2. Your Consent
3. Copyright Notice
4. About Us
5. Contacting Us
6. Our Commitment
8. What Laws We Comply With
9. What Types Of Personal Information We Process
10. How We Collect Or Generate Your Personal Information
11. What Do We Use Your Personal Information For?
12. Use Of Your Personal Information For Direct Marketing
13. Disclosure Of Your Personal Information
14. How Third Parties Will Handle Your Personal Information
15. Location Of Your Personal Information
16. Keeping Your Information Secure
17. How Long Do We Keep Your Personal Information For?
18. Your Rights
20. Applicable Law And Disputes
21. Linked Websites
which governs the way we collect, use and protect any personal information that
you provide to us. It serves as an expression of our commitment to protecting your
personal information, but is not a contract between you and us. Please see Section
18 below for your rights in relation to your personal information.
By using our websites, using our social media channels, posting comments about us
in any forum, providing any personal information to us, making enquires with us
for travel services, creating an online account or booking any travel services with
us, you confirm that you agree to and consent to the terms of this document and
our collection and use of your personal information, to the extent that your consent
is required by any applicable law.
This document, and all content of our websites is Copyright© 2014 Creative Tours
Pty. ALL RIGHTS RESERVED.
as Creative Holidays (referred to as "we", "us"
or "our"). We are incorporated under the laws of New South Wales.
Our registered office is Travel House, 35 Grafton Street, Bondi Junction, NSW 2022.
personal information, including any complaints, please contact us either by e-mail
telephone on 1300 747 400, or by post to:
The Privacy Officer
Travel House, 35 Grafton Street
Bondi Junction, NSW 2022 Australia
We respect your right to privacy and we aim to ensure you have a trustworthy experience
with us, including when using our websites or shops and booking with or through
us. We understand that you care about how your personal information is used by us,
and we want to share with you the policies and practices we’ve adopted. This way
you can feel confident about how we handle your personal information that you entrust
who are booking or enquiring about booking travel services with or through us or
who are the recipients of any travel services booked with or through us (e.g. you
are the passenger for a booking or booking enquiry made by someone else for you),
or who are customers or potential customers or recipients of travel services that
can be booked with or through us.
Examples of who this policy covers
individuals who are making any enquiry or booking with us or through us, and individuals
in respect of whom any enquiry or booking is made (such as friends, family members,
and tour group members, and officers and employees of businesses and organisations
booking with or through us); (2) individuals in respect of whom any enquiry or booking
is made with us by an agent; (3) where our customer is a business or organisation,
employees or individuals who are acting as representatives of that business or other
organisation, and individuals connected to that business or other organisation,
such as owners, partners, shareholders, and directors; (4) individuals who visit
our website or other online sites operated by us or our contractors or affiliates;
(5) individuals who create an online account (if applicable); (6) individuals whose
personal information from other companies in our group (such as where you have consented
to your personal information being disclosed to other group companies for marketing
purposes); and (7) individuals or businesses from any other arrangement with us.
When we are an information processor only
strictly as a sub-contractor or information processor on behalf of a third party,
and not on our own account. In this case, you should look to that third party, who
will be answerable for how we process that personal information and its privacy
Terms used in this policy
When we refer to "you" and "your" in this privacy
policy, we refer to you, any such individual whose personal information we process
from time to time.
When we refer to “process” or "processing" of your personal
information, this includes collecting, recording, storing or holding your personal
information, and anything we do with it, such as organizing, adapting or altering
it, retrieving, consulting or using it, disclosing it or otherwise making it available
to others, combining it with other information, and blocking, erasing or destroying
When we refer to "travel services" this covers all products and
services which may be booked with or through us, such as bespoke holidays, package
holidays, accommodation, tours, transport and transfers (whether by air, coach,
bus, train, ferry, taxi or other means), car hire, cruises, and charters, and it
includes both (1) all such products and services which we supply or operate ourselves
(including where we sub-contract); and (2) any such products and services provide
by a third party which we book for you (acting as agent for you or that third party).
Travel services also includes any services we or a third party provide in association
with travel, such as obtaining visas, foreign exchange, and providing local representatives
What Laws We Comply With
We process your personal information in accordance with the following privacy law(s):
the Australian Privacy Principles contained in the Privacy Act, 1988 which regulates
the handling of personal information about individuals. This includes the collection,
use, storage and disclosure of personal information. Our regulator is the Office
of the Australian Information Commissioner (OAIC) (http://www.oaic.gov.au/)
We also comply generally with the laws of Australia in relation to the processing
of your personal information, and not any other laws.
What Types Of Personal Information We Process
This section summarises the types of personal information about you that we process:-
Information concerning you as an individual
This includes name, age, photograph, gender, address, telephone, mobile, fax, e-mail,
social networking contact details, proofs of identity and address, copies of passports,
driving licences, card and other payment details, and financial information, health
information relevant to your planned travel, and travel insurances held, results
of searches carried out against you, your preferences, frequent flyer or travel
partner program affiliation and member number, and any other information provided
to us by or in relation to you which concern you as an individual.
In some instances it may be necessary to collect “sensitive information”, such as
your religion and details of medical, dietary, mobility or factors relevant to your
booking. As we are required by law to obtain your consent to the collection of “sensitive
information”, we will assume, that when you provide such information to us, you
have consented to our collection and use of it In accordance with this policy.
Business related information
If you are an individual associated with a business or other organisation that is
our customer, then your personal information may include the following information
that we link to you: business or organisation details (such as name, address, telephone
numbers, payment arrangements, financial information, etc.), your relationship with
that business or organisation (such as owner, partner, director, shareholder, employee,
or agent), and your contact details within that business (such as work address,
work telephone and mobile numbers, work fax number, and work e-mail address).
Enquiry and booking information
Information concerning enquiries and bookings made with or through us for travel
services, including where you are making the enquiry or booking or are the recipient
of the travel services to which the enquiry or booking relates. This information
may include: records of enquiries and searches for holiday and travel products made
by or on your behalf, details of your personal interests, needs and other information
relevant to your enquiry; details of results, quotes, proposals, estimates and other
information given in response to enquiries; details of the holiday, accommodation,
travel, car hire, and other travel services booked or enquired about; details of
the passengers / holidaymakers travelling; details of the provider of the travel
services (e.g. tour operator); dates and times of travel; price; payment details
(including card details); passport information and visa information; foreign exchange
requirements and arrangements; and sensitive information such as health, medical,
dietary, mobility, disability, religious or other special conditions or requirements.
Information generated concerning the performance of any booking or other contract
made with or through us, including information relating to anything arising during
any holiday or other travel services, and information relating to payments to be
Information collected or generated out of any surveys we conduct.
Feedback and user generated content (UGC)
Information or content provided
by you in relation to your feedback or experience on a past current or future trip
Information collected or generated out of any competitions or promotions we run.
Account, registration and loyalty information
Information concerning any accounts, registrations, or memberships with us, or participation
in any loyalty program.
Correspondence, communications and messages, including between you and us, and between
us and third parties, including relating to any booking or booking enquiry, or performance
of any contract.
Any information (including your social media user details, feedback, comments and
photos) you post on our social media channel or any forum which relates to us.
Website usage information
We may collect information about your visits to, browsing of, and use of our website,
unless your web browser blocks this. The range of information we collect will depend
on how you interact with our website.
This information may include: your IP address (a unique identifier allocated to
your computer for your connection to the internet); your computer device details
(PC, tablet, smartphone, watch etc.); the make and version of web browser (e.g.
Internet Explorer, Firefox, Safari, Opera, Chrome) you are using; your operating
system (e.g. Windows, Windows Phone, OSX, iOS, Android, Linux etc); your time-zone;
your browser plug-ins; any web-page you came from, identified as the referrer web
page address by your web browser; cookies; page response times; download error;
pages and parts of pages you visit; usage you make of our website, including enquiries
and searches undertaken, and registrations for accounts, forums etc.; services and
products you viewed; length of visit to website and pages; page interaction information
(such as scrolling, keys pressed, mouse clicks, touches, and mouse-overs). This
will normally be collected and used anonymously, and aggregated for analysis, with
your name and any characteristics identifying you remaining anonymous, but our privacy
policy will apply, and it will be treated as your personal information, if this
information is in any way linked to you personally.
This information may also include: information inputted into forms and field; registrations
for any accounts, forum, feedback mechanism, social functionality, newsletters or
other features of our site; usernames and passwords, log-in / out history, and settings;
actions taken within any account or other registration, including view and update
and changes to settings; and posts to any forum, feedback, review or other social
functionality on our website.
How We Collect Or Generate Your Personal
This section sets out the ways in which we may collect or generate personal information
Visiting our website
By visiting and using our website you or your computer may provide personal information.
This includes: information which is automatically provided by your browser to our
servers; information record on our web servers about your interaction with our website
and pages viewed; information we capture or place on your computer or generate using
cookies or other technologies on our website; and information you input into forms
and fields on our website.
Cookies - Cookies collect information that includes the server your computer
is logged onto, your browser type and how you gained entry to our website. Therefore,
when you visit our website anonymously, details are recorded about your visit, such
as, in addition to the matters described in the previous paragraph, time and date,
pages accessed and time spent. This information is used in an anonymous form for
statistical purposes and as such, cannot be used to identify you individually. A
cookie cannot retrieve any other information from your hard drive, pass on computer
viruses or capture your email address or any other personally identifiable information.
You should note that accepting cookies is required if you want to view our websites,
because they are essential for our site administration and security.
You may disable cookies or set your browser to alert you when cookies are being
sent. If you do disable cookies, we may be unable to optimize your visit to our
site and you may experience some errors. Refer to your browser instructions or help
screens to learn about these functions. If you reject all cookies, you may not be
able to use our web sites.
Information you provide
Your personal information will include information you provide (or later amend),
whether: from correspondence with you; verbally to us over the phone or in person;
by filing in any field or form on a website; by posting on our social media channel;
by posting on any forum referencing us; by filling in any printed form we provide
you with; by e-mail; from documents you provide use with; and from updates to any
information to provide from time to time. This includes when you: register or subscribe
for any service, account, members, or loyalty program, or make an enquiry or booking
for a holiday or other travel services whether in person, by phone, through our
website or otherwise; send us your comments or suggestions; subscribe to any newsletter
or other publication; and request sales and advertising information, including brochures.
If you do not provide us with your personal information we will be unable to provide
you with information or book travel services for or on your behalf.
Information obtained from third parties
We may obtain personal information concerning you from third parties, including
from: people making enquiries or bookings on your behalf, providers of any holidays,
accommodation, other travel services which are enquired about or booked, and their
intermediaries; credit, fraud, identity and other searches we may undertake, including
searches with public records and regulatory and private organisations; from any
business or organisation you are associated with; from telephone numbers identified
by the telephone system when you telephone us.
Information generated by us
We and any suppliers or sub-contractors working for us may generate personal information
relating to you, including in connection with responding to and dealing with any
enquiry, booking or complaint; or in performing any booking or other contract with
you; or through the analysis of your personal information or information gained
from your use of our website. We may record telephone calls with you.
What Do We Use Your Personal Information For?
This section sets out the uses which we make of your personal information:
Operate our website
To operate and provide the search, booking, accounts, review, forums and other services,
facilities and functions of our websites. This includes customising your online
experience by providing you with more relevant online offers and updates, managing
any accounts or registrations you have with our websites and making changes to your
settings and profile at your request.
Provide information and respond to enquiries
To provide information to you about our website, systems and services, including
to respond to booking enquiries and searches for holidays and travel, and to keep
you updated generally.
Bookings and other contracts
To enable you to make bookings, and to fulfill, provide, perform, administer, manage,
and enforce all bookings, orders, and other contracts which relate to you (including
if you are a passenger in a booking made by someone else), and to process any transactions
authorised or made with us which relate to you.
To collect and make payments due and administer our accounts.
Communication with customers
To communicate with you concerning any enquiries, bookings, travel services provided,
problems and complaints, and to respond to any submissions, enquiries or requests
To keep internal records and maintain reasonable archives, including concerning
as to enquiries, bookings, contracts, travel services, and complaints.
Manage and improve our business
To analyse, audit, provide, operate, administer, maintain and improve our business,
website, systems, and services; to carry out surveys and analyse the results; to
run promotions and competitions; undertake product or customer research/development;
to assist us in and help us to improve our sales, editorial, advertising and marketing
processes; to carry out other business development and improvement activities; and
to provide training to our staff, sub-contractors and suppliers. For example, we
may use your personal information to help us profile how our customers generally
are using our websites and booking travel services with (or through) us. We may
also use this information to ascertain interests so that we can better tailor our
To carry out direct marketing to you. See next section below for further information.
User Generated Content (UGC)
Use of Reviews: By submitting content to our website by electronic
mail, postings on our website or otherwise, including any reviews, questions, comments,
suggestions, ideas, photos or the like contained in any submissions (collectively,
“Submissions”), you grant Creative Holidays and its affiliates a nonexclusive,
royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right
to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative
works from and publicly display and perform such Submissions throughout the world
in any media, now known or hereafter devised; and (b) use the name that you submit
in connection with such Submission.
Use of User Generated Content (UGC): By submitting content to our
social media channels or websites you grant us a non-exclusive license to use the
content you add to our websites. For example, we may use this information in any
of our brochures or for our campaigning purposes or marketing materials.
To report aggregate information concerning usage of our websites to our advertisers.
We normally create anonymous statistical information about browsing actions and
patterns, and do not identify any individual.
11.11 Legal obligations
To meet our legal obligations.
Anything you have specifically consented to
Any purpose for which we have obtained your consent.
Use Of Your Personal Information For Direct
We do not use or disclose your personal information for direct marketing purposes
unless we have obtained your consent to this, such as through an opt-in or opt-out
tick box on any form or website of ours.
Direct marketing by us
Where you have consented to this, we may use your personal information to carry
out direct marketing and send you marketing messages, materials, adverts and promotions
relating to travel services we provide or which can be booked with third parties
Where you have consented to this, we may also use your personal information to carry
out direct marketing and send you marketing messages, materials, adverts and promotions
relating to travel services which are offered by or which can be booked through
any other company in the same group of companies as us (i.e. within the Travel Corporation
group) or third parties selected by us.
You will be free to withdraw your consent to this at any time, by contacting us
Direct marketing by third parties
Where you have consented to this, we may disclose your personal information which
is contact information (such as name, e-mail, postal address, telephone, mobile
or fax number) to any other company in the same group of companies as us (e.g. within
the Travel Corporation group), or to third parties selected by us. They will use
this to carry out direct marketing in their own right and will use it to send you
marketing materials, adverts and promotions relating to products and services they
offer or which can be booked through them. You will be free to withdraw your consent
to our disclosure of your personal information for this purpose at any time, by
contacting us as detailed above. If you withdraw your consent, this will not affect
any disclosures we have already made (i.e. we will not be able to remove your personal
information from anyone we have disclosed it to), but we will tell you who they
are on request, and you should contact them directly concerning this.
Disclosure Of Your Personal Information
We transfer your personal information to third parties in the following circumstances:-
Bookings and performance of contracts
We disclose your personal information to third parties (including intermediaries)
as necessary to deal with any booking enquiry being made by or for you, to make
any booking requested by or for you, to perform and administer any booking for you
or other contract with or in respect of you. This may include; to apply for visas
on your behalf, to collect payments to be made by you, to investigate and respond
to complaints, and to enforce any booking or other contract with you. Such third
parties may include any suppliers or sub-contractors and their agents (e.g. airlines,
coach, ferry or train companies, hoteliers, hire companies, cruise companies, tour
Suppliers of travel and other services
We may disclose your personal information to any third party (e.g. supplier, contractor
sub-contractor) we make any enquiries with concerning or engage or sub-contract
to perform any booking or other contract, including to provide any travel, tour
or other products or services we have agreed to provide to you. We may disclose
your personal information to any supplier with whom we make any enquiry concerning
or book any travel or other products and services for you as agent (whether as agent
for you, someone representing you, or the supplier), such as a tour operator. Details
of any third party tour operators or other third parties who will be responsible
for or supply you with the travel services booked or enquired about, may be obtained
from us on request, and may be stated in any tour or other brochure provided by
If any application is made through us for any travel or other insurance to cover
you, we will pass your personal information on to the insurer. Information provided
by you may be put on to a register of claims and shared with other insurers to prevent
Business function outsourcing
Where we use third parties to host, provide, operate or supply any part of our websites,
databases, systems, business, or services, or carry out on our behalf any of our
business functions or actions (including sending mail, processing payments, providing
marketing assistance, providing customer and advertising analysis, and providing
customer services), then then we may provide your personal information to them as
required for use for or processing as part of those purposes.
Public forums etc.
Where any facility on our website is clearly designed to make some of your personal
information public (e.g. posts you make to any public forum or reviews facility)
then any personal information you provide in relation to that forum or other facility,
which is provided in circumstance where it is clear that it is intended to be published,
will be disclosed to the public accordingly, subject to moderation by us.
We may supply personal information to a government authority or regulator where
required to comply with a legal requirement, for the administration of justice,
for the purposes of customs, visas and immigration, or where reasonably required
to protect your vital interests or enforce any booking or other contract. We may
disclose your personal information where otherwise required by or permitted by law.
Direct marketing by third parties
We may disclose your personal information to third parties to carry out direct marketing
to you, where you have given your prior consent, to third parties to carry out direct
marketing. See the direct marketing section above.
If our customer is a business or organisation, and we are holding your personal
information in your capacity as an associate of that business or organisation (including
as agent, representative, contact, employee, officer, owner, partner, or director),
then we may disclose to them that personal information. If our customer is making
a booking or booking enquiry on your behalf, with your authority, then we may disclose
to our customer your personal information as reasonably required in connection with
such booking or enquiry, or the subsequent performance of or payment for any booking
If our business is ever transferred to a third party, then your personal information
will be transferred to the acquirer to enable them to continue our business.
How Third Parties Will Handle Your Personal Information
Where we provide your personal information to a third party one of the following
two circumstances will apply:-
Processing on our behalf
In some cases, your personal information may be held and otherwise processed by
them on our behalf, in which case we will remain responsible for what they do with
your personal information, and your personal information will only be held and processed
Processing on their own account
In other cases, your personal information may need to be provided to them to be
held and processed by them in their own right and on their own account. In such
case, they will have their own responsibility for that personal information, subject
it following disclosure.
Location Of Your Personal
Transfer of personal information overseas
We (and any affiliate, subcontractor or other person processing your personal information
on our behalf) may transfer, store and otherwise process your personal information
anywhere in the world to fulfill the purposes set out in this policy, for example
to: (1) our overseas offices; (2) information processors (including operators of
global travel distribution systems); (3) airlines, hotels and other travel service
products; and information technology and business service providers.
In many cases the transfer is necessary to initiate or complete a booking or other
transaction on your behalf in response to a request by you or for the purpose of
entering a contract with a third party on your behalf.
Where we disclose your personal information to third parties, that disclosure may
also involve a transfer of your personal information anywhere in the world, and
those third parties may themselves transfer, store or otherwise process that information
anywhere in the world.
In each case, we will comply with any legal requirements concerning the transfer
of your personal information by us to any third party outside the country where
we are established, and where your personal information is still controlled by us
or is being stored or otherwise processed on our behalf, our security measures (as
detailed below) will also apply.
Counties to which your personal information is transferred
The countries which we transfer your personal information depends on your booking.
Generally such countries include those in Asia Pacific, Africa, North and South
America and Europe.
Keeping Your Information Secure
Our security measures
Our general commitment
We are committed to doing what we reasonably can to keep your personal information
secure, and we are obliged by law to put in place appropriate technical and organisational
measures against unauthorised or unlawful processing of your personal information
and against accidental loss or destruction of, or damage to, your personal information.
We have accordingly implemented security policies, rules and technical measures
with a view to achieving this.
Transmissions between your web browser and our servers
We use Secured Socket Layer (“SSL”) software in order to encrypt the personal information
that you provide to us whilst it is in transit over the internet. This will work
if your browser is SSL enabled (which most are). You can verify that this is working
by looking for the symbol of a closed lock or solid key on the bottom bar of your
browser window, and checking that the prefix for the web address in the browser
address bar has changed from “http” to “https”.
Storage of your personal information
The personal information we collect from you online is stored by us and/or our service
providers on databases protected through a combination of physical and electronic
access controls, firewall technology and other reasonable security measures.
Your security measures
For your own privacy protection, we encourage you to maintain anti-virus and other
malware protection software on your computers and other devices, and to maintain
your own measures to protect your personal information. Please do not include sensitive
personal information in any e-mails you may send to us, including payment card information.
We also encourage you to be careful about who you give personal information to.
We never contact you to ask you for sensitive personal information, such as payment
card information, or sensitive personal information such as passport numbers or
log-in details, and we will only ask you for such information in person or through
our website, or by telephone in connection with a booking you are making or have
made. Please let us know if you someone purports to contact you in our name.
How Long Do We Keep Your Personal Information
We keep your personal information for so long a is reasonably necessary for the
purposes for which we use it, and if longer, for any duration required by law, and
for statutory claims limitation periods where your personal information may be relevant
to any possible liability we may have to you.
You have certain non-contractual rights under the laws noted above, which we summarize
below. If you contact us about these rights, we may ask for proof of your identity
before we act, and may refuse to act if you do not provide this or your identity
is not established by you.
Access to your personal information
We will, on written request, provide you with access to information we hold about
you, including for the purpose of correcting or updating such information, unless
there is an exception which applies under the Privacy Act, 1988. Your request
for access will be dealt with in a reasonable time and we may recover from your
our reasonable expenses incurred.
If we refuse to provide you with access to information we hold about you, we will
provide reasons for such refusal and inform you of any exceptions relied upon under
the Privacy Act, 1988.
Use for direct marketing
You have the right to ask us to stop using your personal information to carry out
direct marketing to you. To opt-out of receiving direct marketing from us please
follow the instructions detailed at the bottom of all our email marketing communications
or contact us by phone on 1300 747 400 or email us at
email@example.com. In any e-mail you send we would ask you
to insert "unsubscribe" as the subject heading.
Correction of inaccuracies
We take reasonable steps to ensure that the personal information we hold about you
is, whenever we collect or use it, is accurate, complete and up-to-date.
If the information we hold is inaccurate, incomplete or out-of-date please update
your details on our website (if possible) or contact us and we will take reasonable
steps to either correct it, or if necessary, discuss alternative action with you.
Complaints to applicable authority
The laws we comply with are regulated by the Australian Information Commissioner.
In addition to your rights above, it is open to you, if you have a complaint or
concern, to seek assistance from such government regulator. However, before you
do so, we would hope that you will contact us first to discuss any complaint or
concerns you have.
For more information on privacy, you can contact the Australian Information Commissioner’s
hotline on 1300 363 992 or if outside of Australia + 61 2 9284 9749, or visit the
Office of the Australian Information Commissioner website at
to you, including by publishing a new version on our website. You should check this
aware of any changes. You should check the top of the document to see the latest
version in force. Any change will be prospective only, and we will not make any
changes that have retroactive effect unless legally required to do so.
Applicable Law And Disputes
This policy is subject to the law of Australia. You may obtain further information
regarding privacy issues in Australia by visiting the Australian Information Commissioner’s
website at http://www.oaic.gov.au/.
Our website contains links to other websites. We are not responsible for the privacy
practice or content on those websites. You should read the privacy statements and
policies of any linked sites as their privacy policies may differ from ours.