Personal Data Protection Policy

Last update: 14/12/2022

Owner and Controller.

The controller is La Compagnie du Ponant whose registered office is at 408 Avenue du Prado 13008 Marseille, France (hereinafter referred to as the “Controller”).

Controller

The Controller could be contacted at the following addresses: by email at vieprivee[at]ponant.com or by letter addressed to "La Compagnie du Ponant 408 Avenue du Prado 13008 Marseille, France".

The Compagnie du Ponant values the protection of your personal data. It ensures the best level of protection of your personal data in compliance with the applicable European and French regulations.

The Compagnie du Ponant acts as Controller according to article 13 of the European General Data Protection Regulation 2016/679 (hereinafter referred to as the"GDPR").

To exercise your rights regarding personal data in compliance with the provisions of the articles 15 to 22 of the GDPR (for instance the right of access to personal data we have about you or the right to erasure of your personal data), please send an email to vieprivee[at]ponant.com. More information on your rights on this legal subject are detailed in the chapter entitled “How to express my choice on the use of my data”.

Definitions

"personal data" means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

"processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

"restriction of processing" means the marking of stored personal data with the aim of limiting their processing in the future.

"profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

"pseudonymization" means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

"filing system" means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

"controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

"processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

"recipient" means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

"third party" means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

"consent" of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

"personal data breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed.

"genetic data" means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question.

"biometric data" means personal data resulting from specific technical processing relating to the physical, physiological or behavioral characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data.

"data concerning health" means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.

"main establishment" means:

a) as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;
b) as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation.

"representative" means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation.

"enterprise" means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity.

"group of undertakings" means a controlling undertaking and its controlled undertakings.

"binding corporate rules" means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity.

"supervisory authority" means an independent public authority which is established by a Member State pursuant to Article 51.

"supervisory authority concerned" means a supervisory authority which is concerned by the processing of personal data because:

a) the controller or processor is established on the territory of the Member State of that supervisory authority;
b) data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or
c) a complaint has been lodged with that supervisory authority.

"cross-border processing" means either:

a) processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or
b) processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.

"relevant and reasoned objection" means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union.

"information society service" means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (1).

"international organization" means an organization and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.

Why does the Compagnie du Ponant collect my personal data?

The Compagnie du Ponant mainly uses your personal data for the following purposes:

Your data is mainly used for the purpose of booking and ticket purchase and in the purpose of provision of services on board our vessels. Your data is also used for the purpose of improving service offerings: customised offers, customer loyalty and commercial information campaigns, satisfaction surveys, contests, new services and products to improve your customer experience, optimised processing of applications and/or claims, as well as to fight against fraud and to ensure the safety and security of cruises.< /br> Apart from the cases where your consent has been expressly obtained (including in order to provide you customised offers), the processing of your personal data for various purposes as indicated above is, including but not limited to, to ensure the performance of the cruise contract, to observe any legal obligations (including to ensure security on board our vessels) and for the purpose of the legitimate interests pursued by the Compagnie du Ponant.

a) Purpose regarding the contractual services. Your personal data is processed in compliance with the obligations arising from the cruise purchase contract, in order to enable the Compagnie du Ponant to completely perform the contractual service, and including, but not limited to:

- i. For booking the cruise;
- ii. For the conclusion, administration and performance of the contractual relations between you and the Compagnie du Ponant;
- iii. To customise the communications sent to you;
- iv. For the communication of opinions concerning the services you purchased (for instance: changing the contract terms or the starting dates);
- v. For the performance of additional activities on board aimed at making the cruise comfortable and ensuring high quality standards on board our vessels (for instance: spa, photo and video report). In addition, concerning photo and video reports, realised by photographers present on board our vessels and who work to ensure your trip will be a memorable experience, we inform you that if you would like for photos of you not to be taken for reports, you can contact our crew members who will take note of your wishes each time. The erasure of the photos in which you appear cannot be processed without your prior application.

Legal, sanitary and security purposes. Your personal data might also be processed to:

i. Enforce legal and regulatory obligations, and national, community and international standards arising from the provisions established by authorities duly authorised for these purposes by law;
ii. Warrant, exercise and/or defend one of the Compagnie du Ponant’s rights;
iii. Judicial authorities;
iv. Provide you with the necessary medical assistance during the cruise;
v. Warrant the protection of goods and persons;
vi. Obey the requirements of CLIA organisms, (ISPS ISM code), SNEAS (domestic security code).

c) Commercial and statistical purposes. Your personal data might also be processed for purposes related or relevant to the Compagnie du Ponant's activity and for the anonymous development of statistics and market research.

d) Marketing purposes include:

a. Promotional activities by the Compagnie du Ponant, as well as abroad, and/or of business partners, carried out in either automated (for instance email, sms, phone call, etc.) or non-automatic (for instance letter, call with operator, etc.) fashion. The Compagnie du Ponant will be able to use your email with your prior consent, provided throughout the cruise purchase and additional tourism services in order to provide you some information or promotional communications related to similar services and products proposed by the Compagnie du Ponant and/or by business partners. In compliance with the regulations, you can withdraw your consent at any time when your personal data is used for commercial prospecting by sending a letter or email to our Data Protection Officer (see “How do I express my choices about the use of my data?”).
Business partners belong to the following market categories:
- a. Touristic activities;
- b. Airlines companies/transport services;
- c. Travel Agency;
- d. Insurance;
To find out our partner list, please contact our Controller via email at vieprivee[at]ponant.comor by letter addressed to “La Compagnie du Ponant 408 Avenue du Prado 13008 Marseille, France”.
b. Profiling activities, meaning the analysis of your travel preferences and market studies in order to improve the service offering and commercial information presented by the Compagnie du Ponant, making them more compliant with your interests. This activity might also be carried out via the submission of a satisfaction questionnaire and/or the use of profiling cookies used during the navigation on the Compagnie du Ponant’s websites. Your data might be matched with data navigation and other information on the occasion of our relations with the partners, and might be made anonymous before each use, as your age group or your sex, in order to establish your user profile and join it to your centres of interest from which advertising will be created on behalf of the Compagnie du Ponant. For more information about cookie processing, please consult the chapter “What are the Cookies used for advertising targeting?”.
Customer knowledge and the statistics and performance of our website: We might use data in order to better understand our customers or for statistical purposes to analyse our website activity and improve services we offer. We perform listening measures, during which we measure for instance the number of viewed pages, the number of visits on the website, as well as the activity of the visitors on the website and their return frequency.

e) Additional service delivery purposes, which include
The booking in the customer area which allows you to access your personal data and enjoy the services provided on the website: your booking and your subscription to the newsletter.

f) Payment for your order
When you pay on our website, your payments are secured. The Compagnie du Ponant doesn’t collect your payment data but only an ID for the payment and the 4 last figures of your card in order to allow you to recognise the card which was used for the payment. Your entire bank details are collected only by our payment service provider certified PCI-DSS which ensures the security of payments.

Payment for the purchase via the Call Centre
When you pay for an order, the card which you use for the payment is retained the necessary time for the transaction, then for a period of 15 months within the payment system in order to verify proof of the transaction by our provider.

Payment onboard
When you arrive onboard, a payment instrument such as a Credit Card will be sent to you. The checking then the debit processing at the end of the cruise are entirely secured by our payment service provider onboard certified PCI-DSS which allows to ensure the security of the payments. The data payment are remained in our system onboard only for the period of the cruise and are entirely secured.

g) Our site security
We collect data navigation in order to allow us to ensure the security of our services and to detect, avoid or retrace every attempt at malicious acts or hacking or every breach of our services usage terms.

What personal data is collected about me and when?

Information about your applications on our cruise (via Website, Call Center or email)
We will know your name, your personal details and the content of your application. Without this information, we shall not provide you the information requested. We might only use this information to answer to your application. This processing is carried out to take precontractual measures at the behest of the concerned person.

Wholeness and performance of the cruise booking

To travel on board our vessels, you will need to provide your name, your personal details, birth date and nationality at the booking stage. We also record information on your cruise preferences, such as your type of cabin and cruise experience. We process this data on the basis of our contract with you.
You will also need to provide information on valid travel documents as well as visas where needed. We process this information in order to be compliant with the regulatory requirements in the ports of call, thus on the basis of a regulatory obligation.
During the booking, in some cases, you might have to communicate data regarding your health information (food preferences, medical conditions which requires specific attention onboard – such as disability or heart disease).
The disclosure of such optional data will allow the Compagnie du Ponant to improve services offered in order to make them constantly adapted to passengers’ personal interests.
We only process this on the basis of your optional and previously obtained consent. It is not an obligation to provide such data, but we inform you that if you don’t provide it, we won’t be able to meet your needs onboard and to ensure the necessary medical assistance is available.
However, for certain destinations, the delivery of a medical questionnaire is required and is subject to a specific processing, dedicated and secured. You shall receive this medical questionnaire by email from this dedicated system and then you will need to send it to us through a secure manner in return.

To ensure security onboard
We might follow-up with the passengers onboard at any time in order to be able to manage crisis situations, which ensures the security of everybody during the cruise. Thus, we record your name, cabin number, photo (taken when you board), birth date, each person that accompanies you, the embarking and the disembarking ports, and information on special needs which might require specific assistance in the case of emergency. We might process this data in order to ensure the public security and manage the potential situations of crises.
If the cruise needed a medical questionnaire (see "Wholeness and implementation of the cruise booking"), these questionnaires are communicated through a secure manner to the vessel doctor a few days before your boarding in order to have all needed information. This data is destroyed when the cruise ends.

Processing activity of additional data onboard
Some additional information about you might be collected during the cruise in paper form in order to allow you to participate in specific activities (for instance gym or sauna) or to process an application for a specific package (for instance, the “Romantic Sunset” package). The processed data changes according to the specific activity onboard, however, we thereby ensure to collect only strictly necessary data for the purpose of the processing concerned.
We might also process some of your personal data to assign you a table in one of our main restaurants in order to ensure thereby you enjoy your dish without having to find a table for yourself and people who accompany you. To assign a table, our Head Waiter takes into account elements such as your group size, the place where you reserved your cruise, and the chosen language. You might request another table at any moment by contacting the Head Waiter or the Customer Service onboard. This processing of data is managed on the basis of our legitimate interests to ensure that all our passengers have suitable places during their dining onboard.

Newsletters and customised communication according to your preferences
When you wrote a message using the page "Brochure" and indicated that you wish to receive customised information on our products and services by ticking the consent checkbox, we will contact you by email and mail to send you our last products and offers in terms of cruises, which might, according to us, be of interest to you.
You also have the opportunity to provide us your optional and informed consent in order to receive customised information when you subscribe to our newsletter or when you ask for a brochure or a call from us.

Information on similar products and services to those already researched
When you communicate to us your email through a cruise booking with us, we send you some information on the products and services which are similar or linked to those that you have already booked, unless you exercise your right of unsubscribing to the commercial communication received at the time of your booking.

Applications and requests, complaint and satisfaction inquiry
We keep track of comments and ask that you express these onboard in order to efficiently address your concerns. We process this data on the basis of the booking contract. In addition, we might use the content of such requests, applications and comments to improve our services onboard.
We limit, as much as possible, the use of the data which might identify you personally. We process your personal data on the basis of your legitimate interests to develop services which ensure our passengers a suitable experience onboard.

Consultation of our website
On the website, we might collect and process data including your last name, first name, address, email address, phone number, IP address, connection and navigation data, order history, products consulted. In some cases, we might collect location data, for instance, to tell you where the closest Ponant Agency is from your home. The obligatory or optional characterisation of the data is indicated to you during the collection by an asterisk. This data is automatically collected as a result of your actions on the website. Other information might be communicated by partners.

What are the communications I am supposed to receive?

Information and newsletters

Service-related emails
After a booking or in the framework of the follow up contract you will receive an email in order to allow you to proceed with your booking or the performance of your contract (booking confirmations ...). These service messages are needed for sound performance of the booking and services you requested. The receipt of this information doesn’t depend on the choices you expressed about the receipt of the newsletters and commercial offers.
Newsletters
After the creation of your account and if you haven’t opted out, you may receive Compagnie du Ponant’s information and offers by electronic communication. These newsletters allow you to stay informed about the Compagnie du Ponant’s latest news and offers on the cruises. We might measure the opening rates of our electronic mailings in order to better adapt them to your needs.
Postal letter
If you haven’t opted out, you may receive offers and information by letter in the post, from companies of the group and business partners as listed above.
Phone contact
If you haven’t opted out (excluding calls by automatic calling machine which will be subject to your approval), you may be contacted by our operators or partners in order to tell you about offers and services linked to those you have already bought.

On what legal basis and for what period is my personal data processed?

The processing of your personal data is justified for various reasons (legal basis) regarding how we might use your personal data. You will find below the legal basis and the period of data storage that we apply for our main processing.

Legal basis of the processing
Among the applicable legal bases:

The contract: the processing of personal data is necessary for the performance of the contract to which you have consented.
The consent: you agree to the processing of your personal data via express consent (by ticking the consent checkbox, click etc). You can withdraw this consent at any time.
Legitimate interest: the Compagnie du Ponant has a commercial interest in processing your data which is justified, balanced and doesn’t breach your privacy. Excluding exceptions, at any time, you can oppose to processing based on legitimate interest by reporting it to the Compagnie du Ponant.
Legal obligation: the processing of our personal data is made compulsory by law.
The vital interest of the person concerned for medical assistance during the cruise.

Period of data storage
The personal data shall be kept for a period not exceeding the time required for the completion of the purposes for which that same data was collected then processed. The personal data shall be kept for the duration of the contract you have subscribed to and also for a longer period of time:

i. In compliance with the provisions established by the applicable legislation;
ii. In compliance with the provisions established by the regulatory, even derivative, which imposes the data storage (for instance tax declarations);
iii. Within the necessary period to protect the data owner’s rights in the case of any dispute related to the performance of the contract.

We have defined a Data Storage Policy which specifies the determined period for the processing of personal data, at the end of this period, personal data is either destroyed or anonymised using appropriate methods that don’t allow the re-identification of the person concerned.
To find out more about our Data Storage Policy, please contact our Controller via email at vieprivee[at]ponant.com or by letter addressed to “La Compagnie du Ponant 408 Avenue du Prado 13008 Marseille, France”.

Who are the recipients of my data?

Your data won’t be disseminated. Your data might be exclusively communicated in the framework of the purposes as indicated above, to the following recipient categories:

The staff of the Compagnie du Ponant, as executor and/or controller;
The agencies belonging to the Compagnie du Ponant, even when located abroad;
Suppliers and/or providers of the Compagnie du Ponant who operate onboard vessels or ashore, providing the necessary services for the successful completion of the cruise (for instance router of travel book, port officer, leisure, etc.);
People, companies, organisations or professional offices providing services or assistance and counselling activities for the benefit of the Compagnie du Ponant;
Organisations whose ability to access to your data is recognised by legal and regulatory provisions derived or by legal provisions authorised to do so, including the port authorities of the boarding place.

To find out the list of the companies or organisations to which the data is communicated, please contact our Controller via email at vieprivee[at]ponant.com or by letter addressed to “La Compagnie du Ponant 408 Avenue du Prado 13008 Marseille, France”.

Sharing of data with third parties
For advertising targeting
We inform you that we might communicate some of your non-identifying data to partners, such as customer profiles (sociodemographic data), cookies or technical identifiers, without being able to identify you in a personal way:

for advertising targeting purposes on our website or third-party website (see also the topic on cookies and advertising targeting);
to improve our customer knowledge;
to allow us to connect your various devices (computers, mobile phone, …) and provide you with a harmonised experience on the various devices you use. To learn more about the connection availability for different devices or to oppose them, please contact our Controller via email at vieprivee[at]ponant.com or by letter addressed to “La Compagnie du Ponant 408 Avenue du Prado 13008 Marseille, France”.

Transfers of personal data to third countries
Your personal data might be transferred to third companies in countries not belonging to the European Union, always for the purposes as indicated above.
In the event of data transfer in a country outside the European Union, these countries shall guarantee a suitable level of protection on the basis of a specific decision of the European Commission or the recipient shall have a contractual obligation to protect the data with a suitable level comparable to the protection provided by the GDPR.

How do I express my choices on the use of my data?

In compliance with the regulations under article 15 to 22 of the GDPR, you can exercise your rights (access, rectification, erasure, object, data portability, refuse automated individual decision-making, including profiling).

At any time, including profiling, you have the right to:

a. Access your personal data;
b. Request changes to your personal data;
c. Revoke consent at any time for the use and the dissemination of your personal data;
d. Request deletion of your personal data;
e. Receive in a structured format, for common use and readable from an automatic device, personal data concerning you, but also to transmit your personal data to another processing owner of the treatment;
f. Oppose the processing of personal data concerning you, even for marketing and profiling purposes;
g. Limit the processing of your personal data;
h. Claim against a supervisory authority;
i. Receive communication in the case of a breach of your personal data;
j. Request information in the framework of:
- i. The processing purposes;
- ii. The personal data categories;
- iii. The recipients or categories of recipients to whom personal data has been or might be communicated, and in particular if the data is transmitted to recipients of third-party countries or international organisations and the existence of suitable guarantees;
- iv. The period of personal data storage;
- v. If the data is not collected from the person concerned, all available information about their sources.

You can oppose to the mailing of the communications related to marketing and profiling activities by clicking on "subscription" at the bottom of the received email or requesting it expressly at the addresses indicated below.
You can exercise these rights and/or find out more information about the processing of personal data by sending a message: by email at vieprivee[at]ponant.com or to "La Compagnie du Ponant 408 Avenue du Prado 13008 Marseille, France" for the attention of the Controller.
You have the right to lodge a complaint with the National Commission for Information Technology and Freedoms (CNIL), the supervisory authority responsible for complying with personal data obligations.

What about usage of data in connection with social networks?

The use of social networks and Compagnie du Ponant’s services related to these social networks are likely to generate collection and exchanges of certain data between the social networks and the Compagnie du Ponant. Please consult the social networks’ Personal Data Protection Policies in order to get an accurate understanding of the information that is collected by the social networks and what can be transmitted to the Compagnie du Ponant in relation to its websites as well as the personal data usage purposes, especially for advertising purposes. You can edit the access permissions and confidentiality of your data directly on social networks. The Compagnie du Ponant collects on its behalf some information and personal data related to your activity on the social networks’ pages created by the Compagnie du Ponant which use the social networks’ services. This data is used for advertising purposes to improve our commercial relations and this advertising is sent to you in order to offer you a customised experience. The information collected by the Compagnie du Ponant on its behalf throughout websites or services related to social networks are governed by this policy. However, the Compagnie du Ponant shall not be liable for the use of your data performed by social networks on their behalf.

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