1. Privacy Standard - Data Protection Policy ("POLICY")(DERBY Branch & LONDON Office)

Privacy Standard - Data Protection Policy ("POLICY")
(DERBY Branch & LONDON Office)

1.INTERPRETATION

The definitions used in this Policy are set out in the attached Schedule.

2.INTRODUCTION

This Policy sets out how M.O. Tourist Co. Limited (registered in England with registration number FC023316) ("we", "our", "us", "the Company") handle the Personal Data of our customers, suppliers, employees, workers and other third parties.

This Policy applies to all Personal Data we Process regardless of the media on which that data is stored or whether it relates to past or present employees, workers, customers, clients or supplier contacts, shareholders, website users or any other Data Subject.

This Policy applies to all Company Personnel ("you", "your"). You must read, understand and comply with this Policy when Processing Personal Data on our behalf and attend training on its requirements. This Policy sets out what we expect from you in order for the Company to comply with applicable law. It does not form part of any employee's contract of employment and may be amended at any time.

Your compliance with this Policy is mandatory. Related Policies and Privacy Guidelines are available to help you interpret and act in accordance with this Policy. You must also comply with all such Related Policies and Privacy Guidelines. Any breach of this Policy may result in disciplinary action.

This Policy (together with Related Policies and Privacy Guidelines) is an internal document and cannot be shared with third parties, clients or regulators without prior authorisation from the DPO.

3.SCOPE

We recognise that the correct and lawful treatment of Personal Data will maintain confidence in the organisation and will help provide for successful business operations. Protecting the confidentiality and integrity of Personal Data is a critical responsibility that we take seriously at all times.

All Directors are responsible for ensuring all Company Personnel comply with this Policy and need to implement appropriate practices, processes, controls and training to ensure such compliance.

The DPO is responsible for overseeing this Policy and, as applicable, developing Related Policies and Privacy Guidelines. That post is held by Mr. Mitsuru Horigome at Head office, ARCA CENTRAL 17F,1-2-1,Kinshi,Sumida-ku, Tokyo, 130-0013 Japan, who can be contacted at privacy@mo-tourist.com. Please contact the DPO with any questions about the operation of this Policy or the GDPR or if you have any concerns that this Policy is not being or has not been followed.

4.PERSONAL DATA PROTECTION PRINCIPLES

We adhere to the principles relating to Processing of Personal Data set out in the GDPR which require Personal Data to be:

(a) Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).

(b) Collected only for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (Purpose Limitation).

(c) Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation).

(d) Accurate and where necessary kept up to date (Accuracy).

(e) Kept in a form which permits identification of Data Subjects for no longer than is necessary for the purposes for which the data is Processed (Storage Limitation).

(f) Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality).

(g) Not transferred to another country without appropriate safeguards being in place (Transfer Limitation).

(h) Made available to Data Subjects and Data Subjects allowed to exercise certain rights in relation to their Personal Data (Data Subject's Rights and Requests).

We are responsible for and must be able to demonstrate compliance with the data protection principles listed above (Accountability).

5.LAWFULNESS, FAIRNESS, TRANSPARENCY

5.1 LAWFULNESS AND FAIRNESS

The GDPR is not intended to prevent Processing, but rather to ensure that the Processing of Personal Data is done lawfully, fairly and transparently and without therefore adversely affecting the rights of the Data Subject.

For Personal Data to be processed lawfully, it must be processed on the basis of one of the legal grounds set out in the GDPR. These include;

(a) Consent: the Data Subject has given his or her clear consent for us to Process their personal data for a specific purpose;

(b) the Processing is necessary for the performance of a contract to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to entering into a contract;

(c) to meet our legal compliance obligations.;

(d) to protect the Data Subject's vital interests;

(e) to pursue our legitimate interests for purposes where they are not overridden because the Processing prejudices the interests or fundamental rights and freedoms of Data Subjects. The purposes for which we process Personal Data for legitimate interests need to be set out in applicable Privacy Notices or Fair Processing Notices.

We are a business travel management company and therefore deal with all aspects of travel arrangements on behalf of our customers. Accordingly, in the course of our business, we are performing obligations arising from contracts and we also have a legitimate interest in collecting, using and Processing Personal Data so as to create discrete travel reservation orders and thereby satisfy our customers' needs. In the course of carrying out our contractual duties and our legitimate business interests we may share Personal Data with the third parties as explained in paragraph 13.5 below.

Where we handle Sensitive Personal Data, we only do so with the express consent of the Data Subject, our customer.

5.3 TRANSPARENCY (NOTIFYING DATA SUBJECTS)

The GDPR requires Data Controllers to provide detailed, specific information to Data Subjects depending on whether the information was collected directly from Data Subjects or from elsewhere. Accordingly therefore, if we collect Personal Data directly from Data Subjects, we will inform them about their rights under the GDPR including:

(a) The purpose or purposes for which we intend to Process that Personal Data and the legal basis for the Processing.

(b) The types of third parties, if any, with which we will share or to which we will disclose that Personal Data.

(c) The means, if any, with which Data Subjects can limit our use and disclosure of their Personal Data including the right to object to Processing.

(d) The right of subject access.

(e) The right to be forgotten.

(f) The right to withdraw consent, where Processing is based on consent.

(g) The right to rectification if data is inaccurate or incomplete.

(h) The right to data portability.

(i) Rights related to automated decision making and profiling.

We will also provide the Data Subject with the identity of the Data Controller and DPO.

When Personal Data is collected indirectly (for example, from a third party or publically available source), you must provide the Data Subject with all the information required by the GDPR as soon as possible after collecting/receiving the data. You must also check that the Personal Data was collected by the third party in accordance with the GDPR and on a basis which contemplates our proposed Processing of that Personal Data.

Where Sensitive Personal Data is collected we will tell the Data Subject that we are processing the Personal Data in accordance with their explicit consent.

6.PURPOSE LIMITATION

Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be further Processed in any manner incompatible with those purposes.

7.DATA MINIMISATION

Personal Data must be adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed. We will only collect Personal Data to the extent that it is required for the intended purposes.

8.ACCURACY

We will ensure that the Personal Data we use and hold is accurate, complete, kept up to date and relevant to the purpose for which we collected it. It must be corrected or deleted without delay when inaccurate. We will take all reasonable steps to destroy or amend inaccurate or out-of-date Personal Data.

9.STORAGE LIMITATION

Personal Data must not be kept in an identifiable form for longer than is necessary for the legitimate business purpose or purposes for which we originally collected it, including for the purpose of satisfying any legal, accounting or reporting requirements.

We will take all reasonable steps to destroy or erase from our systems all Personal Data when it is no longer required, unless a law requires such data to be kept for a minimum time. This includes requiring third parties to delete such data where applicable. For any offline data we hold, we will keep it for a period of no more than 1 year after which time it is deleted/shredded. In respect of sensitive matters such as visa applications, once a visa has been issued and sent out, that information will be shredded and deleted from our systems.

We will inform Data Subjects of the period for which data is stored and how that period is determined in any applicable Privacy Notice.

10.SECURITY INTEGRITY AND CONFIDENTIALITY

10.1 PROTECTING PERSONAL DATA

Personal Data must be secured by appropriate technical and organisational measures against unauthorised or unlawful Processing, and against accidental loss, destruction or damage.

We will develop, implement and maintain safeguards appropriate to our size, scope and business, our available resources, the amount of Personal Data that we own or maintain on behalf of others and identified risks (including the use of encryption where appropriate). We will regularly evaluate and test the effectiveness of those safeguards to ensure security of our Processing of Personal Data. We have reasonable and appropriate security measures against unlawful or unauthorised Processing of Personal Data and against the accidental loss of, or damage to, Personal Data. Particular care is necessary in protecting Sensitive Personal Data from loss and unauthorised access, use or disclosure.

We will only transfer Personal Data to third-party service providers who have the required policies and procedures in place to protect Personal Data and who agree to put adequate measures in place, as requested.

We maintain data security by protecting the confidentiality, integrity and availability of the Personal Data, defined as follows:

(a) Confidentiality means that only people who have a need to know and are authorised to use the Personal Data can access it.

(b) Integrity means that Personal Data is accurate and suitable for the purpose for which it is processed.

(c) Availability means that authorised users are able to access the Personal Data when they need it for authorised purposes.

10.2 REPORTING A PERSONAL DATA BREACH

The GDPR requires Data Controllers to notify any Personal Data Breach to the applicable regulator and, in certain instances, the Data Subject.

Where we know or suspect that a Personal Data Breach has occurred, it must be reported to the DPO, All evidence relating to the potential Personal Data Breach must be preserved.

11.TRANSFER LIMITATION

The GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of data protection afforded to individuals by the GDPR is not undermined. You transfer Personal Data originating in one country across borders when you transmit, send, view or access that data in or to a different country.

We will only transfer Personal Data outside the EEA on the basis that the transfer is necessary for one of the other reasons set out in the GDPR including the performance of a contract between us and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving Consent and, in some limited cases, for our legitimate interest.

12.DATA SUBJECT'S RIGHTS AND REQUESTS

We will Process Personal Data in line with the Data Subject's rights which include the right to:

(a) withdraw Consent to Processing at any time (where Consent has been given);

(b) receive certain information about the Data Controller's Processing activities;

(c) request access to their Personal Data that we hold;

(d) prevent our use of their Personal Data for direct marketing purposes;

(e) ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it was collected or Processed or to rectify inaccurate data or to complete incomplete data;

(f) restrict Processing in specific circumstances;

(g) challenge Processing which has been justified on the basis of our legitimate interests or in the public interest;

(h) request a copy of an agreement under which Personal Data is transferred outside of the EEA;

(i) prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;

Any Data Subject Access requests by which Data Subjects ask for the information we hold about them should be made in writing to Mr Takeshi Kozai who can be contacted on takeshi.kozai@moair.co.uk, with a copy to the DPO who will verify any such requests before any information is provided by Mr Takeshi Kozai.

13.ACCOUNTABILITY

13.1

The Data Controller must implement appropriate technical and organisational measures in an effective manner, to ensure compliance with data protection principles. The Data Controller is responsible for, and must be able to demonstrate, compliance with the data protection principles.

The Company must have adequate resources and controls in place to ensure and to document GDPR compliance including:

(a) appointing a suitably qualified DPO (where necessary) and an executive accountable for data privacy;

(b) implementing Privacy by Design when Processing Personal Data and completing DPIAs where Processing presents a high risk to rights and freedoms of Data Subjects;

(c) integrating data protection into internal documents including this Policy, Related Policies, Privacy Guidelines, Privacy Notices or Fair Processing Notices;

(d) regularly training Company Personnel on the GDPR, this Policy, Related Policies and Privacy Guidelines and data protection matters including, for example, Data Subject's rights, Consent, legal basis, DPIA and Personal Data Breaches. The Company must maintain a record of training attendance by Company Personnel; and

(e) regularly testing the privacy measures implemented and conducting periodic reviews and audits to assess compliance, including using results of testing to demonstrate compliance improvement effort.

13.2 RECORD KEEPING

The GDPR requires us to keep full and accurate records of all our data Processing activities.

13.3 TRAINING AND AUDIT

We are required to ensure all Company Personnel have undergone adequate training to enable them to comply with data privacy laws. We must also regularly test and review our systems and processes to assess compliance.

13.4 DATA PROTECTION IMPACT ASSESSMENT (DPIA)

In the event that we consider any high risk Processing will be done by us, we will consider whether a DPIA is necessary (and will discuss any findings with the DPO). In particular, we will conduct a DPIA when implementing major system or business change programs involving the Processing of Personal Data including:

(a) use of new technologies (programs, systems or processes), or changing technologies (programs, systems or processes);

(b) Automated Processing including profiling and ADM;

(c) large scale Processing of Sensitive Data; and

(d) large scale, systematic monitoring of a publicly accessible area.

A DPIA must include:

(i) a description of the Processing, its purposes and the Data Controller's legitimate interests if appropriate;

(ii) an assessment of the necessity and proportionality of the Processing in relation to its purpose;

(iii) an assessment of the risk to individuals; and

(iv) the risk mitigation measures in place and demonstration of compliance.

13.5 SHARING PERSONAL DATA

We may share Personal Data we hold with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006. In addition, we also operate a number of branches outside of the EU and in those instances, we have entered into an agreement with them so that they are also bound by the terms of this Policy.

Generally we are not allowed to share Personal Data with third parties unless certain safeguards and contractual arrangements have been put in place. Because of the nature of our business, however, we necessarily have to share Personal Data with third parties such as the following:

  • Travel industry central reservation system (whether GDS or Cytric) as operated by Amadeus e-Travel, the e-commerce business unit of Amadeus IT Group S.A or such other company as may operate the industry reservation system;
  • reservation systems of travel service vendors (such as, but not limited to, airlines, railways, hotels, car rental agencies) (whether directly or indirectly);
  • car rental or chauffeur companies;
  • visa agencies and any relevant Embassy;
  • Insurance companies or regulatory authorities so as to comply with any legal and regulatory issues and disclosures;
  • Public authorities such as customs or immigration if required by them or as required by law;
  • Where any travel is to the USA, the US Customs and Borer Protection for the purposes of preventing and combatting terrorism and other transnational serious crimes
  • Any legal or crime prevention agencies and/or to satisfy any regulatory request if we have a duty to do so or if the law allows us to do so;
  • Any other third party contractors and advisors that provide a service to us or act as our agents;
  • Specific third party websites so as to complete information relating to customers' travel arrangements.

We share the Personal Data we hold with these third parties because:

(a) they have a need to know the information for the purposes of providing the contracted services;

(b) sharing the Personal Data complies with the Privacy Notice provided to the Data Subject and, if required, the Data Subject's Consent has been obtained;

(c) the third party has agreed to comply with the required data security standards, policies and procedures and put adequate security measures in place; and/or

(d) the transfer complies with any applicable cross border transfer restrictions.

14.CHANGES TO THIS PRIVACY STANDARD

We reserve the right to change this Policy at any time. We last revised this Policy on 01st April 2018 and made the following changes: 25th May 2018

This Policy does not override any applicable national data privacy laws and regulations in countries where the Company operates.

SCHEDULE

Company name:

M.O. Tourist Co. Limited (registered in England with registration number FC023316)

Company Personnel:

all employees, workers contractors, agency workers, consultants, directors, members and others.

Consent:

agreement which must be freely given, specific, informed and be an unambiguous indication of the Data Subject's wishes by which they, by a statement or by a clear positive action, signifies agreement to the Processing of Personal Data relating to them

Data Controller:

the person or organisation that determines when, why and how to process Personal Data. It is responsible for establishing practices and policies in line with the GDPR. We are the Data Controller of all Personal Data relating to our Company Personnel and Personal Data used in our business for our own commercial purposes.

Data Subject:

a living, identified or identifiable individual about whom we hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data.

Data Protection Officer (DPO):

the person required to be appointed in specific circumstances under the GDPR. Where a mandatory DPO has not been appointed, this term means a data protection manager or other voluntary appointment of a DPO or refers to the Company data privacy team with responsibility for data protection compliance.

EEA:

the 28 countries in the EU, and Iceland, Liechtenstein and Norway.

Explicit Consent:

consent which requires a very clear and specific statement (that is, not just action).

General Data Protection Regulation (GDPR):

the General Data Protection Regulation ((EU) 2016/679). Personal Data is subject to the legal safeguards specified in the GDPR.

Personal Data:

any information identifying a Data Subject or information relating to a Data Subject that we can identify (directly or indirectly) from that data alone or in combination with other identifiers we possess or can reasonably access. Personal Data includes Sensitive Personal Data but excludes anonymous data or data that has had the identity of an individual permanently removed. Personal data can be factual (for example, a name, email address, location or date of birth) or an opinion about that person's actions or behaviour. Personal Data specifically includes, but is not limited to name, address, date of birth, passport information, spouse child or parents' names, telephone numbers, email addresses, emergency contact details, travel insurance details, employment details, income data, work permit information, previous travel destinations, personal preferences, loyalty card information, car registration details, social media accounts, school history and proof of identification (such as copy bank statement or utility bill).

Privacy by Design:

implementing appropriate technical and organisational measures in an effective manner to ensure compliance with the GDPR.

Privacy Guidelines:

the Company privacy/GDPR related guidelines provided to assist in interpreting and implementing this Privacy Standard and Related Policies, available here: ・EU General Data

Terms and Condition(DERBY Branch & LONDON Office)

https://www.mo-tourist.co.jp/en/gdpr/termscondition.htm

Privacy Standard - Data Protection Policy(DERBY Branch & LONDON Office)

https://www.mo-tourist.co.jp/en/gdpr/dataprotection.html

General Data Protection Regulation (GDPR)(DERBY Branch & LONDON Office)

https://www.mo-tourist.co.jp/en/gdpr/generaldata.html

Privacy Notices or Privacy Policies:

separate notices setting out information that may be provided to Data Subjects when the Company collects information about them. These notices may take the form of general privacy statements applicable to a specific group of individuals (for example, employee privacy notices or the website privacy policy) or they may be stand-alone, one time privacy statements covering Processing related to a specific purpose.

Processing or Process:

any activity that involves the use of Personal Data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transmitting or transferring Personal Data to third parties.

Sensitive Personal Data:

information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data, and Personal Data relating to criminal offences and convictions.