These rules are drawn up in accordance with the Personal Data Protection Act and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119/1 of 4 May 2016).
These rules provide information on the purposes of processing, the manner and period of storage of personal data, the possibilities for updating and deleting this data, as well as the conditions and requirements for its provision to third parties.
If you have any questions about the rules for processing and protection of personal data, you can contact us at the following e-mail address: [email protected]
These rules may be amended and updated in connection with possible changes in Bulgarian and European legislation.
TOP GUIDES Ltd., UIC 205461793, with Tour operation activity license PK-01-7974 / 14.03.2019, with “Tour Operator Liability” insurance concluded according to Art. 97 of the Tourism Act, Insurance policy № 00088103/13062010010193 / 10.04.2020, concluded with Lev Ins Insurance Company, hereinafter referred to as TOP GUIDES.
“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 performed on personal data or on sets of personal data, whether or not this performance is done 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;
“Third party” means a natural or legal person, public authority, agency or entity 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 expressed, specific, informed and unambiguous indication of the data subject’s will by which he or she, by a statement or by a clear confirmatory action, expresses consent to the processing of personal data relating to him or her.
When you send us a request through our contact forms or to our e-mails, TOP GUIDES collects personally identifiable information, which may include, but is not limited to, your name, address, telephone number, e-mail. Your personal data is required by TOP GUIDES in order to complete your request for a booked trip. TOP GUIDES can also use your personal information to provide you with offers for services and products offered by TOP GUIDES. TOP GUIDES processes your medical condition information, provided voluntarily by you, in order to ensure the trip, other service and / or product you have requested through TOP GUIDES. Medical condition data is never used for statistics, market research or other marketing purposes.
When users leave comments on the website, TOP GUIDES collects the data displayed in the comments form, as well as the visitor’s IP address and the browser’s user-agent string, to help detect spam. An anonymized string created from your e-mail address (also called a hash) can be provided to the Gravatar service to make sure if you are using it. The Gravatar service’s confidentiality statement is available here: https://automattic.com/privacy/. Once your comment has been approved, your profile photo will be visible to the public in the context of your comment.
Principles in personal data protection
Personal data shall be processed lawfully, fairly and in a transparent manner with regard to the data subject.
Personal data shall be collected for specified, explicit and legitimate purposes and not processed further in a manner that is incompatible with those purposes.
This personal data shall be adequate, related to and limited to what is necessary in relation to the purposes for which the data is processed.
Personal data shall be accurate and, where necessary, kept up to date.
Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which said data is processed.
Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
Purpose and legal grounds for personal data protection
TOP GUIDES shall process personal data in compliance with its legal obligation to do so, or in connection with performance of a contract to which the data subject is a party, or to take the steps necessary to complete a request of the data subject before concluding a contract, or in connection with an express consent of the data subject for the processing of their personal data for one or more specified purposes.
TOP GUIDES shall process personal data for the following specified purposes:
Performance of a service requested by a client / traveller.
The traveller expresses his/her wish to use travel services offered by TOP GUIDES. The provision of the Service can be done only if the traveller provides to TOP GUIDES the necessary personal data, otherwise a contract cannot be concluded, and the traveller cannot be a service user and won’t be able to receive pre-contractual service information. Personal data shall be used only to perform the requested service, namely to conclude a Package Travel Contract or to use other travel services.
In compliance with its legal obligations, TOP GUIDES shall process your data for the following purposes:
To provide information about the client and the services used by him / her on request / inquiry / inspection by a competent authority;
If applicable – to issue invoices for specific services;
We shall collect and process your personal data on the legal basis of:
– pre-contractual arrangements and conclusion of a contract with you;
– our legal obligations under Bulgarian law – for example the Tourism Act, the Accountancy Act and the applicable secondary legislation, as well as on the legal basis of European legislation in the field of tourism and provision of services;
– consent (when an inquiry is made; to register an account).
Usage of the information gathered
TOP GUIDES shall automatically gatherer IP addresses and information about the use of the website by you. This information helps TOP GUIDES to rate the website usage by customers, including the number and frequency of visits to each web page, as well as the duration of visits.
TOP GUIDES shall use the gathered information for the following purposes:
– for the purposes for which you specifically provided the information;
– to send you e-mail notifications about new or already existing products and services, special offers or to contact you in another way;
– to improve the existing functions or to develop new ones, new products and services;
– to customize the content and the advertising that you and the other website visitors see based on personal characteristics or preferences;
– to send information about the website that may be useful to you;
– to improve the quality of services, to build more useful links, to analyze user trends and to survey specific user interests related to the website;
– to provide customers with fast and efficient service;
– to support the website’s operations, to resolve problems and disputes and to apply the General terms and conditions of the website.
Additionally, TOP GUIDES can gather and process personal data on the medical condition of travellers, namely: chronic diseases or specific medical conditions, incl. epilepsy, asthma, diabetes, cardiac disorders, whether or not treated with medication, if the travellers suffer from any infectious diseases and/or have been in contact with such, allergies to food and / or medication, any physical and/or mental limitations, etc. that may affect the travel, which TOP GUIDES shall collect from data subjects personally. The above-mentioned information shall be processed only for the purposes of ensuring the health and life of the travellers during the performance of the travel service; shall be provided to a medical staff in case of need and shall be destroyed within 7 days after the completion of the performance of the travel services, unless a longer period is provided by law.
TOP GUIDES shall provide personal data to third parties only to the extent necessary for the performance of contracts and booking of travel services.
Transfer of personal data to third parties shall be done in connection with the specific nature of the services offered by TOP GUIDES, in the process and in the interest of the factual provision of the requested service.
Personal data shall be transmitted to recipients in other Member States of the European Union, or to agencies, offices and entities of the European Union under the same conditions which apply to similar transmissions within the Republic of Bulgaria.
Personal data shall be transferred to a third country or international organization only if the European Commission has adopted a decision to the effect that the third country, territory or one or more specified sectors in the third country concerned, or the international organization concerned, ensure an adequate level of protection or in the absence of such decision, appropriate safeguards have been provided or exist pursuant to Article 46 et seq. of Regulation (EU) 2016/679 and provided that there are applicable rights of data subjects and effective remedies.
Processing and storage periods
Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which said data is processed. For each purpose, the storage period is:
The performance of a service requested by a client / traveller.
For this purpose, personal data shall be processed and stored for period as follows:
for conclusion of a Package Travel Contract and other travel services – 5 years from the date of completion of the service;
for accounting purposes – 10 years from the date of the end of the financial year.
At any time within these periods, the data subject shall have the right to obtain from the controller, without undue delay, the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary declaration.
Marketing. Direct marketing
TOP GUIDES shall send by e-mail personalized messages with offers for services, only in case a free consent of the data subject to receive such messages is given. The e-mail address itself does not constitute as personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament.
The data subject shall have the right to withdraw his / her consent for processing and storage of his / her e-mail address at any time, and for this purpose it is sufficient to submit an application electronically, via TOP GUIDES’ e-mail.
When the personal data collected is no longer needed for the purposes mentioned, we shall erase or otherwise destroy it.
Data subject rights
Right of access of the subject to his / her personal data
Each data subject shall have the right to оbtain information on whether TOP GUIDES processes personal data related to the same subject, and if so, to acquire access to the data itself, as well as information on:
– the relevant categories of personal data concerned;
– the purposes of the processing;
– the recipients or categories of recipients to whom the personal data are or will be disclosed, in particular the recipients in third countries or international organizations;
– where possible, the period for which the personal data will be stored, or, where that is not possible, the criteria used to determine that period;
– the existence of the right to request the rectification or erasure of personal data;
– the right to submit a complaint to a supervisory authority.
In case the data subject shall consider that his / her personal data processed by TOP GUIDES is inaccurate, he / she shall have the right to obtain from TOP GUIDES, without undue delay, the rectification of inaccurate personal data. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed.
Right of withdrawal of consent
When personal data is processed on the basis of given consent, the data subject may at any time withdraw the given consent. After the withdrawal of the consent, TOP GUIDES shall discontinue any activity of processing the personal data of the data subject.
Right to object to the processing
The data subject shall have the right to object to the processing of his / her personal data in cases where it is processed on the basis of public interest or on the basis of legitimate interests of TOP GUIDES, when he / she considers that in this case this processing is incompatible with the protection of the interests, the rights and the freedoms of the data subject. In such cases, if TOP GUIDES cannot prove that there are compelling legitimate grounds for the processing that override the interests, the rights and the freedoms of the data subject, or that the processing is necessary to establish, lodge or defend legal claims, the processing of this personal data shall be ceased. When processing personal data for the purposes of direct marketing, the data subject may object to this data processing, in which case TOP GUIDES shall immediately discontinue the processing.
Right of erasure of personal data
Common rule. The data subject shall have the right to request from TOP GUIDES the erasure of his / her personal data without undue delay, and TOP GUIDES shall be obliged to erase this personal data without undue delay, on one of the following applicable grounds:
– the personal data is no longer needed for the purposes for which it has been collected or otherwise processed;
– the consent to data processing has been withdrawn;
– the data subject has objected to the processing and TOP GUIDES has no legitimate grounds for the processing which override the interests, the rights and the freedoms of the data subject;
– the personal data has been unlawfully processed;
– the personal data has to be erased for compliance with a legal obligation.
Exceptions to the rule. The data subject’s right to request the erasure of his / her personal data shall not apply, respectively TOP GUIDES shall have no obligation to erase the data in case the processing of personal data is necessary:
– for compliance with a legal obligation that requires processing, or for the performance of a task carried out in the public interest or in the course of the exercise of official powers conferred to TOP GUIDES;
– for public interest reasons in the field of public health in accordance with Article 9 (2) (h) and (i) and Article 9 (3) of the General Data Protection Regulation;
– for the purposes of archiving the personal data in the public interest, for scientific or historical research purposes or for statistical purposes, in accordance with Article 89 (1) of the General Data Protection Regulation, when the erasure of the personal data would make the attaining of the processing purposes impossible or seriously hindered;
– for the establishment, lodge or defense of legal claims.
Right of restriction of the processing of personal data
In the following cases, the data subject shall have the right to request from TOP GUIDES to cease any other processing of his / her personal data, except for its storage:
– when the accuracy of the personal data is contested by the data subject – for a period that allows TOP GUIDES to verify the accuracy of personal data;
– when the processing is unlawful but the data subject does not wish his / her personal data to be erased but instead seeks to restrict its use;
– when TOP GUIDES no longer needs personal data for processing purposes, but the data subject requires them for the establishment, lodge or defense of legal claims;
– when the data subject has objected to the processing pending an inspection of whether the legitimate grounds for personal data processing by TOP GUIDES override the interests of the data subject.
In the above-listed cases TOP GUIDES may process the relevant personal data, other than its storage, only with the express consent of the data subject or for the establishment, lodge or defense of legal claims or in order to safeguard the rights of another natural person or for important for the Republic of Bulgaria or for the European Union public interest grounds.
Right of data transportation
The data subject shall have the right to receive the personal data that concerns him / her and which he / she has provided and shall have the right to transfer this data to another controller, without obstruction by TOP GUIDES, when:
– TOP GUIDES is processing the data based on consent or when the data processing is necessary for the performance of an obligation under a contract between the data subject and TOP GUIDES;
– the processing is automated.
For the purposes of exercising his / her right for data transportation, the data subject shall have the right to receive a direct transfer of his / her personal data from TOP GUIDES to another controller, only if this is technically feasible.
Right to lodge a complaint with a supervisory authority
In case the data subject shall consider that TOP GUIDES processes his / her personal data in violation of the provisions of the applicable law, including, but not limited to, the General Data Protection Regulation and the Personal Data Protection Act, the data subject shall have the right to lodge a complaint with the supervisory authority in the Member State of the European Union of his or her habitual residence, place of work or place of the alleged infringement. In the Republic of Bulgaria the competent supervisory authority is the Commission for Personal Data Protection.
The personal data collected for you by TOP GUIDES shall be stored on servers with limited access. TOP GUIDES shall implement and maintain appropriate technical and organizational measures to ensure the security of these servers and of your personal information.
TOP GUIDES shall take the necessary technical and organizational security measures to protect the administered personal data against unauthorized or unlawful processing, accidental loss, destruction or damage, as may be required, given the technical development, common practice and legal requirements, including but not limited to:
Use of secure websites, encryption, data masking;
Reviewing practices for the collection, storage and processing of personal data, including physical security measures, in order to prevent unauthorized access to the systems used;
Access to personal data within the organization shall have only persons whose job functions require access to the data in order to implement the activities for which the personal data has been collected and processed;
Inclusion of confidentiality clauses in all employment contracts and agreements with third parties entrusted with the processing of personal data;
Assigning the processing of personal data only to those organizations that adhere to the highest standards of information security and personal data security, expressed both in the availability of appropriate certifications and in the ability to perform systematic compliance audits.
Information about the Personal data controller
1. Business name: “TOP GUIDES” Ltd.;
2. UIC: 205461793;
3. Registered office and address: Sofia, Sredets district, 16 Yantra Str., 3rd floor, apt. 8;
4. Place of business: Sofia, Sredets district, 16 Yantra Str., 3rd floor, apt. 8;
5. Correspondence address: Sofia, Sredets district, 16 Yantra Str., 3rd floor, apt. 8;
6. E-mail: [email protected];
7. Website: www.bulguides.com;
8. Phone: +359 884 29 74 16;
9. Tour operation activity license PK-01-7974 / 14.03.2019;
10. Insurance policy № 00088103/13062010010193 / 10.04.2020, issued by Lev Ins Insurance Company.
Information about the competent supervisory authority
1. Name: Commission for Personal Data Protection;
2. Registered office and address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.;
3. Correspondence address: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd.;
4. Phone: 02 915 3 519;
5. E-mail: [email protected];
6. Website: www.cpdp.bg.