At The Spencer Hotel

Introduction

Welcome to the Spencer Hotel Privacy Notice.

The Spencer Hotel, as part of the MHL Hotel Collection, treats the subjects of privacy, data protection and cybersecurity with the utmost seriousness. We have worked with and will continue to work with a variety of experts in these areas to meet and improve these standards.

Up to the point where you make a reservation with our hotel or submit an enquiry via the website, we will not be collecting any personal data that can identify you as an individual. Prior to this, the data we collect is completely anonymous and used to understand customer behaviour on our website. Even when request you to submit personal information to us, we aim to ensure this is only data that is relevant to facilitating your transaction with us; subscribing to our newsletter, answering queries submitted by contact forms and other related activity of a similar nature.

In compliance with the GDPR 2018, we commit to processing personal data in a manner that is transparent, fair, lawful, specific to a purpose, kept no longer than is needed and fully conscious of your rights. Furthermore, it will be kept safely and securely.

For the more detailed version of the above and our full privacy policy, please continue reading.

This Privacy Notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this Privacy Notice.

1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
10. CCTV POLICY
11. GLOSSARY

1.1 Purpose of this Privacy Notice

(a) This Privacy Notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you make a reservation, book a function, sign up to our newsletter, purchase a product or service, submit a query through our Contact Us form,

(b) or take part in a competition.

(c) This website is not intended for children and we do not knowingly collect data relating to children.

(d) It is important that you read this Privacy Notice together with any other Privacy Notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Notice supplements the other notices and is not intended to override them.

1.2 Controller

(a) This Privacy Notice is issued on behalf of the Spencer Hotel so when we mention “we”, “us” or “our” in this Privacy Notice, we are referring to the relevant company at Excise Walk, IFSC, Dublin 1, responsible for processing your data. The Spencer Hotel is the controller and responsible for this website.

(b) If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact reservations@thespencerhotel.com.

(c) You have the right to make a complaint at any time to the Office of the Data Protection Commission (“ODPC”), the Irish supervisory authority for data protection issues at info@dataprotection.ie. We would, however, appreciate the chance to deal with your concerns before you approach the ODPC so please contact us in the first instance.

1.3 Changes to the Privacy Notice and your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

1.4 Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2.1 Types of Data

(a) Personal data, or personal information, means any information about an individual from which that person can be identified. It does not  include data where the identity has been removed (anonymous data).

(b) We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

(i)  Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth and gender.

(ii)  Contact Data includes billing address, email address and telephone numbers.

(iii) Financial Data includes bank account and payment card details.

(iv) Transaction Data includes details about payments to and from you and other details of reservations or other offers you have purchased from us.

(v) Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, internet service providers, clickstream data, language, viewed and exit pages, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

(vi) Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

(vii) Usage Data includes information about how you use our website.

(viii) Information about the device you are using (mobile phone, tablet, laptop etc)

(ix) Marketing and Communications Data includes your preferences in receiving marketing from us, MHL Hotel Collection, and our third parties and your communication preferences

(x) If location is enabled, we collect information on where in the venue you have been

(c) We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

(d) We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

2.2 If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to reserve a room for you). In this case, we may have to cancel a booking you have with us but we will notify you if this is the case at the time.

2.3 How we Store your Data

Data is stored on our own secure servers in accordance with local regulations. If you do not login in to a venue for more than 1 year, all personally identifiable data we store about you is deleted.

We use different methods to collect data from and about you including through:

3.1 Direct interactions.

You may give us your Identity, Contact and Financial Data (We do not collect any information used to make financial transactions.) by filling in forms or by corresponding with us by post, phone, email, social media account, filling in a registration card in one of our hotels, or otherwise. This includes personal data you provide when you:

(a) make or manage a booking;

(b) request a brochure;

(c) create an account on our website;

(d) subscribe to our publications;

(e) request marketing to be sent to you;

(f) enter a competition, promotion or survey;

(g) apply for a job in our “Careers” section;

(h) signing into the hotel WiFi network

(i) transaction you make

(j) responses to surveys we send to you

(k) give us some feedback; or

(l) submit a query through the Contact Us form.

3.2 Automated technologies or interactions.

As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.

3.3 Third parties or publicly available sources.

We may receive personal data about you from various third parties as set out below:

(a) Technical Data from the following parties:

(i) analytics providers such as Google and AT Internet;
(ii) advertising networks such as Google and Adroll; and
(iii) search information providers such as Google and Bing;

(b) Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

4.1 Lawful basis

(a) We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances where:

(i) we need to perform the contract we are about to enter into or have entered into with you;

(ii) it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;

(iii) where we need to comply with a legal or regulatory obligation.

(iv) Your data may be used to understand how you use a particular venue, to communicate with you or to offer you relevant goods and services.

(b) Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at reservations@thespencerhotel.com

4.2 Purposes for which we will use your personal data

(a) We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

(b) Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at info@thespencerhotel.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the Table Here.

4.3 General marketing

We strive to provide you with choices regarding certain personal data uses, particularly in marketing and advertising. We have established the following personal data control mechanisms set out in paragraphs 4.4 – 4.8.

4.4 Promotional offers from us

(a) We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

(b) You will receive marketing communications from us if you have requested information from us, reserved a room with us, booked a function with us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

4.5  Marketing Material

(a) Using the information you provide, we will from time to time contact you with or make available to you (directly or indirectly) information on offers of goods and services, brochures, new products, forthcoming events or competitions from our hotel divisions and our group companies. We will tailor the information you receive or see; this will enable us to make available to you more personalised and relevant communications. We will use innovative technologies and work with business partners to achieve this.

(b) We will contact you directly or through a third-party service provider regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service-related communications. We will also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services.

These contacts may include:

• Email
• Text (SMS) messages
• Telephone calls
• Automated phone calls or text messages

(c) You may also update your subscription preferences with respect to receiving communications from us and/or our partners by unsubscribing or by contacting us directly. If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy policy applies. In addition, it will describe any choice options you have in regards to the use and/or sharing of your personal data with a co-branded partner, as well as how to exercise those options.

(d) With direct marketing, for example, we need your consent to make you aware of hotels, offers and services which may be of interest to you. We will do this by phone, post, email, text or through other digital media. If we ever contact you to get your feedback on ways to improve our hotels and services, you have the choice to opt out.

4.6  Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the Spencer Hotel for marketing purposes.

4.7 Opting out

(a) You can ask us or third parties to stop sending you marketing messages at any time by contacting us at info@thespencerhotel.com at any time. This does not apply to booking confirmations.

(b) Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a room reservation, function booking, or other transactions.

4.8 Cookies

Cookies are text files containing small amounts of information. They are sent back to the originating websites in order to recognise a user’s device. There is a number of different types of Cookies, each having a different purpose. you can read a further explanation on: http://www.allaboutcookies.org and http://www.youronlinechoices.eu/

4.9 Who may use your Data

Your data may be used by the owner of the venue you visited. Your data may also be provided to regulatory bodies where we are under a legal obligation to do this, to protect our own rights or if we feel someone’s safety is at risk.

5.1 We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above:

(a) External Third Parties as set out in the Glossary.

(b) third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets; alternatively, we may seek to acquire other businesses or merge with them; if a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.

5.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6.1 We do not transfer your personal data outside the European Economic Area (EEA).

6.2 Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

(a) for certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in the European Union;

(b) for certain service providers based in the US, we may transfer data to them under the Privacy Shield regime (if they are part of it) which requires them to provide similar protection to personal data shared between Europe and the US.

Please contact us at reservations@thespencerhotel.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

7.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable supervisory authority or other regulator of a breach where we are legally required to do so.

8.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

8.2  To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

8.3 By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax and other legal purposes.

8.4 In some circumstances you can ask us to delete your data: see below for further information.

8.5 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9.1  Under certain circumstances, you have rights under data protection laws in relation to your personal data:

(a) Request access to your personal data.

(b) Request correction of your personal data.

(c) Request erasure of your personal data.

(d) Object to processing of your personal data.

(e) Request restriction of processing your personal data.

(f) Request transfer of your personal data.

(g) Right to withdraw consent.

9.2 If you wish to exercise any of the rights set out above, please contact us at info@thespencerhotel.com

9.3 You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

9.4 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

9.5 We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

You have the right to:

Request access: to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction: of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure: of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing: of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have a compelling legitimate ground to process your information which overrides your rights and freedoms.

Request restriction of processing: of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer: of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time: where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain offerings to you. We will advise you if this is the case at the time you withdraw your consent.

10.1 Introduction

The purpose of this policy is to explain how information captured using CCTV is used and retained by The Spencer Hotel and set out your rights in relation to such information.

10.2 Purpose of CCTV

Closed Circuit Television Systems (CCTV) are used by The Spencer Hotel and are installed in line with the requirements of the business, as set out herein, and in compliance with the General Data Protection Regulation.

The purpose of the CCTV Systems are as follows:

Improving the safety and security of guests, visitors, employees and contractors by providing a means to investigate accidents and near misses so that risk management control measures can be implemented
Providing reassurance to staff and guests that control measures are in place relating to their safety and security
Providing assistance to local law enforcement authorities with reference to the investigation and prevention of crime (including counter-terrorism)
Deterring persons from committing crimes and to enhance the opportunities for detecting those who do
Discouraging anti-social behaviour including alcohol and drug-related crime on or about the premises

10.3 Access to CCTV Footage or Images

Access to the CCTV system and stored images is restricted to authorised The Spencer Hotel personnel only for the purposes set out above.

However, in appropriate circumstances, CCTV footage may be accessed:

By local law enforcement authorities, where The Spencer Hotel is required by law to assist in the carrying out of an investigation into a crime or anti-social behaviour.
By data subjects (or their legal representatives), pursuant to an access request where the time, date and location of the recordings is furnished to the hotel.
By individuals (or their legal representatives) subject to a court order

10.4 Retention Period and Security

The images captured by the CCTV is retained for a maximum of one month from the date of recording, except where longer storage of such images may be required to assist in any of the scenarios outlined above.

The images/recordings are stored in a secure environment with access strictly limited to those who are suitably authorised.

10.5 Access Requests

You have the right to request access to CCTV footage of you by submitting a written request to: The General Manager, The Spencer Hotel, Excise Walk, IFSC, Dublin 1, Ireland, D01 X4C9.

All requests will be dealt with in compliance with the duties and requirements imposed upon The Spencer Hotel as data controllers under the GDPR.

Individuals requesting access to CCTV images may be required to supply the following to assist the data request:

Adequate information to enable the information to be efficiently identified and located on our system
Sufficient information to establish that the applicant has a legitimate right to request access
Proof of identification through photographic identification, for example passport or driving license.

11.1 Lawful Basis

(a) Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best offering and the best and most secure experience; we make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests; we do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law); you can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at info@thespencerhotel.com .

(b) Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

(c) Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

11.2 Third Parties

(a) External Third Parties

(i) service providers based in Ireland who provide IT and system administration services;

(ii) professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the EEA who provide consultancy, banking, legal, insurance and accounting services; and

(iii) the Revenue Commissioners, regulators and other authorities acting as processors or joint controllers based in Ireland who require reporting of processing activities in certain circumstances.