Internal Privacy Policy

Are you a person in the European Union?

All references to “Company,” “we,” “us,” and “our” shall mean DELAWARE NORTH COMPANIES, INCORPORATED. Company’s privacy policy (“Privacy Policy”) tells you about the information Company, its subsidiaries, and affiliates collect.  In addition, it explains how we use that information and how you can opt out of certain uses of information we may collect.  If the practices described in this Privacy Policy are not acceptable to you, you should not provide Company with information about yourself.  We may periodically update this Privacy Policy.  The “Effective Date” at the bottom of the page tells you when this Privacy Policy was last revised.  We will notify you of material changes by posting notice on our website (www.delawarenorth.com) or through other means.  Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on our Website.  Therefore, we encourage you to check the date of our Privacy Policy whenever you visit our Website for any updates or changes.

Collection of Your Personal Information

“Personal Information” refers to information that relates to an identified, or identifiable, person. This includes, for example, your first and last name, home address or email address. In addition to Personal Information, we also collect “non-personal information,” which is information that does not identify you. Examples of non-personal information include age range and gender, or aggregate information. The Personal Information that we collect depends on what services you use or information that you request. Our collection and processing of your information is based on different contexts: our performance of a contract, our obligations under law, our legitimate interest in conducting our business, protection of a natural person’s vital interests and/or upon your consent. The following are examples of some Personal Information that we may collect as well as when and how we collect it.

Collection of Your Personal Information

“Personal Information” refers to information that relates to an identified, or identifiable, person. This includes, for example, your first and last name, home address or email address. In addition to Personal Information, we also collect “non-personal information,” which is information that does not identify you. Examples of non-personal information include age range and gender, or aggregate information. The Personal Information that we collect depends on what services you use or information that you request. Our collection and processing of your information is based on different contexts: our performance of a contract, our obligations under law, our legitimate interest in conducting our business, protection of a natural person’s vital interests and/or upon your consent. The following are examples of some Personal Information that we may collect as well as when and how we collect it.

Registration and Transactional Data

When you register on or use our Website, we may collect various kinds of Personal Information, including your first and last name, email address, home address, home phone number, personal interests and preferred vacation/leisure destinations. The information is used to process your requests or to send you information about the Company, our products, services or offerings. The information may also be used to create a convenient and easy-to-use online reservation service or shopping process that includes an online “shopping cart” that allows you to track selected products and proceed through purchase. We also collect and store access information related to your account, including user name and user password. When you make purchases from our Website, we may collect information such as product orders, shipping address(es), and credit card information in order to process your purchase.

Surveys

From time to time, we may post surveys on our Website or otherwise send you surveys. The surveys may request demographic information (such as age range, gender, areas of interest and familiarity with Company or our products and services) and customer feedback. Participation in these requests is completely voluntary. With each request, you will have the choice of whether or not to disclose information. Such survey information will be used to improve our products and services and the overall experience on our Website.

Customer Service Correspondence

We may collect information that identifies you individually, such as your first and last name, home address, email address, phone number, and fax number when you submit comments, questions or suggestions to our customer service department. We use that information to verify your identity and to respond to your correspondence.

Internal Analysis

We may use information about you for statistical, design or operational purposes such as to estimate our audience size, to measure aggregate traffic patterns and/or to understand demographics, customer interest, purchasing and other trends among our users and customers, including you.

Marketing and Promotions

We may also use your Personal Information for the marketing and/or promotion of Company, our subsidiaries and/or affiliated companies, including their products and services.

Sharing Your Personal Information

We do not sell or share information that identifies you individually or makes it possible for other parties to contact you directly without your consent, except as disclosed in this privacy policy and in the following circumstances:

Service Providers

We may share your information with service providers and others who help us operate our business or provide services on our behalf.

Affiliates

We may share your information with companies that are under common ownership or control with Company, our subsidiaries and/or affiliated companies.

Business Transition

We may share or sell your information as an asset of Company in conjunction with the sale to a third party of our Company, our subsidiaries and/or affiliated companies, or a portion of our or their assets.

Legal Purposes

We may share your information:

  1. to conform with the law, respond to claims or comply with legal process served on Company (e.g., a lawful subpoena, warrant or court order, or discovery request);
  2. to enforce or apply our policies or agreements (including to bill and collect for amounts owed to us);
  3. to protect and defend our or our users’ rights or property, our Websites, our employees, users, or the public, including fraudulent, abusive or unlawful use of our Website; or
  4. if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

Your Choices

You can make the following choices regarding your Personal Information:

  1. Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive or by contacting us with such request pursuant to the “How to Contact Us” section below. If you decide not to receive promotional emails, we may still send you service-related communications.
  2. Promotional Mailings. If at any time you do not want to receive offers and/or circulars from us, you can remove yourself from our mailing list by contacting us with such request pursuant to the “How to Contact Us” section below and including “NO SNAIL MAIL” in the subject line along with your name, address and zip code. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.
  3. Promotional Text Messages. If you receive a text message from us that contains promotional information, you can opt out of receiving future text messages by replying “STOP” or otherwise contacting us with such request pursuant to the “How to Contact Us” section below.
  4. Changes to Your Personal Information. We rely on you to update and correct your Personal Information. Most of our Websites allow you to modify or delete your account profile. Note that we may keep historical information in our backup files as permitted by law. If our Website does not permit you to update or correct certain information, contact us with such request pursuant to the “How to Contact Us” section below.
  5. Deletion of Your Personal Information. Typically, we retain your Personal Information for the period necessary to fulfill the purposes outlined in this privacy policy, unless a longer retention period is required or permitted by law. In addition, we may keep your Personal Information as needed to comply with our legal obligations, resolve disputes, and/or enforce our agreements. You may, however, request that we delete your Personal Information by contacting us with such request pursuant to the “How to Contact Us” section below and we will delete such Personal Information to the extent required by law.
  6. Revocation of Consent. You may revoke consent, or object, to specific processing of your Personal Information by contacting us with such request pursuant to the “How to Contact Us” section below. If you revoke your consent for the processing of Personal Information, then we may no longer be able to provide you services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity.
  7. Access to Your Personal Information. If required by law, upon request, we will grant you with reasonable access to the Personal Information that we have about you. You may request access to your Personal Information by contacting us with such request pursuant to the “How to Contact Us” section below.
  8. Online Tracking. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
  9. California Residents. California residents may be entitled to ask us for a notice describing what categories of Personal Information (if any) we share with third parties or affiliates for direct marketing purposes. If you are a California resident and would like a copy of such notice, please submit a written request to us pursuant to the “How to Contact Us” section below.

Protecting Your Information

To help maintain data accuracy, prevent unauthorized access to or disclosure of, and ensure the appropriate use of your Personal Information, we have put in place physical, electronic and managerial procedures. In the event that we are required by law to inform you of any unauthorized access to your Personal Information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Retention of Information

We retain Personal Information for the period necessary to fulfill the purposes outlined in this policy, or until an individual requests that we delete information about them, unless a longer retention period is required or is permitted by law. If you would like additional information concerning how long we keep a specific type of information, you can contact us pursuant to the “How to Contact Us” section below.

Miscellaneous

Aggregate Information

We collect aggregate information about you and your use of our Website whenever you visit us online. For instance, we may collect various forms of “click stream” information such as entry and exit points for our Website (i.e., referring URLs or domains), site traffic statistics, page views, impressions, and operating system and browser type. In addition, when you request pages on our Website, our servers automatically log your IP addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the internet.

We also use third-party software that tracks traffic directed to the Website from affiliate websites and the purchases that result from this traffic. This information is aggregated and is not tied to an individual purchase.

This aggregate information generally will not identify you or be correlated to you individually for external purposes. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all aggregate information, provided that such information does not reveal your identity. When we share such information with other companies, it is not traceable to any particular user, and will not be used to contact you. If we do correlate any aggregate information to you, such information will be treated like any other Personal Information under this policy.

Links to Other Sites

Please be aware that we provide links to third-party websites as a service to our users, and that we are not responsible for the content or information collection practices of those pages. Please note that these websites’ privacy policies may differ from our privacy policy. We encourage you to review and understand their privacy practices before providing them with information.

Transmission of Information to Other Countries.

As a multi-national company, we transmit information between and among Company, our subsidiaries and/or our affiliate companies. As a result, your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. Nonetheless, where possible we take steps to treat Personal Information using the same privacy principles that apply pursuant to the law of the country in which we first received your information. By submitting your Personal Information to us, you agree to the transfer, storage and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States of America. If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us pursuant to the “How to Contact Us” section below.

Third Party Tracking

We participate in behavior-based advertising. This means that a third party may use technology (e.g., cookies) to collect information about your use of our Website so that it can provide advertising about products and services tailored to your interests. That advertising may appear either on our Website, or on other websites. You can opt out of receiving advertising based on your browsing behavior from some network advertising companies by going to the Network Advertising Initiative and the Digital Advertising Alliance websites, although to completely prevent advertising based upon your browsing behavior you should also disable the cookies on your browser.

How to Contact Us

If you have any questions about our privacy policy or our use of your information, or if you need help accessing, changing, or deleting your information, or otherwise electing to make any of the choices in “Your Choices” above, you can email or contact us as set forth below.

Important Note: If you are a person in the European Union, please use the specific contact information in the box area below.

Email us at: privacy@delawarenorth.com

Or send a letter to:

DELAWARE NORTH COMPANIES, INCORPORATED
250 Delaware Avenue
Buffalo, New York 14202
Attention: Data Privacy

If you are a person in the European Union, you may also send a letter to:

DELAWARE NORTH COMPANIES (UK) LIMITED
2nd Floor, Capital Court
30 Windsor Street
Uxbridge
Middlesex
UB8 1AB
Attention: Paul Galvin

If you are not satisfied with our response, and you are in the European Union, you may have a right to lodge a complaint with your local supervisory authority.

Effective Date: December 18, 2019


Delaware North UK Privacy Notice – Job Applicants

This Privacy Notice sets out details about the personal data that we, Delaware North Companies (UK) Services Ltd (“Delaware North”), may collect and process about you.

This Privacy Notice is non-contractual, regularly reviewed and may be amended by us from time to time.

Types of data we may process

Recruitment Stage

We may process the following information at the recruitment stage:

  • Personal contact details including name, address and email.
  • Information collected during the recruitment process such as your CV/application (including details of previous work experience, education and references) and answers to any interview/recruitment questions relevant to the role you applied for, which may take the form of online video recordings depending on the recruitment process utilised.
  • Psychometric testing results, where such tests are used as part of any application process (see “Automated Decision Making” below).
  • Diversity and inclusion information. This is not mandatory and is not made available to anyone outside of the Talent Acquisition team (including hiring managers and HR) saved in an anonymised format so as not to identify you.
  • Recruitment Agencies – we may collect your personal details, details of your application and details of your experience and qualifications from the recruitment agency you applied via.
  • Basic Disclosure checks. This will reveal details of any unspent criminal convictions and is processed by the Disclosure and Barring Service. These checks are required to safeguard staff and members of the public at our protected venues and for some venues is a security requirement to work on site. Further details can be found in our Safeguarding Policy.
  • For some roles, where required by law, an Enhanced Disclosure may be required. Further details can be found in our Safeguarding Policy.
  • Global Watch List checks. These are recommended by the National Counter Terrorism Security Office (NaCTSO) and is a collection of caution lists from all major sanctioning bodies, law enforcement agencies and financial regulators worldwide. It is used to reveal whether individuals are on a sanctions list or are a politically exposed person. It is a crucial tool in ensuring all staff on site are not affiliated with any terrorist organisation and/or pose a risk to the public and other members of staff. Further details can be found in our Safeguarding Policy.

With the exception of the Diversity and Inclusion information and Basic Disclosure and Global Watch List checks, you are obliged to provide this personal data to us as it is necessary for us to explore potentially entering into a contract with you. The equal opportunities form is not mandatory and there are no consequences if you fail to provide it. However, if you do not submit your Basic Disclosure information or information for the Global Watch List checks, you may be unable to work at some of our venues, in line with the security protocols at the venues.

If you fail to provide any of the data you are obliged to provide, we may be unable to process your application and, if appropriate, offer you employment or variable work.

Conditional Offer/Shortlisted

We may process the following information after you have been shortlisted and/or as part of a conditional job offer:

  • Proof of your identity (such as passport) and any relevant right to work checks;
  • Proof of your qualifications – unless you are specifically notified that we will accept a copy of your qualifications which we can verify, you will be asked to attend our office with original documents and we will take copies;
  • We will contact your referees (with express consent), using the details you provide in your application, directly to obtain references.

The above is usually part of a conditional offer of employment or variable work and therefore you are obliged to provide this as it is necessary to enable us to enter into a contract with you. Right to work checks are a statutory requirement which you are obliged to provide. A failure to provide this may result in us being unable to offer you employment or variable work.

The purposes of processing

  • For recruitment purposes i.e., to ensure you are suitable for the role being advertised and so we can contact you about this role;
  • To comply with legal obligations including right to work checks;
  • To seek professional advice advice/defend claims arising from the recruitment process;
  • In line with the security requirements at some of our venues, to safeguard our staff and members of the public.
  • In relation to the Diversity and Inclusion information, to monitor equality in recruitment practices.

Please note that if we intend to further process your personal data for a purpose other than that for which it was collected, we shall provide you with information on this other purpose and all other information as set out in this notice.

Sharing your data

Your data will be shared internally with the recruitment team which consists of the Talent Acquisition team, HR, the hiring manager and any other relevant individual connected to the hiring of the position.

If your role falls into a Joint Venture between Delaware North and a third party, the information may be shared between us and the HR team and managers of the Joint Venture to enable the Joint Venture to make a decision about the role you have applied for.

Transferring information outside the UK

We may utilise the assistance of specialist technology platforms for the purpose of conducting our recruitment process. This may necessitate the transfer of personal information to locations outside of the UK, in particular to be processed on servers located within the European Economic Area (EEA), as well as occasional transfers to other locations outside the EEA.

Additionally, we may transfer the personal information we collect about you to other Delaware North Companies, including Delaware North for America, which is based in New York State and in other locations outside the EEA, in order to perform our contract with you and for the purposes of Delaware North for America’s regular and periodic audits on its subsidiary companies (including Delaware North Companies (UK) Services Limited and any of its subsidiaries). These audits are necessary for the business and for the Delaware North for America to analyse our financial and business performance, as well as the adequacy of the systems and controls of Delaware North Companies (UK) Services UK Limited and the Delaware North group of companies as a whole.

In compliance with UK GDPR, we will take steps to ensure your personal data continues to receive an essentially equivalent standard of protection if transferred to other jurisdictions. This may take the form of reliance on:

  • Any UK GDPR adequacy regulation in force in relation to the jurisdiction, which means that the laws and procedures of the country in question are deemed to provide an appropriate standard of data protection.
  • Any other safeguards or derogations permissible under UK GDPR.

We will also assess data protection risk and adhere to the principles and procedures required by UK GDPR, for example by ensuring:

  • Only personal data that is necessary for the stated purposes will be transferred.
  • Such data will be limited to those individuals for whom the purpose is carried out and will be on a need-to-know basis.
  • Such information will be kept confidential by the individuals in receipt of the personal data.
  • Any personal data to be disclosed shall (if appropriate) be redacted, and in any event retained for no longer than is necessary for our (and our Group and Parent companies’) compliance and due diligence obligations or for the processing required in relation to the recruitment process.
  • Appropriate security measures will be taken when transferring the data.
  • Appropriate contractual agreements will be entered into with all data importers where applicable.

How long we keep your data

In terms of retention periods, we will not keep your data for longer than is necessary. When deciding how long to hold your data we have regard to legal requirements (including any contractually agreed periods) and statutory limitation periods (under which it is prudent for us to retain records for longer periods). Retention periods are documented in the HR Records Management and Retention Schedule.

Legal basis for processing

We process your personal data on the basis of consent (for example where we contact your referees, for equal opportunities and security check purposes) and/or because it is necessary for our legitimate interests, namely, to ensure that you are qualified and suitable for the role you are applying for, to ensure we have a record of the recruitment process for the defence of legal claims and to comply with our security obligations.

We process details of your right to work checks in line with our legal requirement to do so.

Consent

Where we rely on consent to process your personal data, you have a right to withdraw your consent at any time. This will not affect the lawfulness of processing based on consent before its withdrawal.

You can withdraw your consent to our processing at any time by contacting the HR department on helpmeout@delawarenorth.com. Please specify the type of processing that you are withdrawing your consent to in your email.

Your rights

You have a number of rights in relation to the personal information that we process about you.

You:

  • Have the right to be informed about your data (as set out in this Privacy Notice);
  • Can request access to your personal data;
  • Can request that your personal data be rectified if it is inaccurate or incomplete;
  • Can request that the processing of your personal data be restricted or erased in certain circumstances, for example, where the data is no longer necessary to meet its purpose;
  • Can object to processing in certain circumstances, for example where this is based on legitimate interests or involves direct marketing;
  • Can request to receive personal data that you have provided in a structured, commonly used, and machine-readable format and to have this transmitted without hindrance where the data is processed on the basis of consent or performance of a contract.
  • Can lodge a complaint with the Information Commissioner’s Officer.

Automated Decision Making (“ADM”)

ADM occurs when decisions are made about you by a computer or some other information analysing machine. Examples of this include the machine scanning of CVs, computer processed aptitude or personality tests and website profiling. There are circumstances when we use ADM during the recruitment process. If you feel you may have been subjected to ADM and wish to request human intervention or challenge the decision, please contact helpmeout@delawarenorth.com.

Where any psychometric testing is used as part of any application or for any ongoing development with us, any such profiles generated are reviewed by HR and/or your manager, as relevant, and the outcomes and any decisions resulting from such tests will not solely be based on ADM.

Support and Advice

If you are uncertain about the content and intention of this privacy notice, have any enquiries regarding how your data is protected or wish to exercise any of your rights, please do contact the HR department at helpmeout@delawarenorth.com.

LAST POLICY REVIEW DATE: May 2021