DEFINITION OF PERSONAL DATA
‘Personal Data’ is defined as any information (however stored) relating to a living individual or an individual who has been deceased for less than thirty (30) years who can be identified-
- from the information alone; or
- from the information and other information in the possession of, or likely to come into the possession of Chukka.
TYPES OF PERSONAL DATA WE COLLECT
This Policy explains our practices with regard to Personal Data collected by Chukka for its own business purposes. We may collect the following types of Personal Data:
- Contact Information that allows us to communicate with you which include but is not limited to your name, date of birth, mailing address, telephone numbers, email address or other addresses that allow us to send you messages.
- Relationship Information that helps us do business with you, such as the types of products and services that may interest you.
- Transaction Information about how you interact with Chukka including inquiries, information about how you use our Site as well as our products and services.
- Financial Information which includes data relating to your means and methods of payment, such as your bank account and payment card details.
- Technical Information which may include passively collected technical data, such as your internet protocol (IP) address, 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 the Site.
- Communications and Profile Information which may include our communications with you, such as your preferences in relation to whether you want to receive marketing materials. This also includes the data that we receive if and when you create a customer profile on our Site and make use of that profile, such as your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
- Applicant Information. In the case of prospective employees, we may also receive professional or education-related information in connection with your application for employment.
- Special Categories of Personal Information. During our interactions we may collect certain categories of Personal Data about you such as health related information or characteristics protected under local or international laws. We may also receive this information passively, as a result of a group you travel with, for instance if you are part of a group booking by a specific religious association.
The above is a non-exhaustive list which is reflective of the varied nature of the Personal Data processed as part of providing our services and products.
PERSONAL DATA COLLECTION
Chukka collects and uses Personal Data only as necessary to provide our services and products, including but not limited to developing, assessing, and optimizing the Site functionality, the services, products and user experience. We only collect Personal Data if non-identifying information will not suffice. We minimize our collection and use of Personal Data to what is needed for these purposes.
We use different methods to collect information from and about you, including through:
- Direct Interactions. You may give us your Identity, Contact, Profile, and Financial Information by filling in forms or by corresponding with us through the Site, by mail, phone, email, social media, or otherwise. This includes Personal Data you provide when you: make a booking or request a quote for travel arrangements; sign up for emails; enter a competition, promotion, or survey; give us feedback; or use our online payment and customer portals.
- Third Parties. We may receive Personal Data about you from various third parties. For example, your travel agent may book travel on your behalf through our Site, in which case your travel agent would supply us with your Identity, Contact and Financial Information. You may also interact with a third-party destination management company once you reach your travel destination, in which case they may provide your Personal Data to us. We may also receive technical data about you from third party analytics and advertising providers, such as Google or Facebook, and social media platforms.
HOW WE USE PERSONAL DATA
We use Personal Data as permitted by law and for the following business purposes:
- Creation of itinerary and trip planning;
- To process and deliver your booking including: putting final itinerary together and adding additional requests; manage payments, fees and charges; and collect and recover money owed to us;
- To manage our relationship with you;
- To request or enable you to participate in a competition, or complete a survey;
- To deliver relevant Site content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you;
- To administer and protect our business and this Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data);
- To use data analytics to improve our Site, products/services, marketing, customer relationships, experiences, and to make suggestions about products or services that may be of interest to you; and
- Where we need to comply with legal or regulatory obligations.
HOW WE SHARE PERSONAL DATA
We will limit sharing of your Personal Data as follows-
- We may share your Personal Data with an affiliate or associated entity of Chukka for essential purposes such as to: comply with law; investigate / prevent potential security incidents or fraud; facilitate the functionality of the Site; provide information to you related to your safety; enforce contracts between us and you; protect our operations, rights, privacy, safety or property, security, and that of our affiliates; allow us to pursue available remedies or limit the damages that we may sustain.
- We may share your Personal Data to comply with applicable laws or regulations, respond to a court order, or to comply with a similar legal obligation to produce information.
- We may share your Personal Data to establish or exercise Chukka’s legal rights or defend against legal claims.
- We may share your Personal Data to investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud or situations involving potential threats to the reputation or safety of any person.
- We may share your Personal Data for the purposes of the due diligence required by or for the completion of a transaction such as a merger, acquisition, asset sale, partnership or joint venture. We will comply with any applicable legal requirements, including notice requirements, that apply to such transactions.
- We may share your Personal Data with third parties including: service providers providing travel-related services and products in connection with bookings, for example, airlines or third-party destination management companies; professional advisers including lawyers, bankers, accountants, auditors, and insurers; vendors, including information technology service providers, advertising, and recruiting; public and government authorities and regulators; and with research agencies to do demographic-type studies on our customer base.
- Otherwise, we will only disclose your Personal Data where you have directed us or give us permission to do so.
Please note this list is non-exhaustive and there may be other examples where we need to share your Personal Data with other third parties in order to provide our services and products as effectively as we can.
Any third party to whom we have shared your Personal Data will be bound by law or contract to protect your Personal Data and only use your Personal Data in accordance with our instructions. You shall not hold us liable for the manner in which your Personal Data is processed and/or used by any third-parties.
TRANSFER OF PERSONAL DATA OUTSIDE OF JAMAICA
We may need to transfer Personal Data to third-parties located in a territory outside of Jamaica for further processing in accordance with the purposes for which the Personal Data was originally collected or for purposes to which you have subsequently consented.
By accessing and/or using our Site, services and products you hereby consent to the transfer of your Personal Data to a territory outside of Jamaica whenever such need may arise.
You shall not hold us liable for the manner in which your Personal Data is processed and/or used by any third-parties which are situated outside Jamaica.
RETAINING AND DISPOSING OF PERSONAL DATA
Chukka shall not be held responsible for any loss, damage or claim that may arise due to any inaccurate, incomplete, or otherwise deficient Personal Data which you have provided to us.
SAFEGUARDING PERSONAL DATA
The security of your Personal Data is taken very seriously by Chukka. Chukka has put in place reasonably appropriate technical and organizational safeguards to protect Personal Data against theft, loss and unauthorized access, use and disclosure. Chukka’s partners, employees, consultants, agents, independent contractors and data processors (i.e. those who process your Personal Data on our behalf, for the purposes listed above), who have access to, and are associated with the processing of your Personal Data are obligated to protect your Personal Data by adhering to our policies, practices and applicable laws.
Chukka, however, does not warrant or make any representations that your Personal Data may not be accessed, used, disclosed, altered, or destroyed by breach of such safeguards. Chukka will immediately notify any user whose Personal Data has been affected by a security breach and will maintain an incident response policy that includes notifications consistent with applicable law.
DATA PROTECTION RIGHTS
You will have the following rights with respect to your Personal Data:
- Access: You are entitled to ask us if we are processing your Personal Data and, if so, you can request access to the Personal Data. This enables you to receive (1) the categories of Personal Data we have collected about you; (2) the categories of sources from which the Personal Data was collected; (3) the business or commercial purpose for collecting or selling (if applicable) your Personal Data; (4) the categories of third parties with whom we shared Personal Data; and (5) the specific pieces of Personal Data we have collected about you.
- Rectification: You are entitled to request that any incomplete or inaccurate Personal Data we hold about you is rectified. If you are entitled to rectification and if we have shared your Personal Data with others, we will notify such other persons about the rectification where possible. If you make such a request, where possible and lawful to do so, we will also tell you the persons with whom we have shared your Personal Data so that you may contact such persons directly. Chukka will not be held responsible for any loss, damage or claim that may arise due to any inaccurate, incomplete, or otherwise deficient Personal Data which you have provided to us.
- Erasure: You are entitled to ask us to delete or remove Personal Data in certain circumstances such as where we no longer need it or if you withdraw your consent (where applicable). There are also certain exceptions where we may refuse a request for erasure, for example, we may retain Personal Data as permitted by law, such as for tax or other record keeping purposes, if you have an upcoming reservation or to maintain an active account, and to process transactions and facilitate customer requests. If you are entitled to erasure and if we have shared your Personal Data with others, we will notify such other persons about the erasure where possible.
- Restriction: You are entitled to ask us to suspend the processing of your Personal Data, for example, if you would like for us to establish its accuracy or the reason for processing it.
- Transfer: You may request that we transfer certain of your Personal Data to another party.
- Objection: You are entitled to ask us to stop processing your Personal Data in certain circumstances, for example, where the processing is likely to cause substantial damage or distress except if we can demonstrate compelling legal grounds for the processing. You also have the right to object where we are processing your Personal Data for direct marketing purposes. You may opt-out of receiving direct marketing from us at any time by following the unsubscribe link in any marketing message sent to you, or by sending an email to firstname.lastname@example.org. If you opt out, you will still receive communications that are required as a result of a purchase of travel arrangements or other such transactions, and you may also receive important communications about us or the Site.
- Automated decisions: You may contest any automated decision made about you where this has a legal or similar significant effect and ask for it to be reconsidered.
- Consent: If we rely on your explicit consent as our legal basis for processing your Personal Data, you may withdraw your consent at any time. However, we note that 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 our services and products to you. We will of course advise you, if this is the case, at the time you withdraw your consent.
Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process your Personal Data.
If you would like to exercise any of the abovementioned rights, you may contact us.
The Site is intended for use by persons who are 18 years of age or over. We do not knowingly collect Personal Data on the Site from children under age 18, but to the extent we may incidentally hold such information, for example as part of a family booking, those individuals and/or a parent or guardian may exercise privacy rights enjoyed under applicable law by contacting us as indicated in this Policy.
COOKIES AND SIMILAR TECHNOLOGIES
LINKS AND THIRD PARTY WEBSITES AND APPLICATIONS
This Policy shall be governed by and construed in accordance with the laws of Jamaica.
This Policy was last updated on [November 18th, 2021]. We will update this Policy from time to time to reflect any changes to our use of your Personal Data. We may also update this Policy as required to comply with changes in applicable law or regulatory requirements. Our obligations will be determined having regards to the Policy as amended from time to time and not the policy at the time the Personal Data was collected by us. We will post notifications of any changes to this Policy on our website and we encourage you to check our website periodically so as to become aware of any changes to this Policy.
If you have any questions, concerns or suggestions about our privacy practices, please contact us.