Data Protection Policy
The General Data Protection Regulation (GDPR) very significantly increases the obligations and responsibilities for organisations and businesses around how we collect, use and protect personal information. At the centre of the new law is a requirement for organisations and businesses, like ours, to be fully transparent about how we are using and safeguarding your personal information, and also to be able to demonstrate how we are accountable for any data processing activities that we undertake.
This is our guide to how personal data is managed by The Dualway Group, so please read it carefully.
As both a processor and handler of information data privacy is taken very seriously at The Dualway Group. It is important that you know exactly what we do with the personal information that you and others provide to us, why we gather it and what it means to you. This document outlines our approach to Data Privacy to fulfil our obligations under the General Data Protection Regulation [GDPR]. We also welcome it as an opportunity to reassure you of the importance we place on keeping your personal data secure, and of the strict guidelines we apply to its use.
We want you to be clear on:
- Who we are
- The information we collect about you
- When and how we collect information about you
- How we use your information*
- How we use analytics and automated processing platforms
- Who we share your information with
- How long we hold your information for
- Implications of not providing personal information
- The legal basis for using your information
- Processing your information outside Europe
- How to exercise your personal information rights
- How you should contact us
- Changes to this notice.
*This notice applies to all of our third party products, platforms and our own internal services. If you have any questions about how your information is gathered, stored, shared or used, please contact our Data Protection Officer. You have a number of rights in relation to your information, including the right to object to processing of your personal information for direct marketing or where the legal basis for our use of your data is our legitimate business interests or performance of a task in the public
Who we are
Throughout this document, “we”, “us”, “our” and “ours” refers to The Dualway Group and/or the team that works within the company.
We have a registered address at:
The information that we collect about you
There are a number of reasons for gathering information about you. For instance, we need to know how to get in touch with you, we need to be certain of your identity so we can offer you products and services that give you the best possible customer experience. This information that we collect falls into various categories.
Identity & contact information
Name, contact details, internet protocol addresses as well as cookie identifiers, email address, work and personal phone numbers.
Bank account details, personal or company provided, administration records.
Information you provide us about others or others provide us about you
Someone gives us information about you, we may add it to any personal information we already hold and we will use it in the ways described in this Data Privacy Notice. Before you disclose information to us about another person, you should be sure that you have their agreement to do so. You should also show them this Data Privacy Notice. You need to ensure they confirm that they know you are sharing their personal information with us for the purposes described in this Data Privacy Notice.
Sensitive categories of data
We will only hold this data when we need to for the purposes of the services we provide to you or where we have a legal obligation to do so. Examples of when we use this type of data include:
- Information about you provided by others
- If you give us information about someone else, or someone gives us information about you
- Information which you have consented to us using
- Your agreement to allow us contact you through certain channels to offer you relevant services
- Information from online activities
- We collect information about your internet browser settings or otherwise Internet Protocol (IP) and other relevant information to help us identify your geographic location when providing you with our services.
- Other personal information
Sometimes we may collect and use your information even though you are not a customer of ours. For example, you may be a supplier or a third party representative of one of our customers, or you may be in the process of engaging with one of our customers. In these cases, your own circumstances may have a material impact on the ability of our customers to perform their obligations to us, and we will need to consider these. If so, we will apply the principles outlined in this Data Privacy Notice when dealing with your information.
When and how we collect information about you
As you use our services, our third party affiliated products or make enquiries and engage with us, information is gathered about you. We may also collect information about you from other people and other parties, for example, when you are named in an application, from credit rating agencies and from sources where you have chosen to make your information publicly available, such as social media sites.
When we collect information about you:
- When you ask us to provide you with certain products and services. For example, third party analytical products or platforms may require us to collect relevant information from you
- When you use our website and the online services provided by us including mobile applications
- When you or others give us information verbally or in writing
- When you use our third party products or our internal services, we gather details about you
- When you make information about yourself publicly available on your social media accounts or where you choose to make information available to us through your social media account, and where it is appropriate for us to use it, this information can help enable us to do things like:
- Improve our service. For example, identifying common service issues
- Personalise your online experience with us, including through the use of videos or apps
- From your online activities with third parties where you have given us your consent. For example, by consenting to our use of certain cookies or other location tracking technologies
How we use your information
Whether we’re using it to confirm your identity, to help in the processing of a third parties product, avail of an internal service or to improve your experiences with us, your information is always handled with care and the principles outlined in this Data Privacy Notice are always applied.
We use your information:
- Should the need arise, to run loyalty and reward programmes you have signed up to
- Contact you by post, phone, text message, email and social media, but not in a way contrary to your instructions to us or contrary to law
- Recover bad debts you may owe us
- Manage and respond to a complaint
- To manage our business for our legitimate interests
- In order to manage our business we may use your information to:
- Carry out credit management checks
- Provide service information, to improve our service quality and for training purposes
- Conduct marketing activities and market research. For example, running competitions, promotions and direct marketing (provided that you have not objected to us using your details in this way), and research, including customer surveys, analytics and related activities
- To run our business on a day to day basis including to:
- Compile and process your information for statistical or research purposes (including, in some cases, making your data anonymous) in order to help us understand trends in customer behaviours and to understand our industry better
- The directors of the company may in the future wish to sell, transfer or merge part or all of their shareholding in the business or assets or to buy a new business or the assets of another business or enter into a merger with another business. If so, we may disclose your personal information under strict duties of confidentiality to a potential buyer, merger partner or seller and their advisers, so long as they agree to keep it confidential and to use it only to consider the possible transaction. If the transaction goes ahead, the buyers or merger partner may use or disclose your personal information in the same way as set out in this Data Privacy Notice
- To comply with our legal obligations, we need to use your information to comply with legal obligations including:
- Complying with your information rights
- Providing you with statutory and regulatory information and statements.
- Complying with court orders arising in civil or criminal proceedings
- Performing a task carried out in the public interest
- Where you have given us permission, which you may withdraw at any time
- In the case where you have given us permission, which you can withdraw at any time, we may:
- Send electronic messages to you about third party product providers and our own internal service offerings from our company and/or our selected and trusted partners
- Share your data with third parties so that they may send you electronic messaging about their own products and offers
- Use special categories of data, or sensitive data
- Use information you have made public and combine with this with the activities outlined above
- When we ask for your consent, we will provide you with more information on how we will use your data in reliance on that consent, including in relation to third parties we would like your consent to share your data with.
How we use analytics and automated processing platforms
We use automated statistical analysis of the information we collect about you as part of our business as a service provider, through;
- Analysis of your information, that helps us to make digital marketing related decisions
- Information you provide during your website visit or booking process
- Information that may already be held about you by our company
- Automated analysis of our customer and supplier information, including your information, as a whole helps us to manage our business for our legitimate interests.
- It enables us to:
- Make more informed business decisions, including improving the quality of third party products and internal services that we can offer. This includes information for the purposes of direct marketing, unless you have objected to us using your details in this way
- Automated analysis of your information assists us to comply with our legal obligations
- There are also certain automated analyses of your information that we will only carry out where you have given us your consent, which you can withdraw at any time
- We will only automatically process your information to enable us to undertake the following activities where we have your consent:
- Send electronic messages to you about third party products and our internal service offers from Dualway Group and/or our selected trusted partners
- Share your data with third parties so that they may send you electronic messaging about their own products and service offerings
- Use sensitive categories of data, as set out in data protection legislation
- Use information you have made public and combine this with the activities outlined above.
Who we share your information with
We only share your information with a select number of companies, and only as necessary. Sharing can occur in the following circumstances and/or with the following people or our authorised representatives:
- Third parties we need to share your information with in order to provide a full customer experience – such as Wi-Fi on board providers, booking system provider or any other platforms that we may use within our company to provide a service to you.
- We may disclose your information within our company to our staff and other third parties for administration, regulatory, customer care and service purposes, and in some cases to investigate or prevent fraud
- Companies that provide support services for the purposes of protecting our legitimate interests
- Your personal information remains protected when our service providers use it. We only permit third party service providers to use your information in accordance with our instructions, and we ensure that they have appropriate measures in place to protect your information
- Our service providers include marketing and market research companies, analytics companies, investment companies, IT and telecommunication service providers, software development contractors, data processors, computer maintenance contractors, printing companies, file storage companies, custodians and providers of administration services, archiving services suppliers, debt collection agencies, budgeting and advice agencies, auditors and consultants, including legal advisors
- We may also share information with the following third party providers to help us manage our business for our legitimate interests:
- Trade associations and professional bodies, non-statutory bodies and members of trade associations or organisations
- Persons making an enquiry or complaint
- Business partners and joint ventures, for example, where we have an arrangement with one of our other customers. In such cases, we, our business partners or those involved in the joint venture will let you know that your information is being shared and who it is being shared with.
- Statutory, regulatory bodies and law enforcement authorities. These include the Data Protection Commission, An Garda Síochána/police authorities/enforcement agencies, Revenue Commissioners, Criminal Assets Bureau, US, EU and other designated authorities in connection with combating cyber and other serious crimes as well as fraud prevention agencies.
How long we hold your information for
The length of time we hold your data depends on a number of factors, such as regulatory rules and the type of service that we have provided to you. Those factors include:
- The type of service that we have provided to you. For example, we may keep data relating to an ongoing contract for a longer period compared to a booking made on one of our own or third party tours via our platforms
- Whether you and us are in a legal or some other type of dispute with another person or each other
- The type of data we hold about you.
- Whether you or a regulatory authority asks us to keep it for a valid reason
- As a general rule, we keep your information for a specified period after the date on which service related transaction has completed or you cease to be a customer. In most cases this period is 1 year.
Implications of not providing personal information
Sharing information with us is in both your interest and ours as we need your information in order to:
- Provide our third party related products and internal services to you and fulfil our contract with you
- Manage our business for our legitimate interests
- Comply with our legal obligations
- Of course, you can choose not to share information, but doing so may limit the services we are able to provide to you.
- We may not be able to provide you with certain third party related products and internal services that you request
- We may not be able to continue to provide you with or renew existing third party related products and internal services
- We may not be able to assess your suitability for a third party related products and internal service, or, where relevant, give you a recommendation to provide you with additional services
- When we request information, we will tell you if providing it is a contractual requirement or not, and whether or not we need it to comply with our legal obligations
The legal basis for using your information
We will use your data and share that data where:
- It’s use is necessary in relation to a service or a contract that you have entered into or because you have asked for something to be done so you can enter into a contract with us
- It’s use is in accordance with our legitimate interests outlined in this notice
- It’s use is necessary because of a legal obligation that applies to us, except an obligation imposed by a contract.
- You have consented or explicitly consented to the using of your data, including special categories of data, in a specific way
- It’s use is necessary to protect your “vital interests”
- In exceptional circumstances we may use and/or disclose information, including special categories of data, we hold about you to identify, locate or protect you, for example, if it comes to our attention that you are in imminent physical danger and this information is requested by An Garda Síochána or your relative
- Where you have made clearly sensitive categories of data about yourself public
- Where the processing of special categories of data is necessary for the establishment, exercise or defence of legal claims
- Where authorised by law or regulation, we may undertake processing of special categories of data for a substantial public interest
- Where the processing of criminal conviction data is authorised by EU or local law.
Processing your information outside Europe
Your information is stored on secure systems within our premises and with providers of secure information storage. We may transfer or allow the transfer of information about you and your third party products and services with us to some of our selected service providers and other organisations outside the European Economic Area (EEA), but only if they agree to act solely on our instructions and protect your information to the same standard that applies in the EEA. It must also be noted that, those external organisations may process and store your personal information abroad and may disclose it to foreign authorities to help them in their fight against cyber-crime and terrorism.
Using companies to process your information outside the EEA
Some of our service providers, for example IT, telecommunication, custodians and providers of administration services, analytical agents and contractors may be based outside of the EEA. Where we authorise the processing or transfer of your personal information outside of the EEA, we require your personal information to be protected to at least Irish standards and include the following data protection transfer mechanisms:
Adherence to the EU/US Privacy Shield. You can find more information on the EU/US Privacy Shield at www.privacyshield.gov including a list of all organisations that have signed up to the EU/US Privacy Shield framework.
How to exercise your personal information rights
Providing and holding personal information comes with significant rights on your part and significant obligations on ours. You have several rights in relation to how we use your information. If you make your request electronically, we will, where possible, provide the relevant information electronically unless you ask us otherwise. In these cases, you have the right to:
- Find out if we use your information, to access your information and to receive copies of the information we have about you
- Request that inaccurate information is corrected and incomplete information updated
- Object to particular uses of your personal data where the legal basis for our use of your data is our legitimate business interests or the performance of a task in the public interest.
- Object to use of your personal data for direct marketing purposes. If you object to this use, we will stop using your data for direct marketing purposes
- Have your data deleted or its use restricted. You have a right to this under certain circumstances. For example, where you withdraw consent you gave us previously and there is no other legal basis for us to retain it, or where you object to our use of your personal information for particular legitimate business interests
- Withdraw consent at any time, where any processing is based on consent. If you withdraw your consent, it will not affect the lawfulness of processing based on your consent before its withdrawal.
- We are obliged to respond without undue delay. In most instances, we will respond within one calendar month.
- If we are unable to deal with your request fully within a calendar month (due to the complexity or number of requests), we may extend this period by a further two calendar months. Should this be necessary, we will explain the reasons why. If you make your request electronically, we will, where possible, provide the relevant information electronically unless you ask us otherwise
- You have the right to complain to the Data Protection Commission or another supervisory authority.
You can contact the Office of the Data Protection Commissioner at: https://www.dataprotection.ie/docs/Contact-us/b/11.html
Telephone: +353 (0)761 104 800 or Lo Call Number 1890 252 231
Data Protection Commission,
Canal House, Station Road,
Portarlington, R32 AP23, Co. Laois.
How you should contact us
If you have any questions about how your personal data is gathered, stored, shared or used, or if you wish to exercise any of your data rights, please contact our Data Protection Officer at:
Telephone: +353 (0)1 458 0054
Changes to this notice
We will update this Data Protection Policy from time to time. Any changes will be communicated to you and made available on this page.