Effective Date of this Privacy Notice November 20 2018
The Policy explains how we use any personal data we collect about you (either “user” or “you”) when you use the Website. This Policy is designed to protect you, our users, by informing you what personal data is collected, how we will use the information about you, with whom we share it, how long we keep it and how to contact us if you have any queries or concerns about our use of your personal information. Your use of the Website and any micro-sites is subject to your agreement with this Policy.
In this Policy, the term “personal data” or “personal information” means data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, our possession, and includes personal data as described in Data Protection Legislation (as defined below).
Please read the following carefully. Entering into this Website and providing your consent to our use of your personal data in accordance with the terms of this Policy indicates that the user has reviewed this Policy and has agreed to be bound by it. If you no longer consent to our processing of your personal data, you may request that we cease such processing by contacting us at firstname.lastname@example.org.
ITOA is committed to complying with all Data Protection Acts including the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) which replaces the previous data protection directive (officially Directive 95/46/EC) on May 25th 2018 (“Data Protection Legislation”).
What information do we collect about you?
Simply put, our function is to help maximise tourism for our member Incoming Tour Operators and represent the interests of Irish tourism businesses therein. As a visitor to our Website, we invite you to opt-in to receive further information from us. The provision of your personal information is entirely at your discretion. If you have decided to opt-in, we will require certain limited personal data from you. This will include your name, and email address. We may also ask for your postal address to determine the location of your business – this assists us in deciding where best to locate networking and promotional events and also for reporting purposes. In all cases, you can be assured that we seek only the most basic details. Website usage information is collected using cookies (see Cookies section below).
ITOA does not collect the kind of data that facilitates individual identifiable profiling without the consent of the owner of that data. We collect and collate generic information on all of our Website traffic; this is only ever used or represented in aggregate format.
How will we use the information about you?
We collect information about you to help us to manage our Website account and so we can email you with updates on tourism matters in Ireland.
We collect IP addresses from visitors to our Website (an IP address is a number that can uniquely identify a specific computer or other network device on the internet). This allows us to identify the location of users, to block disruptive use and to establish the number of visits from different countries. We analyse this data for trend and statistics reasons, such as which parts of our Website users are visiting and how long they spend there. We do not link your IP addresses to anything personally identifiable to you.
A cookie is a small text file that is placed on your hard disk by a web server which enables a website and/or mobile app to recognise repeat users, facilitate the user’s ongoing access to and use of a website and/or the mobile app and allows the website and/or mobile app to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising.
We use a combination of session cookies to control the website functionality. This type of cookie expires and is deleted when you close your browser.
Children under the age of 16
We ask that persons under the age of 16 do not submit any personal information to us. We will not knowingly accept any data from a person who is under the age of 16 years.
What rights do you have?
As a data subject, you have the following rights under the Data Protection Legislation:
• the right of access to personal data relating to you;
• the right to correct any mistakes in your personal data;
• the right to ask us to stop contacting you;
• the right to restrict or prevent your personal data being processed;
• the right to have your personal data ported to another data controller;
• the right to erasure; and
• the right to complain to the DPC if you believe we have not handled your personal data in accordance with the Data Protection Legislation.
These rights are explained in more detail below, but if you have any comments, concerns or complaints about our use of your personal data, please contact us (see ‘How to contact us’ below). We will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex or cumbersome, in which case we will respond within three months (we will inform you within the first month if it will take longer than one month for us to respond). Where a response is required from us within a particular time period pursuant to Data Protection Legislation, we will respond within that time period.
Right to access to personal data relating to you
You may ask to see what personal data we hold about you and be provided with:
• a summary of such personal data and the categories of personal data held;
• details of the purpose for which it is being or is to be processed;
• details of the recipients or classes of recipients to whom it is or may be disclosed, including if they are overseas and what protections are used for those oversea transfers;
• details of the period for which it is held (or the criteria we use to determine how long it is held);
• details of your rights, including the rights to rectification, erasure, restriction or objection to the processing;
• any information available about the source of that data;
• whether we carry out automated decision-making, or profiling, and where we do, information about the logic involved and the envisaged outcome or consequences of that decision making or profiling; and
• where your personal data are transferred out of the EEA, what safeguards are in place.
Requests for your personal data must be made to us (see ‘How to contact us’ below) specifying what personal data you need access to, and a copy will be retained on your personal file. To help us find the information easily, please give us as much information as possible about the type of information you would like to see.
If, to comply with your request, we would have to disclose information relating to or identifying another person, we may need to obtain the consent of that person, if possible. If we cannot obtain consent, we may need to withhold that information or edit the data to remove the identity of that person, if possible.
There are certain types of data which we are not obliged to disclose to you, which include personal data which records our intentions in relation to any negotiations with you where disclosure would be likely to prejudice those negotiations.
We are entitled to refuse a data access request from you where (i) such request is manifestly unfounded or excessive, in particular because of its repetitive character (in this case, if we decide to provide you with the personal data requested, we may charge you a reasonable fee to account for administrative costs of doing so), or (ii) we are entitled to do so pursuant to Data Protection Legislation.
Right to update your personal data or correct any mistakes in your personal data
You can require us to correct any mistakes in your personal data which we hold free of charge. If you would like to do this, please:
• email, call or write to us (see ‘How can you contact us’ below);
• let us have enough information to identify you (e.g. name, registration details); and
• let us know the information that is incorrect and what it should be replaced with.
If we are required to update your personal data, we will inform recipients to whom that personal data have been disclosed (if any), unless this proves impossible or has a disproportionate effort.
It is your responsibility that all of the personal data provided to us is accurate and complete. If any information you have given us changes, please let us know as soon as possible (see ‘How to contact us’ below).
Right to ask us to stop contacting you
You can ask us to stop contacting you. If you would like to do this, please:
• email, call or write to us. Details can be found at this link.
• let us know what method of contact you are not happy with if you are unhappy with certain ways of contacting you only (for example, you may be happy for us to contact you by email but not by telephone).
We will provide you with information on action taken on a request to stop contacting you – this may be in the form of a response email confirming that you have ‘unsubscribed’.
Right to restrict or prevent processing of personal data
In accordance with Data Protection Legislation, you may request that we stop processing your personal data temporarily if:
• you do not think that your data is accurate (but we will start processing again once we have checked and confirmed that it is accurate);
• the processing is unlawful but you do not want us to erase your data;
• we no longer need the personal data for our processing, but you need the data to establish, exercise or defend legal claims; or
• you have objected to processing because you believe that your interests should override the basis upon which we process your personal data.
If you exercise your right to restrict us from processing your personal data, we will continue to process the data if:
• you consent to such processing;
• the processing is necessary for the exercise or defence of legal claims;
• the processing is necessary for the protection of the rights of other individuals or legal persons; or
• the processing is necessary for public interest reasons.
Right to data portability
In accordance with Data Protection Legislation, you may ask for an electronic copy of your personal data that you have provided to us and which we hold electronically, or for us to provide this directly to another party. This right only applies to personal data that you have provided to us – it does not extend to data generated by us.
The right to data portability also only applies where:
• the processing is based on your consent or for the performance of a contract; and
• the processing is carried out by automated means.
Right to erasure
In accordance with Data Protection Legislation, you can ask us to erase your personal data where:
• you do not believe that we need your personal data in order to process it for the purposes set out in this Policy;
• if you had given us consent to process your personal data, you withdraw that consent and we cannot otherwise legally process your personal data;
• you object to our processing and we do not have any legal basis for continuing to process your personal data;
• your data has been processed unlawfully or have not been erased when it should have been; or
• the personal data have to be erased to comply with law.
We may continue to process your personal data in certain circumstances in accordance with Data Protection Legislation.
Where you have requested the erasure of your personal data, we will inform recipients to whom that personal data have been disclosed, unless this proves impossible or involves disproportionate effort. We will also inform you about those recipients if you request it.
Right to complain to the DPC
If you do not think that we have processed your personal data in accordance with this Policy, please contact us in the first instance. If you are not satisfied, you can complain to the DPC or exercise any of your other rights pursuant to Data Protection Legislation. Information about how to do this is available on the DPC website at https://www.dataprotection.ie
If you post or send content which may reasonably be deemed to be offensive, inappropriate or objectionable anywhere on the Website or otherwise engage in any disruptive behaviour on any AVEA service, we may remove such content.
Where we reasonably believe that you are or may be in breach of any applicable laws, for example on hate speech, we may disclose your personal information to relevant third parties, including to law enforcement agencies or your internet provider. We would only do so in circumstances where such disclosure is permitted under applicable laws, including Data Protection Legislation.
We do our utmost to protect user privacy through the appropriate use of security technology. We restrict access to personal data our members and agents (Workshop administration providers) who need to know such personal data in order to operate, develop or improve the services that we provide. We ensure that we have appropriate physical and technological security measures to protect your information; and we ensure that when we outsource any processes that the service provider has appropriate security measures in place.
We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks that are presented by the processing of your personal data. In particular, we will consider the risks presented by accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.
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 any data transmitted to our Website and any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from (i) the transfer of data over communications networks and facilities, including the internet, or (ii) any delay or delivery failure on the part of any other service provider not contracted by us, and you acknowledge that the Website may be subject to limitations, delays and other problems inherent in the use of such communications facilities. You will appreciate that we cannot guarantee the absolute prevention of cyber-attacks such as hacking, spyware and viruses. Accordingly, you will not hold us liable for any unauthorised disclosure, loss or destruction of your personal data arising from such risks.
The ITOA site may also be linked to websites operated by third parties. These links are meant for your convenience only. Links to third party sites do not constitute endorsement on the part of ITOA of those sites and we are not responsible for the privacy practices of the owners and operators of those sites. We encourage you to review the privacy policies and practices on each site which asks you to submit personal information.
We will notify serious data breaches to the DPC without undue delay, and where feasible, not later than 72 hours after having become aware of same. If notification is not made after 72 hours, we will record a reasoned justification for the delay; however, it is not necessary to notify the DPC where the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. A personal data breach in this context means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.
We will keep a record of any data breaches, including their effects and the remedial action taken, and will notify you of any data breach affecting your personal data (which poses a high risk to you) when we are required to do so under Data Protection Legislation. We will not be required to notify you of a data breach where:
• we have implemented appropriate technical and organisational measures that render the personal data unintelligible to anyone not authorised to access it, such as encryption; or
• we have taken subsequent measures which ensure that the high risk to data subjects is not likely to materialise; or
• it would involve disproportionate effort, in which case we may make a public communication instead.
Who we share your data with
We may disclose your personal information to any business unit, company or other corporate entity under the control and direction of ITOA
ITOA may also share your information in the following, highly unlikely instances:
• where it is required by applicable law or pursuant to a court or similar order
• where it is required urgently to prevent serious loss or damage to property of ITOA
• where it is required for the purposes of obtaining legal advice or for the purposes of, or in the course of, legal proceedings to which ITOA is a party or a witness.
We may also use service providers to help us run the Website or services available on the Website. Any third parties who access your data in the course of providing these services on our behalf are subject to strict contractual restrictions to ensure that your data is protected, in compliance with Data Protection Legislation.
We may also use your data, or permit carefully selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these. This would be limited to instances where we feel there would be legitimate mutual business interest. We reserve the right to access and disclose personal data in compliance with Data Protection Legislation.
Where we store your 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. By submitting your personal data, you consent 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 Policy. The safeguards in place with regard to the transfer of your personal data outside of the EEA are the entry by us into appropriate contracts with all transferees of such personal data.
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
How long will we retain your personal data?
ITOA complies with the highest standards when collecting and using personal information. No personal information will be retained for longer than is necessary to fulfill a legitimate business need or as required by applicable law. If you have not engaged with us for 3 years then we will delete your personal details from our database.
Changes to the Policy
We keep our Policy under regular review and we reserve the right to amend this Policy at our discretion and users shall be deemed to accept the modified Policy by continuing to access the Website to submit personal information on or after the date of modification. We will place any updates on this Website.
How to contact us
The data controller (as defined in Data Protection Legislation) for the Website and services provided through the Website is ITOA PO Box 65, Bray, Co Wicklow, Ireland.
You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email or write to us at:
PO BOX 65
We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate.
We will not levy any charge in respect of the above actions.