Article 13 of Regulation EU 2016/679
This Privacy Notice provides information as required under Articles 13 and 14 of the European General Data Protection Regulation (GDPR) regarding the transparency of personal data processing. Definitions of certain terms within this notice are explained in the appendix.
2. The Data Controller for personal data
The Data Controller for the personal data processed by TravelStore, Inc. is the Client Company of TravelStore, Inc. (the employer of the individual whose data is collected, hereafter referred to as the Data Subject). The Data Controller will pass personal data of their employees to TravelStore, Inc. to process travel related transactions on behalf of those employees in connection with their business travel. TravelStore, Inc., as Data Processor acting on the instructions of the Data Controller under a written contract with them, will subsequently use that personal data to facilitate travel arrangements for the Data Subject. It is this contract which forms the ‘Legal Basis’ for the processing of personal data carried out by TravelStore, Inc. in these circumstances.
TravelStore, Inc. will also become a Data Controller if it collects additional personal data directly from a Data Subject. In these circumstances TravelStore, Inc. will be acting under a ‘Legitimate Interest’ to legally process the data for the management of travel for the Data Subject and to fulfil the contractual requirements for its Client. TravelStore, Inc. also acts as a Data Controller for any personal data held regarding its own employees, and legally processes this data under its Contract of Employment with those Data Subjects.
3. Your Rights
As a Data Subject you have rights under the GDPR. These rights can be seen below. TravelStore, Inc. will always fully respect your rights regarding the processing of your personal data.
4. Data Protection Principles
TravelStore, Inc. has adopted the following principles to govern its collection and processing of Personal Data:
- Personal Data shall be processed lawfully, fairly, and in a transparent manner.
- The Personal Data collected will only be those specifically required to fulfil travel, accommodation, or other travel-related requirements. Such data may be collected directly from the Data Subject or provided to TravelStore, Inc. via his /her employer. Such data will only be processed for that purpose.
- Personal Data shall only be retained for as long as it is required to fulfill contractual requirements, or to provide travel related data/statistics to our Client Company.
- Personal Data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and/or processed. Personal Data shall be accurate and, where necessary, kept current.
- The Data Subject has the right to request from TravelStore, Inc. access to and rectification or erasure of their personal data, to object to or request restriction of processing concerning the data, or to the right to data portability. In each case such a request must be in writing.
The Data Subject has the right to make a complaint directly to TravelStore, Inc.
Personal Data shall only be processed based on the legal basis explained in section 2 above, except where such interests are overridden by the fundamental rights and freedoms of the Data Subject which will always take precedent. If the Data Subject has provided specific additional Consent to the processing, then such consent may be withdrawn at any time (but may then result in an inability to fulfil travel requirements).
- TravelStore, Inc. will not use personal data for any monitoring or profiling activity or process, and will not adopt any automated decision making processes.
6. Transfers to Third Parties
To fulfill the processing of travel related transactions for a Data Subject it will in most cases be necessary to process personal data via a third party (these will include but are not limited to; airlines, hotels, car rental companies, and/or Visa/Passport companies). Personal Data shall only be transferred to, or processed by, third party companies where such companies are necessary for the fulfilment of the travel transaction.
Personal Data shall not be transferred to a country or territory outside the European Economic Area (EEA) unless the transfer is made to a country or territory recognized by the EU as having an adequate level of Data Security, or is made with the consent of the Data Subject, or is made to satisfy the Legitimate Interest of TravelStore, Inc., in regard to its contractual arrangements with its clients.
All internal group transfers of Personal Data shall be subject to written agreements under the Company’s Intra Group Data Transfer Agreement (IGDTA) for internal Data transfers which are based on Standard Contractual Clauses recognized by the European Data Protection Authority.
Appendix – Definitions of certain terms referred to above:
(Article 4 of the GDPR): ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(Article 4 of the GDPR): means any operation or set of operations which is performed upon 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, erasure or destruction.
Legal Basis for Processing:
(Article 6 of the GDPR): At least one of these must apply whenever personal data is processed:
- Consent: the individual has given clear consent for the processing of their personal data for a specific purpose.
- Contract: the processing is necessary for compliance with a contract.
- Legal obligation: the processing is necessary to comply with the law (not including contractual obligations).
- Vital interests: the processing is necessary to protect someone’s life.
- Public task: the processing is necessary to perform a task in the public interest, and the task or function has a clear basis in law.
- Legitimate interests: the processing is necessary for the legitimate interests of the Data Controller unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
(Article 4 of the GDPR): this means the person or company that determines the purposes and the means of processing personal data.
(Article 4 of the GDPR): means a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller.
Data Subject Rights:
(Chapter 3 of the GDPR) each Data Subject has eight rights. These are:
- Right to be informed: organizations must tell individuals what data is being collected, how it’s being used, how long it will be kept and whether it will be shared with any third parties.
- Right of access: individuals have the right to request a copy of the information that an organization holds on them.
- Right to rectification: individuals have the right to correct data that is inaccurate or incomplete.
- Right to be forgotten: in certain circumstances, individuals can ask for the data an organization holds on them to be erased from their records.
- Right of portability: individuals can request that organization transfer any data that it holds on them to another company.
- Right to restrict processing: individuals can request that an organization limits the way it uses personal data.such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
- Right of portability: individuals can request that organization transfer any data that it holds on them to another company
- Right to object: individuals have the right to challenge certain types of processing, such as direct marketing.
- Right related to automated decision making including profiling: individuals are free to request a review of automated processing if they believe the rules aren’t being followed.