GDPR Information
Your data protection rights under the General Data Protection Regulation
Last updated: September 2024
This page provides information for visitors from the European Economic Area (EEA) and the United Kingdom about how we process personal data in compliance with the General Data Protection Regulation (GDPR).
Data Controller
Emerald Crater is the data controller responsible for your personal data. Our contact details are:
Emerald Crater
42 Greenway Terrace
Byron Bay, NSW 2481
Australia
Email: [email protected]
Legal Basis for Processing
We process your personal data on the following legal bases:
Contractual Necessity
When you make a booking enquiry or reservation, we process your personal data as necessary to perform or enter into a contract with you. This includes:
- Processing your booking request
- Communicating about your travel arrangements
- Sharing necessary details with accommodation providers
- Processing payments
Legitimate Interests
We may process your data based on our legitimate interests, provided these are not overridden by your rights. This includes:
- Improving our website and services
- Preventing fraud and ensuring security
- Responding to enquiries
Consent
Where required, we obtain your consent before processing personal data. This applies to:
- Marketing communications
- Non-essential cookies
You may withdraw consent at any time by contacting us.
Legal Obligation
We may process data to comply with legal obligations, such as record-keeping requirements or responding to lawful requests from authorities.
Your Rights Under GDPR
As a data subject in the EEA or UK, you have the following rights:
Right of Access
You have the right to request a copy of the personal data we hold about you. We will provide this information within one month of your request, free of charge for the first request.
Right to Rectification
You have the right to request correction of any inaccurate or incomplete personal data we hold about you.
Right to Erasure
You have the right to request deletion of your personal data in certain circumstances, including:
- When the data is no longer necessary for its original purpose
- When you withdraw consent (where consent was the basis for processing)
- When processing is unlawful
This right may be limited where we have legal obligations to retain data or ongoing legitimate grounds for processing.
Right to Restrict Processing
You have the right to request restriction of processing in certain circumstances, such as when you contest the accuracy of data or object to processing based on legitimate interests.
Right to Data Portability
Where processing is based on consent or contract and carried out by automated means, you have the right to receive your personal data in a structured, commonly used, machine-readable format.
Right to Object
You have the right to object to processing based on legitimate interests. We will stop processing unless we demonstrate compelling legitimate grounds that override your interests.
You have an absolute right to object to direct marketing at any time.
Rights Related to Automated Decision-Making
You have the right not to be subject to decisions based solely on automated processing, including profiling, that produce legal effects or significantly affect you. We do not currently engage in such automated decision-making.
International Transfers
As an Australian company, transferring your data to us involves an international transfer outside the EEA. We ensure appropriate safeguards are in place, including:
- Standard contractual clauses approved by the European Commission
- Data processing agreements with our service providers
Data Retention
We retain personal data only for as long as necessary for the purposes it was collected:
- Booking records: 7 years for legal and accounting purposes
- Marketing preferences: Until you unsubscribe or request deletion
- Analytics data: Up to 24 months
- Enquiry correspondence: 3 years from last contact
Exercising Your Rights
To exercise any of your rights, please contact us at [email protected]. We may need to verify your identity before processing your request.
We will respond to all legitimate requests within one month. This period may be extended by two months for complex or multiple requests, in which case we will inform you of the extension.
Complaints
If you believe we have not handled your personal data properly, you have the right to lodge a complaint with a supervisory authority. For EEA residents, this is typically the data protection authority in your country of residence. For UK residents, this is the Information Commissioner's Office (ICO).
We encourage you to contact us first so we can address your concerns directly.
Updates to This Information
We may update this GDPR information from time to time. Changes will be posted on this page with an updated revision date.