Introduction

Scenic Tours (USA), Inc. (“Scenic” or “We”) respects the privacy of its customers. Therefore, we are committed to the following privacy policy, which is designed to protect the information you share with us.

This privacy policy will inform you as to how we look after your personal data when you visit our website or make an inquiry or booking, and tell you about your privacy rights and how the law protects you. 

This privacy notice is provided in a layered format so you can click through to the specific areas set out below.

Purpose of this privacy notice

This privacy notice aims to give you information on how Emerald Cruises collects and processes your personal data through your use of this website, our telephones or booking systems, and includes any data you may provide through this website when you sign up to our newsletter, purchase a product or service or take part in a competition, contest or sweepstakes.
 
This website is not intended for children and does not cover Emerald Cruises’s affiliated operations outside of the United States, including those of Scenic Tours (UK Ltd).  Please review the privacy policy located at https://www.scenic.co.uk/privacy-policy if you would like to review the privacy information for Scenic Tours (UK Ltd).

Emerald Cruises will take every reasonable measure to ensure your information is secure and abide by this privacy policy. All users of our web site and our services agree to act in accordance with this policy.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact our office using the details set out below. 
 
Contact details
 
Our full details are:
 
Full name of legal entity: Emerald Cruises (USA)
 
Postal address: 4th Floor, 1 Financial Center, RE: Privacy Compliance, Boston, MA 02111

Email address: PrivacyPolicy@emeralwaterways.com

Types of information

Emerald Cruises collects a variety of information which is essential to provide our services to you.

The data we collect about you includes:

Personal data 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).

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

• Identity Data includes first name, maiden name, last name, passport numbers, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, postal address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, 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 includes purchases or bookings made by you, your interests, preferences, feedback and survey responses.  
• Usage Data includes information about how you use our website, bookings and services. 
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

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.

We also collect a special category of Personal Data, namely information about your health and genetic and biometric data, where you give us such details in the process of inquiring about or making a booking and its suitability for you. 

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

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 your travel itinerary). In this case, we may have to cancel any booking or service in its entirety that you have with us. We will notify you if this is the case at the time of cancellation. 

How is your personal data collected?

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

• Direct interactions. You may give us your Identity, Contact, health 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:

• Inquiry about our products or services;
• Make a booking;
• Request marketing to be sent to you; or
• Enter a sweepstakes, promotion or survey.

• 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, server logs 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 at https://www.emeraldyachtcrusies.com/cookies-policy for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below: 

• Technical Data from the following parties:

• analytics providers such as Google;
• advertising networks such as Facebook; and
• search information providers such as Google.

• Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

• Applications of employment and resume details in response to employment opportunities at Emerald Cruises.

Audio Recording

All telephone calls will be recorded subject to your consent. 
Details about your credit card are not recorded.

How we use your personal data

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.
• Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending 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.

Purposes for which we will use your personal data

We have set out below a description of the ways we plan to use your personal data.

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. 

Other purposes for collecting your information may include:

• To enable Emerald Cruises consultants to dispatch a brochure a customer has requested.
• To enable Emerald Cruises consultants to complete reservations by registered travel agents or customers.
• If you select, for Emerald Cruises to communicate with you about new products.
• If you select, for Emerald Cruises to communicate with you about any new touring options or special offers.
• To receive applications from users interested in applying for employment opportunities at Emerald Cruises.

Users are able to submit via e-mail to employment@scenicusa.com applications and resume details in response to employment opportunities within Emerald Cruises that are listed on the website.


When and to whom will personal data be disclosed?
Emerald Cruises will only use this information as set forth above. This includes providing necessary information to travel agents, airlines, hotels, insurance providers and attraction suppliers.

Marketing (Internal and Third Party)
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us
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.

You will receive marketing communications from us if you have requested information from us or purchased a product or service 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 that marketing.

Opting out
You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of booking or messages in connection with our performance of a contract with you.

Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see https://www.emeraldyachtcruises.com/cookies-policy

Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set forth above.

• Internal Third Parties: Other companies in the Scenic Group acting as processors and who are presently based in the UK, Australia, Switzerland, and the USA and who provide operational, product, IT and system administration services and undertake leadership reporting.
• External Third Parties: Service providers acting as processors based inside and outside the USA who provide product, IT, and system administration services, as well as professional advisers including lawyers, bankers, auditors and insurers based inside and outside the USA who provide consultancy, banking, legal, insurance and accounting services.
• 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.

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.

For users applying for employment opportunities at Emerald Cruises, resumes and applications are reviewed by the human resource manager and hiring manager who follow guidelines set out in an in internal Emerald Cruises privacy policy.

How do we keep your information safe?
We have put in place appropriate security measures designed to prevent your personal data from being accidentally lost, used or accessed in an unauthorized 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 who are subject to confidentiality obligations with Emerald Cruises.

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.
The information we receive from or about users is stored on systems designed to prevent the loss, misuse, unauthorized access, disclosure and alteration of the information under our control.

Registered travel agents using this site are issued with a user name and password. It is the responsibility of the agent to ensure this user name and password is kept confidential and not issued or shared with any other person.

Employment applications and resumes submitted by users to: employment@scenicusa.com will be disposed of using security disposal methods within one month of the application closing date.

Your legal rights
Under certain circumstances, and depending on the location of your legal residence, you have rights under data protection laws in relation to your personal data, which may include the following:

• Right to know the categories of personal data is being collected.
• Right to know the specific pieces of personal data collected about you.
• The business or commercial purpose for collecting your personal data.
• Right to know if your personal data is sold or disclosed and to whom.
• Right to opt out of the sale of personal data.
• Right to access your personal data.
• Request deletion of your personal data.
• Right to withdraw consent.

Your right to request deletion of your personal data may be limited if the personal data is required to protect your security and prosecute those responsible for breaching it or to comply with other legal obligations applicable to Emerald Cruises.

If you wish to exercise any of the rights set out above, please contact us.

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.

Time limit to respond
We will respond to all legitimate requests within 45 days of receiving a verifiable request.

Contact via Post at;
Full name of legal entity: Emerald Cruises
 
Postal address: 4th Floor, 1 Financial Center, RE: Privacy Compliance, Boston, MA 02111

Or via email at:
Email address: PrivacyPolicy@emeraldwaterways.com

Maintaining this policy
Emerald Cruises will promptly post any alterations to this privacy policy, and any changes will become effective once posted. Users are responsible for periodically checking our web site for changes to this policy.