We respect your need to understand how and why information is being collected, used, disclosed, transferred and stored. Thus we have developed this Policy to familiarize you with our practices. This policy sets out the way in which we process your information when you use our Website or other digital platforms in accordance with applicable data protection laws. It is important that you read this policy together with any other policies we may provide on specific occasions when we are collecting or processing your personal data, so that you are fully aware of how and why we are using your personal data. This policy supplements the other notices and is not intended to override them.DEFINING CONTROLLER OF PERSONAL DATA
A “Controller” is a person or organisation who alone or jointly determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. This notice is issued on behalf of VISTARA GETAWAYS as controller.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.
As the circumstances warrant VISTARA GETAWAYS may be Controller or Processor of your personal data.
Personal data includes any information about any user from which that person can be identified. It does not include personal data where the identity has been removed (anonymous data).
You may be asked for personal data anytime you are in contact with VISTARA GETAWAYS directly or indirectly through a third party.
We collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data 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 the combined data as personal data which will be used in accordance with this policy.
We do not collect any special categories of personal data about you through our Website (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
We collect, use, store and transfer different kinds of personal data about you. We have grouped together the following categories of personal data to explain how this type of information is used by us.
These terms are used throughout this Notice:
The only way we will get any kind of personal data is if you choose to give it to us in the following circumstances:
(a) Direct interaction:
When you use our Website we will use your personal data in the following circumstances:
a) “performance of a contract”: where we need to perform a contract which we are about to enter into or have entered into with you as a party or to take steps at your request before entering into such a contract;
b) “legal or regulatory obligation”: where we need to comply with a legal or regulatory obligation that we are subject to;
c) “legitimate interests”: where necessary for our interests provided that your fundamental rights do not override such interests. This can mean, for instance, that it is in our interest, to monitor how you are using our Website or client portals to ensure that the security of our Website or client portals or systems is maintained. 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; and
d) “consent”: We rely on consent as a legal basis for processing your personal data in relation to sending direct marketing communications to you via email or text message.
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).
USE OF PERSONAL DATA We will only process (i.e. use) your personal data when the law allows us to, that is, when we have a legal basis for processing. We generally use the information to establish and enhance our relationship with our users for the following purposes:
While you make a booking:
We may use your Personal Information available with us to ease your booking process. This information may include all the data provided by you earlier i.e. contact data. We may also use the information of travellers list as available in or linked with your account. This information is presented to the User at the time of making a booking to enable you to complete your bookings expeditiously.We may also use your Personal Information for several reasons including but not limited to:
Non-personal data is data which can never be used to identify an individual. We may collect information regarding customer activities on our various portals. This aggregated information is used in research, analysis, to improve and monitor products and for various promotional schemes. It may be shared in aggregated, non-personal form with third party to enhance customer experience, products offering or services.COOKIES AND OTHER TECHNOLOGIES
For your convenience, our Website provides links to other sites. When you click on one of these links, you are leaving our Website and entering another site. We are not responsible for such third party sites. You should carefully review the privacy statements of any other sites you visit, because those privacy statements will apply to your visit to such other sites.WITH WHOM YOUR PERSONAL DATA IS SHARED: Group Companies (Companies in the same group):
In the interests of improving personalization and service efficiency, we may, under controlled and secure circumstances, share your Personal Information with our affiliate or associate entities.
If the assets of VISTARA GETAWAYS are acquired, our customer information may also be transferred to the acquirer depending upon the nature of such acquisition. In addition, as part of business expansion/development/restructuring or for any other reason whatsoever, if we decide to sell/transfer/assign our business, any part thereof, any of our subsidiaries or any business units, then as part of such restructuring exercise customer information including the Personal Information collected herein shall be transferred accordingly.
Your information shall be shared with the end service providers like airlines, hotels, bus service providers, cab rental, railways or any other suppliers who are responsible for fulfilling your booking. You may note that while making a booking with VISTARA GETAWAYS you authorize us and consent to share your information with the said service providers and suppliers. It is pertinent to note that VISTARA GETAWAYS does not authorize the end service provider to use your information for any other purpose(s) except as for fulfilling their part of service. VISTARA GETAWAYS does not sell or rent individual customer names or other Personal Information of Users to third parties except sharing of such information with our business/alliance partners or vendors who are engaged by us for providing various services and for sharing promotional and other benefits to our customers from time to time basis their booking history with us.Third Party Vendors and Business Partners:
Due to the multinational character of VISTARA GETAWAYS, some of the affiliated companies and other recipients may be located in countries (including the United States) that do not provide a level of data protection equivalent to that set forth by the law in your home country. VISTARA GETAWAYS will take steps to make sure that such recipients act in accordance with applicable law and provide an adequate level of protection for your personal data including appropriate technical and organizational security measures, also through implementation of appropriate contractual measures to secure such transfer, in compliance with the applicable law.USER GENERATED CONTENT
VISTARA GETAWAYS provides an option to its users to post their experiences by way of reviews, blog articles, ratings and general poll questions. The customers also have an option to give their feedback or ask questions w.r.t a service offered by VISTARA GETAWAYS or post answers to questions raised by other users. VISTARA GETAWAYS may also engage a third party to contact you and gather your feedback about your recent booking with VISTARA GETAWAYS. Though the participation in the feedback process is purely optional, you may still receive emails, notifications (app, SMS, WhatsApp or any other messaging service) for you to share your review(s). These reviews may be written (with or without images) or in video format. The reviews written or posted will be visible on VISTARA GETAWAYS and may also be visible on other travel or travel related platforms.
Each User who posts review or ratings, Q&A, photographs shall have a profile, which other Users will be able to access. Other Users may be able to view the number of trips, reviews written, questions asked and answered and photographs posted Each User shall be diligent and take due care to ensure that the views expressed by you on the social media platform or VISTARA GETAWAYS website is not derogatory or oppose to law, public policy, morality, religion, caste, creed, colour, sex, race, culture, ethics, customs, traditions, decency, good conscience, third party intellectual property etc. By uploading pictures, views, images, contents, visuals, audios, experiences etc. on the social media platform or VISTARA GETAWAYS website, you consent to VISTARA GETAWAYS to use, reproduce, copy, upload pictures, views, look and feel, images, contents, visuals, audios, experiences etc. in any manner, as may deem fit by VISTARA GETAWAYS, without any responsibility, liability, compensation or cost due to you or any third party, on the part of VISTARA GETAWAYS. VISTARA GETAWAYS hereby disclaims all or any disputes, responsibilities, liabilities, litigations, costs, expenses, compensations etc., arising with respect to or in connection with the use, reproduction, copying, uploading of pictures, views, look and feel, images, contents, visuals, audios, experiences etc. contributed, shared, expressed by you, or on your behalf and/or otherwise to any third party.PERMISSIONS REQUIRED FOR USING OUR MOBILE APPLICATIONS
When the Vistara Getaway app is installed on your phone a list of permissions will appear and are needed for the smooth functioning of the application. The permissions that Vistara Getaway requires and the data that shall be accessed and its use are as below:Android permissions:
Location: This permission enables us to give you the nearest branch details from your location in case you require any physical assistance with regards to any travel query.
SMS: If you allow us to access your SMS, we can send you SMS related to ‘OTP’ and send holiday package details to your mobile number.
Phone: The app requires access to make phone calls so that you can make phone calls to our customer contact centers directly through the app.
Contacts: If you allow us to access your contacts, it enables us to provide a lot of social features to you such as sharing holiday packages with your friends, etc.
Photo/ Media/ Files: The libraries in the app use these permissions to save and cache images and document data for your ease and faster use of the app while you browse with us the next time. By saving image and document data locally, your phone doesn't need to re-download the same every time you use the app.IOS Permissions:
Notifications: If you opt in for notifications, it enables us to send across exclusive deals, promotional offers, travel related updates, etc. on your device.INFORMATION PROTECTION AND SECURITY
Taking into account the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of processing, including:(a) the pseudonymisation and encryption of personal data;
We ensure that those who have permanent or regular access to personal data, or that are involved in the processing of personal data, or in the development of tools used to process personal data, are trained and informed of their rights and responsibilities in when processing personal data.
To protect your personal data and prevent unauthorized access, we have put in place appropriate security measures and certifications. We have SSL site and user should use it to protect the information transmission while transacting online.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for. This includes, for example, the purposes of satisfying any legal, regulatory, accounting, reporting requirements, to carry out legal work, for the establishment or defence of legal claims.
We will retain your personal data in our databases in accordance with our document management, retention and destruction policy and applicable laws. This period may extend beyond the end of your relationship with us, but it will be only as long as it is necessary for us to have sufficient information to respond to any issues that may arise later. For example, we may need or be required to retain information to allow you to obtain credit for trip you purchased but had to cancel. We may also need the retain certain information to prevent fraudulent activity; to protect ourselves against liability, permit us to pursue available remedies or limit any damages that we may sustain; or if we believe in good faith that a law, regulation, rule or guideline requires it.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
This notice is effective as of September 24, 2018. We reserve the right to update or change this Policy at any time, and we will provide you with the updated policy when we make any substantial updates at the earliest either through email or by providing a prominent notice of change on our Website. You should check the policy periodically. Your continued use of our Website after we post any modifications to the policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified notice.YOUR RIGHTS
Under certain circumstances, you have rights under applicable data protection laws in relation to your personal data. It is our policy to respect your rights and we will act promptly and in accordance with any applicable law, rule or regulation relating to the processing of your personal data.
Details of your rights under General Data Protection Regulation (GDPR) are set out below:
(a) right to be informed about how personal data is used – you have a right to be informed about how we will use and share your personal data. This explanation will be provided to you in a concise, transparent, intelligible and easily accessible format and will be written in clear and plain language;
(b) right to access personal data – you have a right to obtain confirmation of whether we are processing your personal data, access to your personal data and information regarding how your personal data is being used by us;
(c) right to have inaccurate personal data rectified – you have a right to have any inaccurate or incomplete personal data rectified. If we have disclosed the relevant personal data to any third parties, we will take reasonable steps to inform those third parties of the rectification where possible;
(d) right to have personal data erased in certain circumstances – you have a right to request that certain personal data held by us is erased. This is also known as the right to be forgotten. This is not a blanket right to require all personal data to be deleted. We will consider each request carefully in accordance with the requirements of any laws relating to the processing of your personal data;
(e) right to restrict processing of personal data in certain circumstances – you have a right to block the processing of your personal data in certain circumstances. This right arises if you are disputing the accuracy of personal data, if you have raised an objection to processing, if processing of personal data is unlawful and you oppose erasure and request restriction instead or if the personal data is no longer required by us but you require the personal data to be retained to establish, exercise or defend a legal claim;
(f) right to data portability – in certain circumstances you can request to receive a copy of your personal data in a commonly used electronic format. This right only applies to personal data that you have provided to us (for example by completing a form or providing information through a Website). Information about you which has been gathered by monitoring your behaviour will also be subject to the right to data portability. The right to data portability only applies if the processing is based on your consent or if the personal data must be processed for the performance of a contract and the processing is carried out by automated means (i.e. electronically);
(g) right to object to processing of personal data in certain circumstances, including where personal data is used for marketing purposes – you have a right to object to processing being carried out by us if (a) we are processing personal data based on legitimate interests or for the performance of a task in the public interest (including profiling), (b) if we are using personal data for direct marketing purposes, or (c) if information is being processed for scientific or historical research or statistical purposes. You will be informed that you have a right to object at the point of data collection and the right to object will be explicitly brought to your attention and be presented clearly and separately from any other information; and
(h) right not to be subject to automated decisions where the decision produces a legal effect or a similarly significant effect – you have a right not to be subject to a decision which is based on automated processing where the decision will produce a legal effect or a similarly significant effect on you.
You may exercise any of the above-mentioned rights by sending a request to firstname.lastname@example.org. 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.
Additionally, in case you have any questions, comments or concerns about this Policy, you may contact email@example.com We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one calendar month. Occasionally it may take us longer than one calendar month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.