Effective Date: September 23, 2016
Virtuoso, Ltd. (“Virtuoso”) respects your concerns about privacy. Virtuoso participates in the EU-U.S. Privacy Shield framework (“Privacy Shield”) issued by the U.S. Department of Commerce. Virtuoso commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU in reliance on the Privacy Shield. This Policy describes how Virtuoso implements the Privacy Shield Principles for Consumer Personal Data.
For purposes of this Policy:
“Consumer” means any natural person who is located in the EU, but excludes any individual acting in his or her capacity as an Employee.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Employee” means any current, former or prospective employee, intern, temporary worker or contractor of Virtuoso or any of its EU subsidiaries or affiliates, or any related individual whose Personal Data Virtuoso processes in connection with an employment relationship, who is located in the EU.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Member Agency” means any travel agency that is a member of Virtuoso’s network of agencies.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Virtuoso in the U.S. from the EU, and (iii) recorded in any form.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
Types of Personal Data Virtuoso Collects
Virtuoso collects Personal Data about Consumers from Member Agencies and other travel-related businesses, such as hotels. In addition, Virtuoso collects Consumer Personal Data directly from Consumers when, for example, a Consumer visits Virtuoso’s website at Virtuoso.com.
The types of Consumer Personal Data Virtuoso collects includes:
Contact information, such as name, postal address, email address and telephone number;
online password and other log-in details;
payment information, such as name, billing address and payment card details (including card number, expiration date and security code);
information about travel plans, interests, preferences and agency and advisor affiliation;
demographic information Virtuoso acquires from third parties; and
other Personal Data in content Consumers provide on Virtuoso websites, such as in comments to blog posts and feedback
Virtuoso uses Consumer Personal Data to:
Create and manage Consumer profiles and accounts;
offer and provide products and services, such as hotel bookings and marketing materials;
communicate about, and administer participation in, surveys, events, programs, contests, promotions and other offers;
communicate on behalf of Member Agencies and preferred suppliers;
display content on Virtuoso websites;
respond to and communicate about inquiries and requests, and provide information Consumers request;
process claims in connection with Virtuoso’s products and services;
operate, evaluate and improve the company’s business (including developing new products and services; enhancing and improving services; managing communications; analyzing products; and performing accounting, auditing, billing reconciliation and collection activities and other internal functions);
perform data analyses (including market and consumer research, trend analysis, financial analysis, and anonymization of Personal Data);
protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
comply with and enforce applicable legal requirements, relevant industry standards and company policies.
In addition, Virtuoso obtains Personal Data, such as contact information, of representatives of Member Agencies and other travel-related businesses in the EU. Virtuoso uses this information to manage its relationships with its Member Agencies and other travel-related businesses; [process payments, expenses and reimbursements;] and carry out Virtuoso’s obligations under its contracts with the Member Agencies and travel-related businesses.
Virtuoso also may obtain and use Consumer Personal Data in other ways for which Virtuoso provides specific notice at the time of collection.
Virtuoso’s privacy practices regarding the processing of Consumer Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
Relevant information also may be found in notices pertaining to specific data processing activities.
Virtuoso generally offers Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the Privacy Shield Principles, Virtuoso obtains opt-in consent for certain uses and disclosures of Sensitive Data. Consumers may contact Virtuoso as indicated below regarding the company’s use or disclosure of their Personal Data. Unless Virtuoso offers Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.
Virtuoso shares Consumer Personal Data with its Member Agencies to provide services Consumers request and with preferred suppliers to collaborate on special offers for Member Agency clients. Virtuoso may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Virtuoso also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Accountability for Onward Transfer of Personal Data
Except as permitted or required by applicable law, Virtuoso provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. Virtuoso requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify Virtuoso and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, Virtuoso (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Virtuoso’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify Virtuoso if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Virtuoso remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless Virtuoso proves that it is not responsible for the event giving rise to the damage.
Virtuoso takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose Limitation
Virtuoso limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. Virtuoso does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes, Virtuoso takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, Virtuoso relies on its Consumers to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers may contact Virtuoso as indicated below to request that Virtuoso update or correct relevant Personal Data.
Subject to applicable law, Virtuoso retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.
Consumers generally have the right to access their Personal Data. Accordingly, where appropriate, Virtuoso provides Consumers with reasonable access to the Personal Data Virtuoso maintains about them. Virtuoso also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. Virtuoso may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting Virtuoso as indicated below.
Recourse, Enforcement and Liability
Virtuoso has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. Virtuoso conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Virtuoso makes about its Privacy Shield privacy practices are true and that Virtuoso’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
Consumers may file a complaint concerning Virtuoso’s processing of their Personal Data. Virtuoso will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact Virtuoso as specified below about complaints regarding Virtuoso’s Consumer Personal Data practices.
If a Consumer’s complaint cannot be resolved through Virtuoso's internal processes, Virtuoso will cooperate with JAMS pursuant to the JAMS Privacy Shield Program, available on the JAMS website at https://www.jamsadr.com/eu-us-privacy-shield. JAMS mediation may be commenced as provided for in the relevant JAMS rules. Following the dispute resolution process, JAMS or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over Virtuoso. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Virtuoso’s compliance with the Privacy Shield Principles.
How to Contact Virtuoso
To contact Virtuoso with questions or concerns about this Policy or Virtuoso’s Consumer Personal Data practices:
Attention: Virtuoso Service Center – Data Privacy
505 Main Street, Suite 500
Fort Worth, TX 76102