We appreciate your interest in our online presence and the offers on our website.
The protection of your personal data is of great importance to us. We would therefore like to inform you in detail in this Statement as to which data is collected during your visit to our website and for the use of our offers found there, and how it is processed or utilized by us subsequently. We also describe the accompanying protective actions that we have taken in terms of technical and organizational measures.
As provided for by the GDPR, we shall inform you in accordance with Article 5 and Article 13 of the cited Regulations, pursuant to the transparency requirement, about the nature, scope, and purpose of the data processing as well as of the legal basis which legitimizes the data processing. Furthermore, we shall indicate the duration of the respective data processing as well as your objection or revocation options, which are linked to the specific data protection-relevant measure in each case. If no right of objection may be granted due to technical reasons (because the processing of the data is absolutely necessary for the technical operation of the website), we assure you that no data on your part shall be stored by us.
Your other rights, which you can exercise independently of the specific measure, can be found in the section entitled 'Rights of the data subject' at the end of this Privacy Policy. Transparency is also indicated therein—irrespective of the specific measure—because of your option of objection and revocation.
Responsible office/service provider
The responsible office within the meaning of the General Data Protection Regulation (GDPR), the (new) Federal Data Protection Act (21/2000 Coll., On Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (Copyright Act), as amended (hereinafter referred to as the "Copyright Act") is:
Malindi Rd, Ngala Phase One
Malindi, Kenya
Tel.: +254 (0) 725 658 990
E-Mail: livethexperience@xploretomorrow-dmc.com
Website: https://xploretomorrow-dmc.com/
If you have any questions or comments about this Privacy Policy or about data protection in general, please write to the following email address: privacy@xploretomorrow-dmc.com
Legal basis for the processing of personal data
Insofar as we seek the consent of data subjects for the processing operations of personal data, Art. 6 para. 1 lit. a of the GDPR serves as the legal basis for processing of personal data.
As regards the processing of personal data which is necessary for the performance of a program/travel itinerary to which the data subject is a contractual party, Art. 6 para. 1 lit. b of the GDPR serves as the legal basis. This also applies to processing operations which are necessary for the performance of pre-contractual measures.
Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c of the GDPR serves as the legal basis.
If the vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d of the GDPR serves as the legal basis.
If processing is required to safeguard a legitimate interest of our company or a third party, and the interests, fundamental rights and freedoms of the data subject do not outweigh the initial interest, Art. 6 para. 1 lit. f of the GDPR serves as the legal basis for the processing.
Data erasure and storage duration
The personal data of the data subject shall be erased or blocked as soon as the purpose of the storage is no longer applicable. Moreover, the data shall be stored if such storage has been designated by the European or national legislator in Union regulations, laws, or other provisions to which the responsible body is subject. Unless there is a need for further storage of the data for contract conclusion or contract fulfilment, the data shall be blocked or erased once the storage period prescribed by the indicated standards expires.
Collection and use of your data through visiting our website
Collection and use of your data through visiting our website
In general, it is not necessary for you to provide personal data for the informational use of our website. Rather, in this case, we collect and use only that of your data which your Internet browser has transmitted to us automatically, such as:
This data is not stored together with other personal data of the user.
Web Hosting Platform
Our website is hosted by Hostnali which incorporates GDPR compliancy as stipulated within their Privacy Policy to ensure data privacy is adhered to as per the required laws. Visit the privacy policy page from Hostnali on GDPR compliancy: https://email.hostnali.com/pages/privacy-policy/26
The purpose of data processing
If you wish to look at our website, the collection of the above data is technically necessary in order to show you our website, and to ensure stability and security.
This also presents our legitimate interest in data processing for this purpose in accordance with Art. 6 para. 1 lit. f of the GDPR.
Legal basis
The collection is lawfully carried out in accordance with Art. 6 para. 1 lit. f of the GDPR.
Duration of the data processing
The data shall be erased as soon as it is no longer necessary for achieving the purpose of its collection. In case of data collection for website deployment, such is the case if the respective session has ended.
Objection and revocation option
The collection of the data for website deployment is compulsory for the operation of the website. There is no option of objection in this respect.
Email communication
Description of the nature and scope of the data processing
In the case of email communication via the email address displayed on our website, we collect, process and store personal data such as the surname, first name, title where applicable, postal address, email and IP address of the user, as well as the date and time of registration, in order to provide the respective services, to get in contact, to process yourenquiry and in the event that follow-up questions arise. When making contact via the provided email address, the personal data of the user which is submitted along with the email shall be stored. There is no disclosure of data to third parties in this context. The data is used exclusively for processing conversations.
The purpose of data processing
Art. 6 para. 1 lit. f of the GDPR is the legal basis for processing the data which is sent as part of an email. If the email contact is aimed towards the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b of the GDPR.
Duration of the storage
We appreciate your interest in our online presence and the offers on our website.
The purpose of data processing
The data shall be erased as soon as it is no longer necessary for achieving the purpose of its collection. In terms of personal data that has been sent via email, such is the case if the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant issues have finally been clarified.
In general, your data is only kept for as long as required for the respective purpose:
Data is then deleted unless such deletion, in some individual cases, conflicts with any of our legitimate interests (e.g. continued storage of data as evidence, or to establish or defend legal claims, taking into consideration the relevant applicable limitation periods)
Objection and revocation option
If the user gets in contact with us by email, he/she can object to the storage of his/her personal data at any time. In such a case, the conversation can no longer continue. All personal data that has been stored over the course of making contact shall be erased in such a case.
Security notice
With regard to making contact via email, we would like to note that data transfer over the Internet presents issues with security holes in email communication and cannot be completely protected against access by third parties. Personal data in the framework of email communication shall usually be transmitted from your computer via an unsecured connection over the Internet. Information that you send unencrypted by email could be read, stored, and misappropriated by third parties along the way. We would therefore like to point out that no confidential information should be sent to us without the use of an encryption program.
Newsletter
Description of the nature and scope of the data processing Our website offers you the option of subscribing to a free newsletter/travel blog. The data from the input screen is transmitted to us when you sign up for the newsletter. This includes:
Newsletter
Description of the nature and scope of the data processing
Our website offers you the option of subscribing to a free newsletter/travel blog. The data from the input screen is transmitted to us when you sign up for the newsletter. This includes:
As regards the data processing, your consent shall be obtained as part of the registration process and reference shall be made to this Data Protection Statement. No data is disclosed to third parties in connection with the data processing carried out for the distribution of the newsletters. The data is used exclusively for the distribution of newsletters.
Legal basis for the data processing
Once the user has signed up for the newsletter, and upon the consent of the user, the legal basis for the data processing is Art. 6 para. 1 lit. a of the GDPR.
The purpose of data processing
The collection of the user's email address serves in the distribution of the newsletter. The newsletter distribution is made on the basis of registration by the user on the website. The collection of other personal data in the framework of the registration process serves to prevent misuse of the services or the email address used.
Duration of the storage
The data shall be erased as soon as it is no longer necessary for achieving the purpose of its collection. The email address of the user shall therefore be stored for as long as the subscription to the newsletter is active. The other personal data collected during the registration process shall usually be erased after a period of seven days.
Objection and revocation option
Subscription to the newsletter may be terminated by the user in question at any time. There is a corresponding link in each newsletter for this purpose. The newsletter distribution is made on the basis of registration by the user on the website. This also allows for consent to be revoked in terms of the storage of the personal data collected during the registration process.
We would like to note that we evaluate your user behavior in the course of the newsletter distribution. Regarding this evaluation, the emails sent contain so-called web beacons or tracking pixels, which represent one-pixel image files that are stored on our website. The data shall be collected exclusively in a pseudonymized manner. IDs are therefore not linked to your other personal information and direct personal references are excluded.
You can object to this tracking at any time by informing us via our communication channels. The information shall be stored for as long as you have subscribed to the newsletter. After cancellation, we shall store the data in a purely statistical and anonymous manner.
Use of cookies
Nature and scope of the data processing
Our website uses cookies. Cookies are text files that are saved in the Internet browser or by the Internet browser on the computer system of the user. When a user visits a website, a cookie may be stored on the operating system of the user. This cookie contains a characteristic string which enables a clear identification of the browser when re-visiting the website.
Furthermore, we use cookies on our website that allow for the analysis of the browsing habits of the user.
Upon accessing our website, the user shall be informed about the use of cookies for analysis purposes and his/her consent to the processing of the personal data used in this context shall be obtained. Reference is also made to this Data Protection Statement in this regard.
The purpose of data processing
The analysis cookies are used for the purpose of improving the quality of our website and its content. We learn how the website is used through the analysis cookies, and this enables us to improve our offer in a continuous manner.
Legal basis for the data processing
Upon the consent of the user in this respect, the legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a of the GDPR.
Duration of the storage, revocation and withdrawal option
Cookies are stored on the computer of the user and transmitted thereby onto our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of the cookies. Cookies that are already stored can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, there is a possibility that not all website functions shall be fully usable. Your right to revoke your consent remains unaffected by the withdrawal options that are immediately available to you.
If Flash cookies are also used: The transmission of Flash cookies cannot be prohibited by the settings of the browser, rather by changing the settings of the Flash Player.
Use of Google Analytics
Nature and scope of the data processing
This website uses Google Analytics, a web analytics service provided by Google Inc. ('Google'). Google Analytics uses so-called 'cookies' – text files that are stored on your computer and that allow an analysis of the website use through you. The information generated by the cookie through your use of this website shall usually be transferred to a Google server in the United States and stored there. In case of activation of IP anonymization on this website, your Google IP address shall however be truncated beforehand within the member states of the European Union or within the other contracting states to the Agreement on the European Economic Area. Only in exceptional cases shall the full IP address be sent to a Google server in the US and truncated there.
Google shall use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports about website activities, and to provide other services associated with the website and internet usage to the website operator.
The IP address transmitted by your browser within the context of Google Analytics shall not be merged with other data from Google.
This website uses Google Analytics with the extension '_anonymizeIp()'. IP addresses shall therefore be processed further in a truncated manner; direct personal references can thus be excluded. If there is a personal reference in the data collected about you, this shall be excluded immediately, and the personal data promptly erased.
Purpose
We use Google Analytics in order to analyze the use of our website and to be able to improve upon it regularly. We can improve our offer and make it more attractive for you as a user through the statistics obtained. This presents our legitimate interests. For the exceptional cases wherein personal information is transferred to the US, Google has submitted to the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.
Third-party provider information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.
User Conditions: https://policies.google.com/terms?hl=en#toc-intro
Overview on data protection and compliance: https://policies.google.com/privacy?hl=en#enforcement as well as the Data Protection Statement: https://policies.google.com/terms?hl=en#toc-intro
Legal basis
The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. f of the GDPR.
Objection and revocation option
You can prevent the storage of cookies through a corresponding setting of your browser software. However, please note that if you do this, you may not be able to use all the functions of this website to the fullest possible extent. Furthermore, you can prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) for Google and the processing of this data by Google, by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en
Social plug-ins
Nature and scope of the data collection
We currently use the following social media plug-ins: Facebook, Google+, Twitter, YouTube, LinkedIn, and Instagram. We also use the so-called two-click solution. This means that when you visit our site, generally no personal data is initially passed on to the providers of the plug-ins. The provider of the plug-in can be identified by the marking on the box above its initial letter or logo. We give you the opportunity to communicate directly with the provider of the plug-in via the button. Only once you click on the marked field thereby activating it, shall the plug-in provider receive the information that you have accessed the corresponding website of our online offering. In addition, the following data is transmitted:
In the case of Facebook, according to the statement of the respective provider in Kenya, the IP address shall be anonymized immediately after collection. By activating the plug-in, personal information about you shall be transmitted to the respective plug-in provider and stored there (in the USA in the case of US providers). Because the plug-in provider carries out data collection via cookies in particular, we recommend that you delete all cookies before clicking on the greyed-out boxes via the security settings of your browser.
We have no influence on the collected data and data processing operations, nor are we aware of the full extent of the data collection, the purpose of the processing or the retention periods. Moreover, we have no information on the erasure of the data collected by the plug-in provider.
Purpose of the data collection
The plug-in provider stores the data collected about you as usage profiles and applies this for purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation is carried out in particular (including for users who are not logged in) for the presentation of needs-based advertising and in order to inform other social network users about your activities on our website. In terms of the plug-ins, we offer you the opportunity to interact with social networks and other users, so that we can improve our offer and make it more attractive for you as a user.
The data transfer takes place regardless of whether or not you have an account with the plug-in provider and are logged in there. If you are logged in with the plug-in provider, your data collected by us shall be assigned directly to your existing account with the plug-in provider. If you press the activated button and, for instance, link the page, the plug-in provider shall also store this information in your user account and share it publicly with your contacts. We recommend that you log out regularly after using a social network, especially so before activating the button in order to avoid any association of your profile by the plug-in provider.
Further information on the purpose and scope of the data collection and its processing by plug-in providers can be found in the data protection statements of these providers as listed below. There you can also find more information about your related rights and configuration options for the protection of your privacy.
Addresses of the respective plug-in providers and URL with their data protection notices:
Legal basis for the data collection
The legal basis for the use of plug-ins is Art. 6 para. 1 sentence 1 lit. f of the GDPR.
Objection and revocation option
You have the right to object to the formation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right.
We recommend that you log out regularly after using a social network, especially so before activating the button in order to avoid any association of your profile by the plug-in provider.
Transfer of data to third parties
Your personal data shall be passed on, where applicable, to supporting service providers which have been carefully selected by us. These may be technical service providers, service providers supporting us in distribution, or third-party companies involved in data processing (so-called outsourced data processing, external data processors). If we use external data processors, they are contractually obligated—under observance of the data protection regulations and according to our instructions—to handle your personal data with care, and neither to use it for their own purposes nor to pass it on to third parties.
Otherwise, your data shall be transferred to other third parties by us only if we are legally obliged to do so. Due to legal requirements, we are obliged to pass on your personal data to third parties in certain cases. Such is the case, for instance, if there is suspicion of a crime or misuse of this website. We are then required to disclose your personal data to the competent law enforcement authorities. Upon an order by the competent authorities, we may therefore provide information on this data in individual cases to the extent that this is necessary for the purposes of law enforcement, danger prevention, the fulfilment of statutory duties of constitutional protection authorities or the military counterintelligence, or for the enforcement of intellectual property rights.
Duration of the storage
Your personal data shall only be stored for as long as it is necessary for the required purpose. The personal data shall be erased as soon as it is no longer necessary to fulfil the purpose of the storage.
Should any personal data be processed about you, you are considered to be the data subject in the sense of the GDPR and you are entitled to the following rights with respect to the responsible body:
The right to information
You may request confirmation from the responsible body as to whether any personal data relating to you has been processed by us.
Should any such processing have been carried out, you may request information on the following details from the responsible body:
If the processing of the personal data relating to you has been restricted, such data may—apart from its storage—be processed solely with your consent or for the assertion, exercise or defense of legal claims, or for the protection of the rights of another natural or legal entity, or for reasons of significant public interest of the Union or of a Member State.
If the restriction of the processing was implemented in accordance with the abovementioned conditions, you shall be notified by the responsible body before the restriction is lifted.
Obligation to erase
You may request from the responsible body that the personal data relating to you be erased immediately. The responsible body is then obliged to erase this data immediately, provided that any of the following applies:
Information to third parties
If the responsible body has publicly disclosed the personal data relating to you and has an obligation to the erasure of such pursuant to Art. 17 para. 1 of the GDPR, it shall—taking into account the available technology and the implementation costs—take the appropriate measures, including those of a technical nature, to inform the responsible body who processes the personal data that you, as a data subject, have requested of them the deletion of all links to this personal data, or copies or replications of this personal data.
Exceptions
There is no right to erasure if the processing is necessary:
If you have asserted the right to rectification, erasure or restriction of processing with respect to the responsible body, the latter is obliged to communicate this rectification or erasure of data or the restriction of processing to all recipients to whom the personal data relating to you has been disclosed, unless this proves to be impossible or involves disproportionate effort.
You are entitled to the right, with respect to the responsible body, to be notified about these recipients.
You have the right to obtain the personal data relating to you, which you have provided to the responsible body, in a structured, commonplace and machine-readable format. Moreover, you have the right to transfer this data to another responsible body without interference by the responsible body to whom the personal data had been provided, as long as:
In exercising this right, you also have the right to issue that the personal data relating to you is transferred directly from one responsible body to another responsible body, provided that this is technically feasible. The freedoms and rights of other persons may not be affected thereby.
The right to data portability does not apply to the processing of personal data which is required for the performance of a task that is in the public interest or arises in the exercise of official authority, which has been transferred to the responsible body.
You have the right to object at any time—for reasons that arise from your particular situation—to the processing of personal data relating to you, which is carried out on the basis of Art. 6 para. 1 lit. e or f of the GDPR. This also applies to profiling based on these provisions. Please direct your objection to our data protection officers.
The responsible body shall no longer process the personal data relating to you, unless it can prove compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.
If the personal data relating to you is processed in order to engage in direct advertising, you have the right to object to the processing of the personal data relating to you at any time for the purposes of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
Should you object to the processing for direct marketing purposes, your personal data shall no longer be processed for these purposes.
You have the option, in connection with the use of services of the information society and notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures, whereby technical specifications are used.
You have the right to revoke your data protection consent declaration at any time. By revoking the consent, the legality of the processing carried out on the basis of consent shall not be affected up until the revocation.
You have the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects that impact you or which significantly affects you in a similar manner. This does not apply if the decision:
However, these decisions may not be based on special personal data categories pursuant to Art. 9 para. 1 of the GDPR, unless Art. 9 para. 2 lit. a or g applies, and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.
As regards the first and third exceptions, the responsible body shall take appropriate measures to uphold the rights and freedoms as well as your legitimate interests, which involves at least the right to obtain the intervention of a person on the part of the responsible body, upon the statement of its own position and upon the challenge to the decision.
Without prejudice to any other regulatory or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, place of work or place of alleged infringement, if you believe that the processing of the personal data relating to you violates the GDPR.
The supervisory authority, to which the complaint was lodged, shall inform the complainant on the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 of the GDPR.
We take no responsibility for the confidential handling of your data should you find hyperlinks on our website that take you directly onto the website of another provider (e.g. recognizable by the change of URL). Such is the case since we have no control over the compliance with data protection regulations by these companies. Please refer to the websites directly to find out about the handling of your personal data by these companies.
We use technical and organizational security measures to protect incoming or collected personal data about you, in particular against accidental or intentional manipulation, loss, destruction and against attacks by unauthorized persons. Our security measures are continuously improving in line with technological developments.