Orcadian Wildlife Privacy Notice for Website & Facebook:
This is the privacy notice of Orcadian Wildlife as required under the EU Data Protection Directive (95/46/EC). In this document, “I”, or “my”, refers to Orcadian Wildlife.
I am a sole trader established in 2004, with an office address of Gerraquoy, St. Margaret’s Hope, South Ronaldsay, Orkney KW17 2TH.
- This is a notice to inform you of my policy about all information that I record about you. It sets out the conditions under which I may process any information that I collect from you, or that you provide to me. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.
- I regret that if there are one or more points below with which you are not happy, your only recourse is to leave my website immediately.
- I take seriously the protection of your privacy and confidentiality. I understand that all visitors to my website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
- I undertake to preserve the confidentiality of all information you provide to me, and trust that you reciprocate.
- My policy complies with UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).
- The law requires me to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. I do this now, by requesting that you read the information provided at knowyourprivacyrights.org
- I do not share, or sell, or disclose to a third party, any information collected through my website.
The bases on which I process information about you:
The law requires me to determine under which of six defined bases I process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which I process your personal information is no longer relevant then I shall immediately stop processing your data.
If the basis changes then if required by law I shall notify you of the change and of any new basis under which I have determined that I can continue to process your information.
1. Information I process because I have a contractual obligation with you:
When you make a booking for a tour or a short break with Orcadian Wildlife, or hire the Peedie House self-catering, a contract is formed between you and me.
In order to carry out our obligations under that contract I must process the information you give me. Some of this information may be personal information.
I may use it in order to:
- verify your identity for contract purposes
- sell products to you such as tours, short breaks or self-catering hire
- provide you with other wildlife guiding services
- provide you with suggestions and advice on products, services and how to obtain the most from using my website
I process this information on the basis there is a contract between us, or that you have requested I use the information before we enter into a legal contract.
Additionally, I may aggregate this information in a general way and use it to provide product information. If I use it for this purpose, you as an individual will not be personally identifiable.
I shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
2. Information I process with your consent:
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse my website or Facebook page, or ask me to provide you more information about my business, including general information for example about Orkney or its wildlife, you provide your consent to me to process information that may be personal information.
Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect me to reply.
Except where you have consented to our use of your information for a specific purpose, I do not use your information in any way that would identify you personally. I may aggregate it in a general way and use it to provide information, for example to monitor the performance of a particular page on my website.
I will never without your specific agreement pass your personal details to any third party for any purpose.
You may withdraw your consent at any time by instructing me at firstname.lastname@example.org . However, if you do so, you may not be able to use my website or services further.
3. Information I process for the purposes of legitimate interests:
I may process information on the basis there is a legitimate interest, either to you or to me, of doing so.
Where I process your information on this basis, I do after having given careful consideration to:
- whether the same objective could be achieved through other means
- whether processing (or not processing) might cause you harm
- whether you would expect me to process your data, and whether you would, in the round, consider it reasonable to do so
For example, I may process your data on this basis for the purposes of:
- record-keeping for the proper and necessary administration of Orcadian Wildlife business, including the Peedie House self-catering.
- responding to unsolicited communication from you to which I believe you would expect a response
- protecting and asserting the legal rights of any party
- insuring against or obtaining professional advice that is required to manage Orcadian Wildlife risk
- protecting your interests where I believe I have a duty to do so
4. Information I process because I have a legal obligation:
I am subject to the law like everyone else. Sometimes, I must process your information in order to comply with a statutory obligation, however unlikely.
For example, I may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
This may include your personal information.
5. Information provided on the understanding that it will be shared with a third party:
My website or Facebook page may allow you to post information with a view to that information being read, copied, downloaded, or used by other people.
- posting a message on wildlife sightings
- tagging an image
- clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks
In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.
I do not specifically use this information except to allow it to be displayed or shared.
I do store it, and I reserve a right to use it in the future in any way I decide.
Once your information enters the public domain, I have no control over what any individual third party may do with it. I accept no responsibility for their actions at any time.
Provided your request is reasonable and there is no legal basis for me to retain it, then at my discretion I may agree to your request to delete personal information that you have posted. You can make a request by contacting me at email@example.com
6. Complaints regarding content on my website:
My website www.orcadianwildlife.co.uk and Facebook page www.facebook.com/orcadianwildlife are publishing media. Anyone may register and then publish information about himself, herself or some other person.
I do not moderate or control what is posted.
If you complain about any of the content on my website, I shall investigate your complaint.
If I feel it is justified or if I believe the law requires me to do so, I shall remove the content while I investigate.
Free speech is a fundamental right, so I have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.
If I think your complaint is vexatious or without any basis, I shall not correspond with you about it.
7. Information relating to your method of payment:
Payment information is never taken by me or transferred to me either through my website or Facebook page.
At the point of payment, you are required to make a separate electronic bank transfer or send a cheque, both methods being entirely under your control and not linked to my website.
8. Sending a message to me:
When you contact me, whether by telephone, through my website or by e-mail, I collect the data you have given to me in order to reply with the information you need.
I record your request and my reply in order to increase the efficiency of my business.
I keep personally identifiable information associated with your message, such as your name and email address so as to be able to track my communications with you to provide a high quality service.
When I receive a complaint, I record all the information you have given to me.
I use that information to resolve your complaint.
If your complaint reasonably requires me to contact some other person, I may decide to give to that other person some of the information contained in your complaint. I do this as infrequently as possible, but it is a matter for my sole discretion as to whether I do give information, and if I do, what that information is.
I may also compile statistics showing information obtained from this source to assess the level of service I provide, but not in a way that could identify you or any other person.
Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.
Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
- to track how you use my website
- to record whether you have seen specific messages I display on my website
11. Personal identifiers from your browsing activity:
Requests by your web browser to my servers for web pages and other content on my website are recorded.
I record information such as your geographical location, your Internet service provider and your IP address. I also record information about the software you are using to browse my website, such as the type of computer or device and the screen resolution.
I use this information in aggregate to assess the popularity of the webpages on my website and how I perform in providing content to you.
If combined with other information I know about you from previous visits, the data possibly could be used to identify you personally.
12. Data may be processed outside the European Union:
My website is hosted in Germany through the website company www.1and1.co.uk
My Facebook page is hosted in the US by www.facebook.com
I may also use outsourced services in countries outside the European Union from time to time in other aspects of my business.
Accordingly data obtained within the UK or any other country could be processed outside the European Union.
For example, some of the software my website uses may have been developed in the United States of America or in Australia.
I use the following safeguards with respect to data transferred outside the European Union:
- the processor abides by the same binding corporate rules regarding data processing.
13. Access to your personal information:
- At any time you may review or update personally identifiable information that I hold about you, by contacting me on the email address in section 13.2.
- To obtain a copy of any information that is not provided on my website you may send me a request at firstname.lastname@example.org
- After receiving the request, I will tell you when I expect to provide you with the information.
14. Removal of your information:
If you wish me to remove personally identifiable information from my website, you may contact me at email@example.com
This may limit the service I can provide to you.
15. Verification of your information:
When I receive any request to access, edit or delete personal identifiable information I shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
16. Use of my sites by children:
- I do not sell products or provide services for purchase by children, nor do I market to children (although children may accompany parents on wildlife tours or Peedie House self-catering if agreed by clients).
- If you are under 18, you may use my website only with consent from a parent or guardian.
- Children over the age of 13 are able to use my Facebook page legally.
17. Encryption of data sent between us:
I use Secure Sockets Layer (SSL) certificates to verify my identity to your browser and to encrypt any data you give me through my own website www.orcadianwildlife.co.uk and self-catering marketing website www.cottageguide.co.uk
18. How you can complain:
- If a dispute is not settled then I hope you will agree to attempt to resolve it by engaging in good faith with me in a process of mediation or arbitration.
- If you are in any way dissatisfied about how I process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office. This can be done at https://ico.org.uk/concerns/
19. Retention period for personal data:
Except as otherwise mentioned in this privacy notice, I keep your personal information only for as long as required by me:
- to provide you with the services you have requested;
- to comply with other law, including for the period demanded by our tax authorities;
- to support a claim or defence in court.
20. Compliance with the law:
However, ultimately it is your choice as to whether you wish to use my website and Facebook page.
I may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on my website on the day you use my website. I advise you to print a copy for your records.
My thanks to Andrew Taylor and Net Lawman Ltd for the information on GDPR provided.