Welcome to the privacy policy of Soneva (as defined below). We respect your privacy and we are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

1              Important information and who we are 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 this website, including any data you may provide through this website when you sign up to our newsletter, register to use our services, to raise an inquiry or to make a booking or reservation with us. This website is not intended for children and we do not knowingly collect data relating to children. 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. Controller 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 ( “Soneva”).  This privacy policy is issued on behalf of Soneva so when we mention “Soneva”, “we”, “us” or “our” in this privacy policy, we are referring to the relevant company in Soneva responsible for processing your data. For the purpose of the EU General Data Protection Regulation, Soneva Mauritius Limited is the company who controls the data of all Soneva resorts and Soneva and will be the data controller for your data that we collect through our website. 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, please contact our Digital Manager using the details set out below. Contact details Our full details are: Full name of legal entity: Soneva Mauritius Limited For the attention of: Digital Manager Email address: mail@soneva.com Postal address: IFS Court, 28, Cybercity, Ebene, Mauritius. 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. Changes to the privacy policy and your duty to inform us of changes Should we decide to change our privacy policy, we will notify you of such changes on our website. This keeps you up to date about what information we gather, how we use this information, whether and how that information is disclosed to third parties. 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. 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 policy of every website you visit.

2              The data we collect about you 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). 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, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery 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 your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website 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 policy. 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. 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 this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3              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 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;
  • making a booking or reservation or raising an enquiry about our products or services through our website;
  • create an account on our website;
  • 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 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 section 4 below for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below

Technical Data from the following parties:

  • analytics providers such as Google based outside the EU;
  • advertising networks such as Google Network Display based outside the EU; and
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

4              Cookies 4.1          Our website uses “cookies”. Cookies help us understand our visitors’ needs and interests, and we use that information to improve our website and the services offered on the individual pages. They are not linked to any personally identifiable information. If a user rejects the cookie, our site may still be used, however the user’s access to some areas of our website may be limited. 4.2          A “cookie” 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, to track the point of registration for those users signing up for mailings or programs, and to track and measure the success of a marketing campaign. 4.3          Soneva specifically uses Google Analytics and re-targeting 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 other personal information. Additionally, these cookies are used to gather anonymous statistical information on how the website is browsed. These cookies will expire after 10 years. You can block cookies by activating the setting on your browser that allows you to refuse the setting of 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 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.

5              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 third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time as set out in section 10.7. Purposes for which we will use your personal data 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. Please contact our Digital Manager using the details set out in section 2 if you have any queries about this table and the lawful basis for processing your personal data.

Purpose/ActivityType of dataLawful basis for processing including basis of legitimate interestTo register you as a new customer(a) Identity (b) ContactPerformance of a contract with youTo process and deliver your booking or reservation including: (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 (to recover debts due to us)To manage our relationship with you which will 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 (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 (to study how customers use our products/services, to develop them and grow our business)To administer and protect our business and this website (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 (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 obligationTo 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) TechnicalNecessary for our legitimate interests (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 website, products/services, marketing, customer relationships and experiences(a) Technical (b) UsageNecessary for our legitimate interests (to define types of customers for our products and services, to keep our website 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) ProfileNecessary for our legitimate interests (to develop our products/services and grow our business)

Marketing 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 (we call this marketing). You will receive marketing communications from us if you have requested information from us or made a reservation of 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 that marketing. Third-party marketing We will get your express opt-in consent before we share your personal data with any company outside Soneva for marketing purposes. Opting out You can ask us or third parties to stop sending you marketing messages at any time simply by clicking the “unsubscribe” link in the footer of any of our emails. Alternatively, consent can be withdrawn by emailing unsubscribe@soneva.com 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 reservation made with us. 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 2 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 the above rules, where this is required or permitted by law.

6              Disclosures of your personal data We may have to share your personal data with the parties set out below for the purposes set out in the table in section 4 above.

  • Other companies in the Soneva portfolio acting as joint controllers or processors and who may be based in any country in which Soneva have 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.

External Third Parties

  • 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 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 policy.

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              (If you are based in the EU) International transfers We share your personal data within Soneva. This will involve transferring your data outside the European Economic Area (EEA). We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will 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 centre in Bangkok, Thailand. 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:

  • 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.
  • We ensure we have robust contracts in place with our providers ensuring they only process data in accordance with our instructions and that they are bound by the terms of our privacy policy and as a minimum meet the standards required by the EU General Data Protection Regulations.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them 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 contact details set out in section 2 if you want 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 Manager using the contact details set out in section 2. In some circumstances you can ask us to delete your data: see Your Legal Rights below for further information. 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.

10           Your legal rights If you are an EU citizen, under certain circumstances, you have the following rights under data protection laws in relation to your personal data: 10.1       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. 10.2       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. 10.3       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. 10.4       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 compelling legitimate grounds to process your information which override your rights and freedoms. 10.5       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. 10.6       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. 10.7       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 products or services to you. We will advise you if this is the case at the time you withdraw your consent. 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 2. No fee usually required 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. 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 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.