaint with the relevant supervisory authority in your country. We would, however, appreciate the chance to deal with your concerns before you approach them, so please contact us in the first instance.

13.2 Data Protection Officer: We have appointed a data protection officer (DPO) who is responsible for overseeing privacy issues for our group. If you have any questions or complaints about this Policy, including any requests to exercise your rights in relation to your personal data, please contact the DPO using the details set out below.

Email address: info@awads.co.nz

Postal address: PO Box 26-601, Epsom, Auckland, New Zealand

14. CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

14.1 This version was last updated on 16th July 2019

14.2 We reserve the right to update and change this Privacy Policy at any time by posting changes on this webpage or applicable mobile apps. Changes will take effect from the time they are posted. We will use reasonable endeavours to communicate those changes to you on our website and mobile apps or via other channels that we think are suitable.

14.3 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.

GLOSSARY

Comply with a legal or regulatory obligation means processing your personal data where that is necessary for compliance with one of more of our legal or regulatory obligations.

Data controller means whomever determines the purposes and means of processing personal data.

Legitimate Interest means our interests 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. 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).

Performance of Contract means processing your data where that is necessary under a contract with you or to take steps at your request before entering into such a contract.

Personal data means any information about an individual that can be used to identify that person directly or indirectly by reference to a range of identifiers. It does not include anonymous data where the identity of the individual has been removed.

Processing means any operation or set of operations performed on personal data.

Processor means the entity that processes personal data on behalf of the controller.

GROUP COOKIE POLICY

By using any group website or mobile application, you confirm that you agree to the use of cookies and similar technologies in accordance with this cookie policy. This cookie policy provides information about the cookies and similar technologies we use on our websites.

What are cookies?

A 'cookie' is a small text file that is placed on your computer, phone or other device when you browse a website. Two kinds of cookies are used on our websites: session cookies and persistent cookies.

Session cookies are used to remember selections made in the booking process, giving you a more seamless booking experience on our websites. Session cookies are deleted automatically when you leave a website or close your browser.

Persistent cookies are used to help us identify customers when they return to our websites and help us remember certain information about customer preferences on our websites and customer online activity.

These cookies also help us understand browsing behaviour within our websites, which can assist us in customising content that we believe will be most relevant to your interests. Persistent cookies are stored on the user's computer or device and are not deleted when the browser is closed - these cookies must be 'manually' deleted if you want to remove them.

First and third party cookies

Our group sets cookies (first party cookies) on web pages; where we require additional information and services we also allow other companies to host cookies on our web pages (third party cookies). These partner companies have been carefully selected and monitored. Third party cookies that our partners set on our websites will support the customisation of advertisements viewed elsewhere on the internet and are required to meet contractual obligations they have with us.

What do we use cookies for?

We use cookies and similar technologies for the following key purposes:

• To operate our websites efficiently with a high level of functionality

• To measure the effectiveness of our marketing initiatives

• To learn about customer preferences so that we can present customers with web content and advertising that is relevant to them

• To measure the number of advertising referrals we have received to our websites from other websites

• To produce data for reporting on completed and abandoned bookings on our website

• To produce data on web traffic and customer web activity through our website Examples of cookies used on our websites

The cookies used are categorised into four groups, as specified in the International Chamber of Commerce UK Cookie Guide (April 2012):

Strictly Necessary cookies - these cookies are used for technical reasons and are necessary to enable our websites to operate efficiently so that visitors can navigate around our websites with ease and use specific features. These cookies do not gather information about you that could be used for marketing.

Performance cookies - these cookies are used to obtain statistics about the number of visitors to our websites and how our visitors use our websites, for example which pages are most popular. This information is aggregated and is not used to identify individuals. Such information allows us to continuously improve our websites to provide our customers with a better online experience (such as enabling users to find what they are looking for more easily). These cookies do not gather information about you that could be used for marketing.

Functionality cookies - these cookies are used to improve the functionality of our websites and make them easier for visitors to use. They help us to identify you as a repeat visitor to our websites and help us remember your preferences. These cookies help us remember your language preferences; and previous information you have entered onto our websites. The information collected by these cookies helps save you time and makes searching for the same journeys easier and quicker. We may use information about previous journeys and products you selected to present you with relevant offers next time you visit our websites.

Advertising/targeting cookies - these cookies are used to recognise you online and to gather information about your online activity and browsing habits (including the pages you have visited and the links you have followed, including from a group electronic direct marketing message). We may combine such information with other personal information that we have collected about you.

Category of cookie Example

Strictly necessary

  • AWADS Travel Performance/Tracking
  • Google Analytics
  • Google Optimize
  • Hotjar Functionality
  • Google Tag Manager
  • Advertising/Targeting Marketo
  • Facebook
  • In order to create a user profile for you.

These cookies, in combination with any user profile that we may create for you, assist us to make our websites and apps, and the advertising displayed on our group sites and third party websites and on our apps more relevant to you (i.e. by helping us tailor our content, marketing communications, offers and advertisements to your interests). For example, we may use information about the previous products you selected to present you with relevant offers the next time you visit our websites.

These cookies may be placed on our websites by us or by carefully selected third parties on our behalf (with our permission), in order to help us (with the assistance of carefully selected third parties where appropriate) to

(i) track the effectiveness of advertising and online marketing campaigns,

(ii) measure referrals from third party sites to our website,

(iii) collect data about completed and abandoned bookings on our website and

(iv) conduct market research.

Our group may share the information we learn through advertising/targeting cookies with carefully selected third parties for these purposes, unless you disable or block cookies.

For more information about advertising/targeting cookies and to understand your options, please visitwww.aboutads.info

How we respond to 'Do Not Track' browser signals

Some web browsers offer a "Do Not Track" signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Please be aware that our websites do not recognise 'Do Not Track' signals. If you would like to block some or all of the cookies on our websites, you can do this by manually adjusting the cookie settings on your internet browser.

Please see the section below titled 'How to control your cookie settings'.

We work with third parties that use online tracking technologies on our websites to provide tailored advertisements on our behalf and on behalf of other advertisers across the internet. These companies may collect information about your activity on our websites and your interaction with our advertising and other communications, and use this information to determine which ads you see on third party websites and applications.

How to control your cookie settings

If you would like to block some or all of the cookies on our websites from being downloaded onto your computer or device, you can do this by manually adjusting the cookie settings in your internet browser’s settings. If you choose to block some or all of the cookies on our website, parts of our website will not function correctly or may not function at all. This means we may not be able to offer our web services to you. You may not be able to search for travel, make a new booking, or change an existing booking on our website. Also, you may not be able to complete other online transactions that would normally be available on our website for your convenience.

For more information on how to control your cookie settings and browser settings on your computer, and how to delete cookies on your hard drive, please visit 

Changes to this cookie policy

We may make changes to this cookie policy from time to time. When we make changes, we will update the cookie policy on our websites. We will also specify the date of the last update. Translations Where a translation of this cookie policy is made available in a language other than English, in the event of a conflict between the English version of this cookie policy and any translation, the English version shall prevail.