Soneva

Privacy Policy

Privacy Policy

Last updated: 2 December 2019.
Welcome to the privacy policy (“Privacy Policy”) of Soneva.

This Privacy Policy applies when you visit www.soneva.com, china.soneva.com, or www.sonevavillaownership.com or www.siamdiscoveryair.com (collectively, “our Websites”) and may be updated at any time. This Privacy Policy and each updated version will take effect once we have posted it on our Websites. As such, we encourage you to review this Privacy Policy each time you visit our Websites.

Soneva is made up of five different legal entities: Bunny Holdings (BVI) Limited, Hillside Villa Private Limited, SIA Investments BVI Limited, Soneva Mauritius Limited and Tropical Island Limited (the “Soneva Group”). This privacy policy is issued on behalf of the Soneva Group so when we mention “Soneva”, “we”, “us” or “our” in this privacy policy, we are referring to the relevant company in the Soneva Group responsible for processing your data.

We respect your privacy and we are committed to protecting your personal data. This Privacy Policy will inform you as to whether and how we collect information about you when you visit our Websites (regardless of where you visit it from) and how we use such information.

1 Important information and who we are

1.1 Purpose of this privacy policy
This Privacy Policy aims to give you information on how we collect and process your personal data through your use of our Websites, including any data you may provide through our Websites when you sign up to our newsletter, register to use our services, raise an inquiry or make a booking or reservation with us.

It is important that you read this privacy policy together with any other privacy policy 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.

1.2 Use by Children
This website is not intended for children and we do not knowingly collect data through our Websites relating to children. Although our Websites are not targeted toward children, we are concerned about the safety and privacy of children who use the Internet. If a child under 13 has provided personally identifiable information to us through our Websites, a parent or guardian may inform us using the contact details in Section 1.4 below, and we will delete it from our database (although please refer to Section 9 below on data retention).

1.3 Contact details
Our Digital Manager is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights (including those set out in Section 10 below), please contact our Digital Manager using the details set out below.

Full name of legal entity: Soneva Mauritius Limited

For the attention of: Digital Manager

Email address: [email protected]

Postal address: IFS Court, 28, Cybercity, Ebene, Mauritius.

Thailand Toll Free: 180 001 2068 | UK Toll Free: 0 800 048 8044 | US Toll Free : 1833 7058 298 | China Toll Free: 400 1209 100 | Telephone: +91 124 4511000 | WhatsApp: +91 124 4511000

Website: https://www.soneva.com/contact-us/

If you are within the EU, you have the right to make a complaint at any time to the relevant supervisory authority for data protection issues in your country. For a list of these authorities, please contact us. We would, however, appreciate the chance to deal with your concerns before you approach the relevant supervisory authority so please contact us in the first instance.

1.4 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.

1.5 Third-party links
This Privacy Policy concerns only our Websites and does not concern any third-party websites, plug-ins, or applications to which our Websites may include links to. 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 any of our Websites, we encourage you to read the privacy policy of every website you visit.

2 The data we collect about you

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

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data which includes first name, maiden name, last name, username or similar identifier, title, and date of birth.
Contact Data, which includes billing address, delivery address, email address and telephone numbers.
Financial Data, which includes bank account and payment card details.
Transaction Data, which includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data, which includes internet protocol (IP) addresses, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data, which includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data, which includes information about how you use our Websites and services.
Marketing and Communications Data, which includes your preferences in receiving marketing from us and our third parties and your communication preferences.

2.2 We also collect, use and share Aggregated Data such as statistical or demographic data for the purpose of improving our services and offerings, among others. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data has been de-identified such that it 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 Policy.

2.3 The term Special Categories of Personal Data refers to information related to 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. We do not generally collect any Special Categories of Personal Data about you.

2.4 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 provide you with goods or services). In that case, we may have to cancel a product or service you have with us but we will notify you if that is the case at the time.

3 How your personal data is collected
3.1 We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
apply for our products or services;
make a booking or reservation or raise an enquiry about our products or services through our Websites;
create an account on any of our Websites;
subscribe to our service or publications including our newsletter;
request marketing (including exclusive offers) to be sent to you;
enter a competition, promotion or survey; or
give us some feedback.
Automated technologies or interactions. As you interact with our Websites, we may automatically collect Technical Data about your equipment, browsing actions and patterns.
Third parties or publicly available sources. We may receive personal data about you from various third parties that are lawfully entitled to share your data with us and public sources as set out below:
analytics providers such as Google based outside the EU;
advertising networks such as Google Network Display based outside the EU; and
providers of technical, payment and delivery services for Contact, Financial, and Transaction Data.

4 Cookies

4.1 Our Websites use “cookies,” which is a small text file containing a random and unique identifier that either Soneva or a business partner, such as a third-party web analytics provider, transfers to your computer through your web browser (unless you set your browser to reject cookies). Soneva uses cookies to, among other things, recognize your browser, track your movement through the website, track the point of registration for those users signing up for mailings or programs, and track and measure the success of a marketing campaign. Cookies help us understand our visitors’ needs and interests, and we use that information to improve our Websites and the products and services offered. We do not use cookies to store any personal information that could be read or understood by others.

4.2 Soneva uses analytics platforms, including Google Analytics, to collect information about your use of our Websites. Google Analytics collects information such as how often users visit our Websites, what pages users visit, and what other sites they visited prior to or after coming to our Websites. More information on how Google Analytics uses your data can be found at www.google.com/policies/privacy/partners/. We use the information we get from Google Analytics only to improve our Websites. By using our Websites with your browser set to accepting cookies, you consent to our and Google Analytics’ use of cookies on our Websites.

4.3 Soneva also re-targets cookies to allow 3rd party service providers to provide advertisements on our behalf across the internet. These service providers may collect your IP address and non-personal data about your visits. This is completely anonymous and does not include your name, address, email address or any other personal information. Additionally, these re-targeted cookies are used to gather anonymous statistical information on how the website is browsed. These re-targeted cookies will expire after 10 years.

4.4 You can block cookies by activating the setting on your browser that allows you to refuse all or some cookies. For more information about cookies, including how to set your internet browser to reject cookies, please go to www.allaboutcookies.org or http://www.networkadvertising.org. You can also specifically opt-out of Google Analytics using this tool. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

4.5 Do-Not-Track.

We do not track visitors of our Websites over time and/or across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (“DNT”) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. You should consult the help pages of your browser to learn how to set your preferences so that websites do not track you.

5 How we use your personal data

5.1 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 we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.

5.2 Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to the collection of cookies (please see Section 4) and sending third party direct marketing communications to you via email or text message (see further Section 5.3). We will always ask you separately when we seek your consent. You have the right to withdraw consent to marketing at any time as set out in Section 10.7

5.3 We have set out below, in a table format a description of all the ways we plan to use your personal data, the legal basis we rely on to do so. We have also identified what our legitimate interests are for processing where appropriate. Please contact our Digital Manager using the details set out in Section 1.3 if you have any queries about this table and the lawful basis for processing your personal data.

Purpose/Activity
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
(a) Identity
(b) Contact
Performance of a contract with you
To process and deliver your booking or reservation which may include:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (i.e., to recover debts due to us)
To manage our relationship with you which may include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
(c) managing your personal service preferences at our resorts
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (i.e., to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (i.e., to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business, our websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (i.e., for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests (i.e., to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our websites, products/services, marketing, customer relationships and experiences
(a) Technical
(b) Usage
Necessary for our legitimate interests (i.e., to define types of customers for our products and services, to keep our websites updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you and to provide details of our exclusive offers
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
Necessary for our legitimate interests (i.e., to develop our products/services and grow our business)

5.3 Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We or our affiliates may use your Identity, Contact, Technical, Usage, or 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 for marketing purposes.

You will receive marketing communications from us if you have requested information from us, made a reservation or booking with us or otherwise signed up to receive services from 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 marketing.

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

You can ask us or any third parties to stop sending you marketing messages at any time simply by clicking the “unsubscribe” link in the footer of any of our or the third party’s emails. Alternatively, consent to marketing from us can be withdrawn by emailing [email protected]

When you opt out of receiving marketing messages, the opt out will not apply to personal data provided to us as a result of a booking or reservation made with us.

5.4 Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please email our Digital Manager using the contact details in Section 1.4 for further information.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with this Privacy Policy, where required or permitted by law.

6 Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in the table in Section 5.2 above:
Other companies in the Soneva portfolio acting as joint controllers or processors and who may be based in any country in which Soneva has a resort for the provision of shared IT and system administration services and to undertake leadership reporting and to ensure your personal service preferences are made available to all resort hotels.
Other entities that are affiliates of ours, to provide and develop our services, in accordance with this Privacy Policy.
Service providers acting as processors who provide IT and system administration services or customer relationship management, marketing, communication and/or market research companies.
Professional advisers acting as processors including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
Regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
Third parties to whom we may choose to sell, transfer, or merge parts or all of our business or our assets, whether directly or indirectly, in a single transaction or series of related transactions. Alternatively, we may seek to acquire other businesses, entities or assets or merge with them. If a change happens to our business, then the new owners and their affiliates will have access to and use your personal data in accordance with this Privacy Policy (including for marketing activities in accordance with Section 5.3).

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.

7 International transfers

7.1 We may share your personal data across entities within the Soneva Group, which may result in the transfer of your data outside the European Economic Area (EEA). We ensure your personal data is protected by requiring all the Soneva Group to follow the same rules when processing your personal data.

Many of our third party service providers are based outside the EEA so their processing of your personal data will also involve a transfer of data outside the EEA. This includes where your information is held on our secure database which is stored on a server located in a data center in Bangkok, Thailand.

7.2 Where we transfer information which originates in the EU to a country outside the EEA, we will ensure a similar degree of protection is afforded to such information as in the EU by ensuring at least one of the following safeguards is implemented:
The personal data is transferred to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
Robust contracts are in place with our third party service providers ensuring they only process data in accordance with our instructions and that they are bound by the terms of this Privacy Policy and as a minimum meet the standards required by the EU General Data Protection Regulations.
Where we use third party service providers based in the US, we may transfer data to them if they are part of the EU-U.S. Privacy Shield Framework, which requires such providers to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact our Digital Manager using the details set out in Section 1.3 if you require further information on the specific mechanism used by us when transferring your personal data out of the EEA.

8 Data security
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.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

9 Data retention - how long will you use my personal data for?
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.

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.

Details of the specific retention periods for different aspects of your personal data are available from our Digital Manger using the contact details set out in Section 1.3.

In some circumstances you can ask us to delete your data: see Your Legal Rights in Section 10 below for further information.

In some circumstances we may de-identify or 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.

10 Your Legal Rights

10.1 You have the following rights under data protection laws in relation to your personal data:
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 or deletion 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.
Please also note that we often need to retain certain data for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or reservation, or enter a promotion, you may not be able to change or delete the personal data provided until after the completion of such purchase, reservation, or promotion). Such data will be retained in accordance with Section 9 (Data Retention).
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 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 compelling legitimate grounds to process your information which override 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 data processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
No discrimination You have the right to not be discriminated against for choosing to exercise a right under applicable law.

If you wish to exercise any of the rights set out above, please contact our Digital Manager using the contact details set out in Section 1.3.

10.2 No fee required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights set out in this Privacy Policy).

10.3 What we may need from you
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.

10.4 Time limit to respond
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.

10.5 Data Controller
For the purpose of the European Union (“EU”) General Data Protection Regulation, Soneva Mauritius Limited is the company who controls the data of all Soneva resorts and Soneva Group and will be the data controller for your data that we collect through our Websites.

11 California’s Shine the Light Law
California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.