This Policy (hereinafter the “Privacy and Cookies Policy”) regulates the privacy and cookies policy of the Web Platform http://www.hotel-elpuerto.com/ (hereinafter “the Platform”), owned by S.E.T. Pierre Vacances España, S.L. (hereinafter “the Hotel”), with registered office at Plaza Cataluña, 9 1-1, and e-mail address firstname.lastname@example.org. The company PV-CP Distribution, as S.E.T. Pierre Vacances España, S.L. with Tax Identification Number: B-84078419 is registered in the Mercantile Registry n° 314 283 326.
1. HOW DO WE USE DATA?
(i) To permit browsing on the Platform, thus allowing access to the information and contents provided on it, including information on promotional or advertising campaigns aimed at contract products and services, either of the Hotel or third parties with which the Hotel is associated. Such access is understood to be notwithstanding the consideration required for the specific contents, services and products offered through the Platform and which you may contract if you wish. In this regard, for further information we recommend reading our cookies policy.
(ii) To contact the sender of the information, respond to any requests or queries deriving from the use of the different forms on the Platform and carry out the subsequent follow-up.
(iii) To provide, as the case may be, the service contracted by you and manage the billing and collection of payment for the pertinent services or products.
(iv) To manage and control the customer portfolio.
(v) To manage, as the case may be, the possible process to register you as a user of the Platform.
(vi) To manage your possible participation in any games, promotions, discounts, draws and courses that may be available on the Platform.
(vii) If you have given your express consent, to create a user profile in order to offer you personalized content.
(viii) To take as many protection measures as may be applicable under ruling legislation, including the possible anonymization of your personal data, applying adequate available techniques for that purpose. Consequently, anonymization and pseudonymization processing may also be carried out for better protection of your personal data.
(ix) To apply the pertinent technical and or/organizational security measures to users’ personal data as may be appropriate in light of the risks detected in relation to their rights by the Hotel from time to time, including the encryption of personal data and other measures that may involve certain processing of the data of Platform users.
In the event that you do not agree with these purposes of processing, we urge you to leave our Platform immediately. Otherwise, for example, by accepting this policy or simply by continuing to browse on the Platform, after being made aware of the information contained in this policy, it will be understood that you consent unequivocally to the processing purposes indicated.
2. WHAT IS THE LEGAL BASIS FOR THE PROCESSING OF YOUR DATA?
The legal basis of the processing is mainly your consent, and therefore once you have been informed of this policy, if you accept it, or simply continuing browsing on the Platform, it will be understood that you give your unequivocal consent to the processing of your personal data for the purposes indicated. Accordingly, if you do not agree with this Policy or with the indicated purposes of the processing, please do not continue browsing and leave the Platform immediately. This is independently of the concurrence of a legitimate interest by the Hotel in accordance with article 6.1 f) of the GDPR.
You will be able at all times to choose the processing and destination of your data, holding a right to withdraw your consent at any time, although such a withdrawal will not affect in any way the lawfulness of the prior processing carried out by the Hotel.
In any case, the Hotel may block the use of the Platform and of the services, contents and functionalities associated to it in the event that you do not accept this policy, or do not consent to the processing of your personal information in accordance with the provisions set out herein.
Acceptance of this policy is independent of the possible acceptance of any particular legal terms and conditions governing the specific contracting of services through our Platform.
In the event of a specific request or contracting of certain contents, products or services, the principal basis for processing will be related to the necessary application of pre-contractual measures, where appropriate, or related to the performance of a contract, if you finally contract the corresponding content, product or service.
In addition to the above, the Hotel will also be authorized to process your data when necessary in order to satisfy its legitimate interests.
3. WHAT ARE THE CONSEQUENCES OF NOT PROVIDING YOUR DATA?
Failure to provide the required personal data may make it impossible to process your application or the specific request in question and, therefore, the Hotel may reject and/or exclude your specific request or application.
The information and personal data you provide must be:
• Sufficient, although aligned, limited and proportionate to the legitimate purposes of processing indicated by the Hotel, with the utmost respect for the principles of restriction of the purpose and minimization of personal data.
• Accurate, updated and true, so as to be able to verify adequately the identity, capacity and, as the case may be, representation and to be able to adjust the data processing carried out in each case to your specific needs and your actual situation, with due regard for the principle of accuracy of the personal data.
You are also informed that this Platform is aimed at users over 18 years of age and use of this Platform by minors is prohibited.
4. HOW DO WE SHARE YOUR DATA?
Your personal data may be communicated to other companies that belong to the same business group as S.E.T. Pierre Vacances España, S.L. for the purpose of providing you with a better service in the framework of hotel chain associated to the Hotel El Puerto, and for internal and administrative purposes. In this regard, you are informed that the companies that might be recipients of your personal data are :
• GNA Serveis Telemàtics, SL
We also inform you that, in general, no international transfers of your personal data are planned, and the necessary measures according to the GPDR would be adopted if any such transfers were to take place.
5. FOR HOW LONG DO WE STORE YOUR DATA?
If you are a customer of the Hotel, by virtue of article 30 of the Spanish Code of Commerce your personal data may be stored for a term of six years after the end of the relationship between the parties.
Notwithstanding the above, for cases in which you give your consent to the processing of your data for specific purposes, such data will be stored until you revoke your consent. Once your consent has been revoked, your data will not be processed for those purposes although the Hotel may store them as blocked data to handle any possible complaints and/or claims that may arise.
6. WHAT RIGHTS DO YOU HAVE ON YOUR DATA?
You may exercise your rights of access, rectification, erasure, restriction of processing, data portability and objection by writing to the e-mail address https://pierreetvacances.epticahosting.com/pierreetvacances/dispatch/0/2Xfda15794-ae4b-4b39-a859-60018a16e1b7/0/?lang=en_GB&Screen=CNIL_TERMS_EN Indicating the Ref. “Exercise of Rights” and accompanying a copy of your national identity document or equivalent identification document (passport, resident card…). If you consider that your personal rights have been duly respected, you may file a claim with the competent supervisory authority, in this case the Spanish Data Protection Agency (Agencia Española de Protección de Datos).
This policy is in force as of October 3th 2018. The Hotel reserves the right to modify this policy, to adapt it to new future legislation, doctrine or case law that may be applicable, or for technical, operational, commercial, corporate and business reasons, providing reasonable prior notice of the changes occurring whenever possible. In any case, it is recommended that you read this policy in detail every time you access this Platform, as any modification will be published on it. Furthermore the Hotel may inform you personally in advance of any planned changes in this policy, before they come into effect, provided that this is technically and reasonably possible, in particular, in the case of registered users or Hotel customers.
8. DO YOU NEED TO CONTACT US?
The protection of your rights is very important to us so if you have any questions or suggestions you would like to send us in relation to this policy, please do not hesitate to contact us at the e-mail address:
9. APPLICABLE JURISDICTION AND VENUE
In general, any controversy or conflict will be submitted preferably by the parties to examination by them in order to reach an amicable solution by mutual agreement using for these purposes, as far as the Hotel is concerned, the legal contact channel described in section 13 of this policy. If this is not possible, according to the criteria established in the GDPR for determining the jurisdiction of the principal authority in order to examine any conflict, controversy or claim in relation to this privacy and cookies policy, at least in administrative channels, notice is hereby given that such an authority will be the Spanish Data Protection Agency (AEPD), and that the provisions of article 56 of the GDPR must be observed. With regard to the right of effective judicial protection against the Hotel in such cases, the provisions of article 79.2 of the GDPR shall apply, and the corresponding action must be filed with the Courts of the City of Barcelona to the extent that the controller is a company domiciled in Spain. In any case, the applicable legislation will be Spanish legislation.
As established in Recital 30 of the GDPR, natural persons may be associated to online identifiers provided by their devices, apps, tools and protocols such as internet protocol addresses, session identifiers in the form of cookies or other identifiers, such as radio-frequency identification tags. This can leave traces which, in particular, when combined with unique identifiers and other data received by servers, can be used to draw up profiles of the natural persons and identify them. For this reason, the Hotel has a cookies policy in line with applicable legislation.
1. Applicable legislation:
Article 22 of Act 34/2002, of 11 July, on information society and e-commerce services (LSSICE), concerning the rights of recipients in commercial relations sent electronically, service providers may only use data storage and recovery devices in the recipients’ terminals when the recipients have given their previously informed consent.
For that purpose, such recipients and end users must be provided with clear and complete information on the use and, in particular, on the purposes of the processing of the data, pursuant to the provisions of personal data protection legislation. Accordingly, when technically possible and efficient, the recipient’s consent to accept processing of the data may be provided by using adequate parameters of the browser or of other applications.
The above will not prevent possible storage or access of a technical nature for the sole purpose of effecting the transmission of a communication on an electronic communications network, or, to the extent that is strictly necessary, for the provision of an information society service expressly requested by the recipient.
2. User’s consent and cookies: general rule and exception.
The sole exception from the need to obtain such consent applies to cookies that permit only communication between the user’s computer and the network and, strictly, cookies used to provide a service requested by the user. For example, so-called “technical cookies” (e.g. those necessary in order to browse the platform or app); “personalization or setting cookies” (e.g. those that allow the site to recognize the user’s language, etc.); and “security cookies” (e.g., those that detect repeated incorrect attempts to log in to a site) are excluded.
3. Are cookies used on the Platforms? What are they?
Cookies, i.e. files or devices that are downloaded on the user’s equipment (PC, smartphone, tablet, mobile devices, etc.) independently of their nature, are used for the principal purpose of guaranteeing correct operation of the Platform (remembering the selected language, and similar functions). Thus, in general, and notwithstanding the provisions set out below, cookies permit browsing on the Platform, as well as certain functions and services provided on it, and you are therefore informed that disabling or blocking these cookies may affect browsing or the correct or extensive use of the Platform by the user.
4. What cookies do we use on the Platform?
The cookies may be own or third-party cookies. Own cookies are those that are sent to or serve the user’s device from the Platform (editor) and are managed by it, while third-party cookies are those sent to or serving the user’s device from other domains or equipment not managed by the Platform (editor), but by another entity that processes the data obtained through the cookies.
Furthermore, the above cookies may be session or persistent cookies. The former are a type of cookies designed to collect and store data while the user access the Platform for the main purpose of storing information that is only of interest to store in order to provide the service requested by the user on a single occasion. However, with the latter the data continues to be stored on the user’s device and may be accessed and processed during a period defined by the controller of the cookie.
Cookies may also be technical, allowing the user to browse on the Platform and use the different options or services provided through it, such as controlling data traffic and communication, identifying the session, access restricted access sections, remembering the elements that make up a contract request, using security elements during browsing, storing content for the dissemination of videos or sound or sharing content through social media.
They may also be personalization cookies, which are those that allow the user to access the service with certain predefined characteristics according to certain criteria associated to the user’s device, such as the type of browser used to access to the service, the regional setting from which the service is accessed, etc.
Likewise, they have a statistical or informative purpose for the editor in relation to the particular use that users make of its Platform and of the contents or services provided through it.
A summary of the specific cookies that the Hotel currently uses on the Platform is set out below:
Cookies – Ownership – Temporary or permanent – Purpose
COOKIE : PHPSESSID
FUNCTION : Session tracker
DETAILS : We use these cookies to record information on the way you navigate your way around our site.
This information allows us to identify the sources of certain functional errors, or to store for future reference products that you have selected so that you don’t have to select them again the next time you visit the site.
COOKIE : Currency_m[market]
FUNCTION : Currency selection
DETAILS : We use this cookie to save the currency setting applicable to your country of residence.
COOKIE : marketLangChoice
FUNCTION : Language selection
DETAILS : We use this cookie to store your language preference.
The GOOGLE ANALYTICS tool allows us to improve your online experience and make our website more user-friendly. Under no circumstances is this technology used to gather personal information concerning you, and the data is never cross-referenced with your user profile information if you are a registered user of our site.
The cookies used by GOOGLE ANALYTICS are: __utma, __utmb, __utmc, __utmv, __utmx, and __utmz.
5. Who uses the cookies?
The information collected through the cookies used on the Platform may be used both by the owner of the Platform and by a third party that provides a service to it.
6. Cookies management and settings.
Based on the information offered in this policy, we offer you information on how to manage the cookies used on the Platform through the different options offered by the most commonly used browsers.
• In the menu ‘SETTINGS’, scroll to the bottom and click on ‘DISPLAY ADVANCED SETTINGS’.
• Now click ‘CONTENT SETTINGS’ in the PRIVACY menu.
• The upper section of the page which should now appear will provide you with more information regarding cookies, and allow you to install or uninstall specific cookies.
• Open the ‘TOOLS’ menu and select ‘OPTIONS’.
• Select ‘PRIVACY SETTINGS’.
Microsoft Internet Explorer 6+
• Open the ‘TOOLS’ menu and select ‘INTERNET OPTIONS’.
• Select ‘PRIVACY SETTINGS’
• These privacy settings contain six options which will allow you to control which cookies are stored on your hard drive.
• In the drop-down menu, select ‘PREFERENCES’.
• Open the ‘SECURITY’ tab.
• Select the option which suits you in the ‘ACCEPT COOKIES’ menu.
ADJUSTING SETTINGS VIA A COOKIE MANAGEMENT SERVICE: you can also choose to manage cookies via the cookie management platforms operated by advertisers.
SETTINGS FOR THIRD PARTY COOKIES: as we do not store or manage these cookies, we advise you to consult the applicable cookie management policies available directly on the advertisers’ websites.