The security of your data also depends on you. For example, where we have given you or where you have chosen a password for access to certain services, you are responsible for keeping this password confidential.
- REASONS FOR COLLECTING AND USING YOUR PERSONAL DATA
We will only collect and use your personal data if at least one of the following conditions applies:
1.1 we have your consent;
1.2 it is necessary for a contract with you or to take steps at your request prior to entering into a contract;
1.3 it is necessary for us to comply with a legal obligation;
1.4 it is necessary to protect your vital interests or those of another individual;
1.5 it is in the public interest or we have official authority to do so; or
1.6 it is in our or a third party’s legitimate interests and these are not overridden by your interests or rights.
- PERSONAL DATA YOU GIVE TO US
When you register your details or connect with us, including by email, post and phone or through social media:
2.1.1 you may provide us with your personal details, including your name, e-mail address, post code, date of birth, phone number, travel preferences, and your account login details, such as your username and the password you choose; and
2.1.2 we may collect details of emails and other digital communications we send to you that you open, including any links in them that you click on.
If you enter a competition or promotion, complete a survey or questionnaire, or if you give feedback or contributions or report a problem with any of our Services, we will collect your name and relevant contact information and any other personal data you choose to give us.
If you contact us online, we may keep a record of your e-mail or other correspondence, and if you call us by telephone, we may monitor and/or record phone conversations for training and customer service reasons.
To help us keep your information current, accurate and complete, please ensure you tell us if anything needs to be changed.
- PERSONAL DATA WE COLLECT AND/OR OBSERVE ABOUT YOU
Based on how you have used our Services in the past and your activity on our website, social media channels, or with our contact centre, we collect the following personal data about you:
details of the services we have provided to you in the past, including your previous travel arrangements, such as holidays and other purchases, and matters related to those arrangements, such as details of your previous enquiries, requirements or complaints;
information about your social preferences, interests and activities;
details of your visits to our Sites and Apps (including, but not limited to, traffic data, location data and weblogs) whether this is required for our own purposes or otherwise, and of the resources that you access, including information about when you click on one of our adverts, including those shown on other organisations’ websites. We use third party technology services, such as Google Analytics to administer these services,
details of website(s) you visited before you use a link to our Sites, pages visited in our Sites, and time spent on each page;
information regarding referral source, payment source, information to the credit bureau, amount for products and services on a transaction and other related information.
additional personal data that we may require you to provide us with as you use our Services; and
information about your computer (or mobile device/tablet), including, where available, your IP address, operating system, device location, browser type and details, and online identifiers such as cookie identification numbers, for system administration purposes, marketing purposes (both our own, and third party advertisers for whom we provide advertising services) and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and any reports we share do not identify any individuals.
- PERSONAL DATA OF CHILDREN
4.1 The Sites and Services are not directed to children under the age of majority. We do not knowingly collect information, including personal data, from children or other individuals who are not legally able to use our Sites and Services without a lawful basis for processing (which may include consent by the minor’s guardian or for the purposes of fulfilment of a contract). If we obtain actual knowledge that we have collected personal data from a child under the age of majority, and there is no lawful basis for having such personal data, we will promptly delete it unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of majority.
- PERSONAL DATA OBTAINED FROM OTHER SOURCES
We might also receive your personal data from third party sources who collect information about you on our behalf, such as specialist companies that supply information, retail partners and public registers. This includes:
if you tell a third party that you would like to receive marketing communications from Thomas Cook, they will securely transfer your contact details and marketing preferences to us;
if you log-in using your social network credentials to connect to our Services, such as Facebook, Google+ or Twitter, you will agree to share your user details with us, including, your name, email address, date of birth, location and any other information you choose to share with us;
if you complete any of our customer feedback questionnaires/surveys, the information you provide will be processed on our behalf and provided to us by a third party; and
if you provide feedback on us via a social media survey, the feedback, but not your personal data, will be processed by the social media platform and passed to us.
- PERSONAL DATA YOU PROVIDE ABOUT OTHER INDIVIDUALS
We use personal data about other individuals provided by you in the course of providing you with the Services.
By providing other people’s personal data, you must be sure that they agree to this and you are allowed or authorised to provide it. You should also ensure that, where appropriate, they understand how their personal data may be used by us.
- WHERE IS YOUR DATA STORED AND WHO IT’S SHARED WITH
Your personal data is held on a combination of our own systems and systems of the suppliers we use to provide our services.
When you give your personal data to us, some of the personal data you provide will need to be given to and processed and stored by relevant third parties. These third parties include:
7.1.1 our carefully selected suppliers that carry out certain functions on our behalf, including our technology and data management partners who help us to administer the Services and companies that help us with IT services, storing and combining data, marketing, advertising campaign, and market research;
7.1.2 other financial institutions that we have partnered with to jointly create and offer a product or service who may only use this information to market and offer Thomas Cook related products, unless you have given consent for other uses;
7.1.3 our contact centre (including ‘live chat’) partners who provide services to support customer enquiries; and
7.1.4 an organisation we sell or transfer (or enter into negotiations to sell or transfer) any of our businesses or any of our rights or obligations under any agreement we may have with you. If the transfer or sale goes ahead, the organisation receiving your personal data can use your data in the same way as us.
We may need to share personal data to establish, exercise or defend our legal rights, this includes providing personal data to others for the purposes of preventing fraud and reducing credit risk. We may do checks to confirm your identity. That is to help protect you from identity theft and other types of fraud, and to prevent and detect crime or money laundering. Once in a while we might run more checks with CRAs and FPAs to keep your information and your account up to date. If false or inaccurate information is provided and identified as fraud, the details will be passed to FPAs. This information may also be shared with law enforcement agencies.
Some of these third parties may be based outside of the UK or European Economic Area (“EEA”). Organisations that are based outside of the UK or EEA may not be subject to the same level of controls in regard to data protection as exist within the UK and the EEA. We aim only to transfer your data to third parties outside of the UK or EEA where either:
7.1.6 the transfer is necessary to enable your contract to be performed.
Due to the decision of the UK leaving the EU, the way your data is transferred from the UK to other countries may change to ensure continuing compliance with applicable data protection laws but it will not change the security of your data. This will depend on the data protection rules in place for the international transfers of data outside of the UK once the UK has left the EU.
When we share personal data with other organisations we require them to keep it safe, and they must not use your personal data for their own marketing purposes.
We only share the minimum personal data that enable our suppliers and retail partners to provide their services to you and us.
We may share the minimum personal data necessary with other public authorities if the law says we must, or we are legally allowed to do so.
- HOW DO WE USE YOUR INFORMATION WHEN PROVIDING OUR SERVICES TO YOU
In order to provide our services to you, we use the information we hold in a number of different ways. We process your information where we have legal basis to do so, including because we have a legitimate business reasons for doing so. We may use and process your personal data as set out below where it is necessary for us to carry out activities for which it is in our legitimate interests as a business to do so:
8.1.1 to manage and improve your experience:
- to allow you to participate in interactive features of our Sites and Apps, when you choose to do so. When using our Apps, you can choose not to use interactive features by changing your settings on the App itself;
- to ensure that content from our Sites, Apps and systems is presented in the most effective manner for you and for your device; or
- to notify you about changes to our service;
8.1.2 to make contact and interact with you:
- we want to serve you better as a customer so if you contact us, for example by email, post, and phone or via social media, we may use personal data to provide clarification or assistance to you;
- we need to process your personal data so that we can manage any promotions and competitions you choose to enter, including those we run with our suppliers and retail partners, for example, if you win a prize; and
8.1.3 to promote our business, and manage and improve our products, Services, and day-to-day operations:
- to send marketing correspondence about products and services similar to those you have previously bought from us or viewed on our App or Sites. You can opt out and object to our sending you electronic marketing information and this option will be included in every marketing message we send you. See the section ‘When and how do we use your information for marketing for more information’;
- to monitor how our Services are used to help protect your personal data, detect and prevent fraud, other crimes and the misuse of Services. This helps us to make sure that you can safely use our Services;
- to respond to and to manage security operations;
- for internal research/analysis to improve the quality of our Services, the products we offer and new products we are developing by:
- inviting customers to take part in surveys, questionnaires, customer/business discussion groups or other market research activities; and
- using aggregated customer data to make informed decisions based on analysis of customer booking or other purchase trends and behaviours; and
- to promote our business, brands and products and measure the reach and effectiveness of our campaigns:
- to contact you with targeted advertising delivered online using Google DoubleClick and through social media and other platforms operated by other companies. You may receive advertising based on information about you that we have provided to the platform or because, at our request, the platform has identified you as having similar attributes to the individuals whose details it has received from us. To find out more, please refer to the information provided in the help pages of the platforms on which you receive advertising from us; and
We use this information in two ways:
8.1.4 we identify links between your attributes and your behaviours and market to others with the same attributes, in our direct marketing campaigns and through targeted advertising delivered through our Sites, Apps or third party platforms, including social media channels; and
8.1.5 we tailor and personalise our interactions with you to make them more relevant to your interests. These interactions include your journey around our Sites and the content that appears on it and marketing communications we send or show to you in our direct marketing campaigns and through online targeted advertising described in the paragraph above. Please see ‘How we personalise marketing for you’ for more information.
We may use and process your personal data, where we have your consent to do so, to send marketing correspondence about products and Services available from Thomas Cook and/or from our business partners/affiliates, where we have asked for your permission to do so. See the section ‘When and how do we use your information for marketing for more information’.
We may use and process your personal data and may pass it to third parties where there is a legal requirement for us to do so, including:
8.1.6 to respond to requests from any government body, law enforcement agency, court or regulatory authority, that requires us to disclose personal data in line with applicable data protection laws; or
8.1.7 for anti-money laundering and terrorist financing purposes.
Processing subject to national laws: We may also use and process your personal data (including special category data such as information on your health specifically for insurance purposes) where we have a specific legal basis to do so under applicable data protection law.
- ADDITIONAL DATA PROVISIONS FOR BANKING TRANSACTIONS FOR CUSTOMERS IN THE EEA
- WHEN AND HOW DO WE USE YOUR INFORMATION FOR MARKETING
If you have made an enquiry through one of our Services, your personal data may be used by us in the ways applicable data protection law allows, to contact you by post, electronic means (e-mail or text message) and/or by phone with information and offers relating to our products or services. We will only do this if you did not opt out of such marketing at the point where we collected your contact details.
If you have not made an enquiry, we will only send you information and offers by e-mail or text message if you sign up (opt in) to receive such marketing, either directly through us or by telling a third party that you would like to receive marketing from us. We will only send you information and offers by App push notifications if the permissions that are set in the Settings section of your device allow for this to happen. If you do not wish to receive App push notifications, you can change your settings and opt-out at any time.
We like to hear your views to help us to improve our products and Services, so we may contact you for market research purposes. You always have the choice about whether to take part or continue in our market research.
- HOW DO WE PERSONALISE OUR MARKETING TO YOU
To try and ensure that our marketing communications and advertising are relevant to you, we work with third parties to offer a better experience to customers and potential customers.
Using new technologies and with the help of our advertising agencies and marketing activation platforms, we may use your personal data in the following ways:
11.1.1 to try to ensure any marketing communications we send to you are offering products or services likely to be of interest to you; and
11.1.2 to tailor and track our digital marketing (for example, our internet banner advertisements) and links from our marketing partners’ websites to our Sites. This digital marketing may include marketing related to Thomas Cook or marketing related to business partners to whom we provide advertising services.
Our business partners and advertising networks may serve you with non-personalised adverts on our Sites via advertising technology, including Google Double Click for Publishers. Non-personalised adverts are targeted using contextual information regarding the pages visited on our Site, rather than the past behaviour of a user. We allow third parties to collect information about your online activities using cookies and other technologies. The third parties may include our affiliate companies, our suppliers/business partners who collect information when you view or interact with an advert on one of our Sites, and advertising networks. We also collect information about your online activities using cookies and other technologies when you use websites other than our Sites to provide advertising services on behalf of our business partners. This technology allows us to display an advert to you relating to a business partner on other websites based on your page visits and other behaviours whilst on our Sites.
Cookies are small data files that allow a website to collect and store a range of data on your desktop computer, laptop or mobile device. Cookies help us to provide important features and functionality on our websites and mobile apps, and we use them to improve your customer experience. Please see our Cookies Policy for more information.
- WHAT YOU NEED TO DO IF YOU DON’T WANT OUR MARKETING COMMUNICATIONS
You have the right at any time to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by selecting the ‘no marketing’ option on the forms we use to collect your data. You can also exercise this right at any later time by using the unsubscribe link on any marketing e-mail you receive, or by contacting us (see How to contact us).
You can opt out of App push notifications in the Settings section of your device.
- YOUR RIGHT TO ACCESS YOUR PERSONAL DATA
You have the right to make a Data Subject Access Request in many circumstances. That is a request for access to the personal data that we hold about you. If we agree that we have to provide personal data to you (or someone else on your behalf), we’ll provide it to you or them free of charge.
We may ask for proof of identity and sufficient information about your interactions with us that we can locate your personal data. If someone is acting on your behalf they will need to provide written and signed confirmation from you that you have given your authority to that person/company for them to make the request. We will ask for this to be provided before we give you (or another person acting on your behalf) a copy of any of your personal data we may be holding. We may not provide you with a copy of your personal data if it includes the personal data of other individuals or we have another lawful reason to withhold that information.
Please see the section below titled ‘How to Contact Us’ if you need to make a Data Subject Access Request.
- CORRECTING AND UPDATING YOUR PERSONAL DATA
The accuracy of your information is important to us and we are working on ways to make it easier for you to review and correct the information that we hold about you.
In the meantime, if you change your name or address/e-mail address, or you discover that any of the other information we hold is inaccurate or out of date, please let us know.
- WITHDRAWING YOUR CONSENT
Where we rely on your consent as the legal basis for processing your personal data, as set out in section above titled ‘How do we use your information when providing our services to you’, you may withdraw your consent at any time. If you would like to withdraw your consent to receiving any direct marketing to which you previously opted-in, please see the section titled ‘What you need to do if you don’t want our marketing communications’ for further details.
- OBJECTING TO OUR USE OF YOUR PERSONAL DATA
Where we rely on our legitimate business interests as the legal basis for processing your personal data for any purpose(s), you may object to us using your personal data for these purposes by e-mailing or writing to us at the address provided in the ‘How to contact us’ section. Except for the purposes for which we are sure we can continue to process your personal data, we will temporarily stop processing your personal data in line with your objection until we have investigated the matter. If we agree that your objection is justified in accordance with your rights under data protection law, we will permanently stop using your data for those purposes. Otherwise we will provide you with our justification as to why we need to continue using your data.
- ERASING YOUR PERSONAL DATA OR RESTRICTING ITS PROCESSING
In certain circumstances, you may ask for your personal data to be removed from our systems by e-mailing or writing to us provided in the ‘How to contact us’ section. Provided we do not have any continuing lawful reason to continue processing or holding your personal data, we will make reasonable efforts to comply with your request.
You may also ask us to restrict processing your personal data where you believe it is unlawful for us to do so, you have objected to its use and our investigation is pending or you require us to keep it in connection with legal proceedings. We may only process your personal data whilst its processing is restricted if we have your consent or are legally permitted to do so, for example for storage purposes, to protect the rights of another individual or company or in connection with legal proceedings.
Where we rely on your consent as the legal basis for processing your personal data or need to process it in connection with your contract, as set out in the section titled ‘How do we use your data when providing our services to you’, you may ask us to provide you with a copy of that information in a structured data file.
You can ask us to send your personal data directly to another service provider, and we will do so if this is technically possible. We may not provide you with a copy of your personal data if it contains the personal data of other individuals or we have another lawful reason to withhold that information.
We will erase your data, unless we have to keep it for legitimate business or legal purposes.
- MAKING A COMPLAINT
We encourage you to contact us if you have a complaint and we will seek to resolve any issues or concerns you may have. You have the right to lodge a complaint with the data protection regulator where you believe your legal rights have been infringed, or where you have reason to believe your personal data is being or has been used in a way that doesn’t comply with the law. The contact details for the Information Commissioner’s Office (ICO), the data protection regulator in the UK, are available on the ICO website (ico.org.uk/).
- HOW TO CONTACT US
You have a right to ask for a copy of the personal data we hold about you, although you should be able to access online the personal data associated with your account or booking.
Please include any details to help us identify and locate your personal data. Where we can provide data access, we will do so free of charge except where further copies are requested in which case we may charge a reasonable fee based on administrative costs.
19.1.1 by email to: email@example.com; or
19.1.2 by post to: UK Legal & Compliance Dept, Thomas Cook Tourism, C/O Tmf Group 8th Floor, 20 Farringdon Street, London, United Kingdom, EC4A 4AB.
Please note that we may ask you to verify your identity before we can act on your request or complaint. We may also ask you for more information to help ensure that you are authorised to make such a request or complaint when you contact us on behalf of someone else.
Once you have made your request and provided us with the information we need to begin a search for the personal data we hold on you (including proof of identity), we will have 30 days to respond.
- KEEPING HOLD OF YOUR PERSONAL DATA
- WHAT IS OUR APPROACH TO DATA SECURITY
The transmission of information via the internet is not completely secure, and although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Services, therefore any transmission is at your own risk. Once we have received your information, we will take all reasonable steps to keep your personal data secure and to try to prevent any unauthorised access, use or loss of your data, by putting in place appropriate security measures and limiting access to those who have a business need to know. All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Sites, you are responsible for keeping that password confidential. We ask you not to share a password with anyone.
We have a process to deal with any suspected personal data breach and will notify you and the ICO of a breach where legally required to do so.
- WHAT HAPPENS WHEN YOU FOLLOW A LINK FROM OUR WEBSITE TO A THIRD PARTY WEBSITE
Our Services may contain links to and frames of websites of our principals, suppliers, advertisers and other third parties. You can tell when a third party is because their name will appear with ours. If you follow a link or otherwise use any of these other websites, please note that these websites have their own privacy policies and cookie policies and you should make sure that you read such policies carefully before providing any personal data on a third party’s website as we do not accept any responsibility or liability for these policies or for these third party websites. Please check these policies before you submit any personal data to these websites.
- SOCIAL MEDIA FEATURES
Our Services may contain social media features such as Facebook, Twitter, Google+ and Pinterest that have their own privacy notices. Please make sure you read their terms and conditions and privacy notice carefully before providing any personal data as we do not accept any responsibility or liability for these features.
Last update: August 2020
SCHEDULE ONE – ADDITIONAL PROVISIONS FOR BANKING TRANSACTIONS IN THE EEA
Specifically, you consent to and direct to disclose necessary information to: (i) the police and other law enforcement agencies; (ii) security forces; (iii) competent governmental, intergovernmental or supranational bodies; (iv) competent agencies, departments, regulatory authorities, self-regulatory authorities or organisations, and other third parties, including companies, that: (a) we are legally compelled and permitted to comply with, including but without limitation the Luxembourg laws of 24 July 2015 on the US Foreign Account Tax Compliance Act (“FATCA Law”) and 18 December 2015 on the OECD common reporting standard (“CRS Law”); (b) we have reason to believe it is appropriate for us to cooperate with in investigations of fraud or other illegal activity or potential illegal activity; or (c) to conduct investigations of violations of our terms and conditions (including without limitation, your funding source or credit or debit card provider).
If you are covered by the FATCA or CRS Law, we are required to give you notice of the information about you that we may transfer to various authorities.
We may also share, access and use (including from other countries) necessary information (including, without limitation the information recorded by fraud prevention agencies) to help us and them assess and to manage risk (including, without limitation, to prevent fraud, money laundering and terrorist financing). Please contact us if you want to receive further details of the relevant fraud prevention agencies.