Client Privacy Policy

BACKGROUND:

In this Policy, unless specified otherwise, words and phrases shall have the same meanings as specified in Our Terms and Conditions for Agency- Providing Booking and Management Services

WHERE TO STAY APARTMENTS LTD, a company incorporated in Scotland with registered number SC719100 and whose registered office is at Firbrae, Mellerstain, Gordon, Scotland, United Kingdom, TD3 6LG (“We/Us/Our”) understands that your privacy as a Client is important to you and that you care about how your personal data is used and shared. 

We respect and value the privacy of Our Client(s) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law. Please read this Privacy Policy carefully and ensure that you understand it. 

1. Information About Us

1.1 Our services are owned and operated by us.

2. What does this Policy cover?

2.1 This Privacy Policy applies only to Our use of data gathered by Us in any Client’s (“you/ your”)  use of Our booking and management services as specified in Our Terms and Conditions (“Services”).

3. What is Personal Data?

3.1 Personal data is defined by the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) (where applicable in relation to the storage retention and processing of EU personal data), the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

3.2 Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

4. What are my Rights?

Under the Data Protection Legislation, a Client as an individual has the following rights, which We will always work to uphold:

1. The right to be informed about Our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact Us to find out more or to ask any questions using the details in Part 13.

   
   

2. The right to access the personal data We hold about you. Part 13 will tell you how to do this.

   
   

3. The right to have your personal data rectified if any of your personal data held by Us is inaccurate or incomplete. Please contact Us using the details in Part 13 to find out more.

   
   

4. The right to be forgotten, i.e. the right to ask Us to delete or otherwise dispose of any of your personal data that We hold. Please contact Us using the details in Part 13 to find out more. (We only hold personal data for certain periods of time, as explained in Part 7 but if you would like Us to delete it sooner, please contact Us using the details in Part 13). Please note that deletion of certain personal data may prevent Our Services from functioning;

   
   

5. The right to restrict (i.e. prevent) the processing of your personal data.

   
   

6. The right to object to Us using your personal data for a particular purpose or purposes.

   
   

7. The right to withdraw consent. This means that, if We are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.

   
   

8. The right to data portability. This means that, if you have provided personal data to Us directly, We are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask Us for a copy of that personal data to re-use with another service or business in many cases.

   
   

9. Rights relating to automated decision-making and profiling. We do not use any of these.

4.2 For more information about Our use of your personal data or exercising your rights as outlined above, please contact Us using the details provided in Part 13.

4.3 It is important that your personal data is kept accurate and up-to-date. If any of the personal data We hold about you changes, please keep Us informed as long as We have that data.

4.4 Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

4.5 If you have any cause for complaint about Our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

4.6 We would welcome the opportunity to resolve your concerns Ourselves, however, so please contact Us first, using the details in Part 13. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office details of which can be found here https://ico.org.uk/.

5. What data do we collect and how?

Depending upon your use of Our Services, We collect and hold some or all of the personal and non-personal data set out below, using the methods also set out in the table. 

5.1 We do not collect ‘special category’ or ‘sensitive’ personal data. Special Category data is:

1. personal data revealing racial or ethnic origin;

2. personal data revealing political opinions;

3. personal data revealing religious or philosophical beliefs;

4. personal data revealing trade union membership;

5. genetic data;

6. biometric data (where used for identification purposes);

7. data concerning health;

8. data concerning a person’s sex life; 

9. personal data pertaining to children (any person under the age of 18 years); and

10. data concerning a person’s sexual orientation.

Data Collected:

1. Identity Information including: name, title, date of birth and gender.

ii. Contact information including: email addresses, telephone numbers, residential addresses.

iii. Profile information including: Post codes, preferences.

How we collect the data respectively:

1. Collected when you contact Us, and through the contract for Services.
   
   

2. Through contract for Services, email and mobile prior that via direct contact or advertisement.
   
   

3. Collected through your use of the Services.

6. How do we use your personal data?

6.1 Under the Data Protection Legislation, We must always have a lawful basis for using personal data. The following table describes how We may use your personal data, and Our lawful bases for doing so:

What We Do/ Lawful Basis/ requirement for collecting personal data:

1. Providing and managing your access to Our Services.

2. Personalising and tailoring your experience on Our Services.

3. Administering our services.

4. Supplying Our Products and/ Services.

5. Personalising and tailoring Our Services for Clients.

6. Communicating with Clients including in emergencies.

7. Supplying Clients with information by that Clients have opted-in-to (you may opt-out at any time by unsubscribing using the links provided in Our emails.

What date we use respectively:

1. Name, title, date of birth and gender, company name, email, phone number, addresses, postcodes.

2. Name, title, date of birth and gender, company name, email, phone number, preferences, addresses, postcodes.

3. Name, title, date of birth and gender, company name, email, phone number, preferences, addresses, postcodes.

4. Name, title, date of birth and gender, company name, email, phone number, preferences, addresses, postcodes.

5. Name, title, date of birth and gender, company name, email, phone number, preferences, addresses, postcodes.

6. Name, title, date of birth and gender, company name, email, phone number, preferences, addresses, postcodes.

7. Name, title, date of birth and gender, company name, email, phone number, preferences, addresses, postcodes.

6.2 With your permission and/or where permitted by law, We may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and/or text message and/or post with information, news, and offers on Our products and Services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with  Our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. 

6.3 We will only use your personal data for the purpose(s) for which it was originally collected unless We reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If We do use your personal data in this way and you wish Us to explain how the new purpose is compatible with the original, please contact Us using the details in Part 13.

6.4 If We need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, We will inform you and explain the legal basis which allows Us to do so.

6.5 In some circumstances, where permitted or required by law, We may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

7. How long will we keep your personal data?

7.1 We do not keep personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):

7.2 We retain personal data pertaining to a Client for as long as the Client has a contract for the Services and for a period of 3 years after termination/expiry of the contract for the Services. Data will then be deleted or anonymised.

8. How and where do we store or transfer your personal data?

8.1 We will store some of your personal data] in the UK. This means that it will be fully protected under the Data Protection Legislation. Some of your persona data will be storeed within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the EU GDPR and/or to equivalent standards by law. Transfers of personal data to the EEA from the UK are permitted without additional safeguards.

8.2 Some of your personal data will be stored in countries outside of the UK. These are known as “third countries”. We will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows:

We will store or transfer personal data in to countries that are deemed to provide an adequate level of protection for personal data. For further information about adequacy decisions and adequacy regulations, please refer to the Information Commissioner’s Office; or

We will use specific approved contracts which ensure the same levels of personal data protection that apply under the Data Protection Legislation. For further information, please refer to the Information Commissioner’s Office.

8.3 Please contact Us using the details below in Part 13 for further information about the particular data protection safeguards used by Us when transferring your personal data to a third country.

8.4 The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:

1. limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;

2. procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so.

9. Do we share your personal data?

9.1 If We sell, transfer, or merge parts of Our business or assets, your personal data may be transferred to a third party. Any new owner of Our business may continue to use your personal data in the same way(s) that We have used it, as specified in this Privacy Policy.

9.2 In some limited circumstances, We may be legally required to share certain personal data, which might include yours, if We are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

9.3 We may share your personal data with other companies in Our group for administration and company management purposes. This includes subsidiaries. 

9.4 We sometimes contract with the following third parties to process data to supply certain products and services and process data on Our behalf:

Recipient 1:

Websites.

Activity carried out:

We use the Websites as part of the Services to upload details of the Accommodation onto these Websites with a view to Guests making a Booking.

Sector:

Digital booking platforms and websites for holiday lettings/ short term lets.

Location:

Global 

For more information on the specific Websites We use for your Accommodation please contact Us using the contact us information in Part 13.

Recipient 2:

Eviivo Limited.

Activity carried out:

We use this platform for channel management to seamlessly connect to and manage a Client’s Bookings made by Guests on the various Websites we use as part of the Services.

Sector:

Channel Manager software.

Location:

UK, EEA, Tunisia, and Gobal.

For more information see: https://eviivo.com/privacy-policy/

Recipient 3:

Marketplace Merchant Solutions Limited, trading as  Clover ™ and Clover Network, LLC.

Activity carried out:

We use Clover to manage any deposits collected when a Guest makes a Booking through the Agency Website.

Sector:

Point of Sale and deposit services.

Location:

UK, EEA, Tunisia, and Gobal.

For more information see: https://www.clover.com/privacy-policy#8-how-long-will-you-use-my-personal-data

9.5 If any of your personal data is shared with a third party, as described above, We will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, Our obligations, and the third party’s obligations under the law, as described above in Part 8.

9.6 If any personal data is transferred outside of the UK or European Union, We will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK/ European Union and under the Data Protection Legislation, as explained above in Part 8.

10. How can I control my personal data?

10.1 In addition to your rights under the Data Protection Legislation, set out in Part 4, when you submit personal data via Our Services, you may be given options to restrict Our use of your personal data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails).

10.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

11. Can I withhold information?

11.1 You may restrict certain information and Personal Data you give to Us but this may mean that We are unable to provide certain Services or the Services will not function as intended.

12. How can I access my personal data?

12.1 If you want to know what personal data We have about you, you can ask Us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

12.2 All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 13. 

12.3 There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover Our administrative costs in responding.

12.4 We will respond to your subject access request within 28 days and, in any case, not more than one month of receiving it. Normally, We aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date We receive your request. You will be kept fully informed of Our progress.

13. How do you contact us?

13.1 To contact Us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:

Email address: clients@wheretostay.co.uk.

Postal Address: Where to Stay Apartments, Firbrae, Mellerstain, Gordon, Scotland, United Kingdom, TD3 6LG.

14. Changes to this privacy policy

14.1 We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if We change Our business in a way that affects personal data protection.

14.2 If the changes materially affect the way in which we collect, process, retain or store your personal data, you will be required to accept these revised terms. Any minor changes will be deemed to have been accepted on your first use of Our Services or use of Our Services following the minor alterations. We recommend that you check this page regularly to keep up-to-date. This Privacy Policy was last updated on 5th December 2024.