1.COLLECTION AND PROCESSING OF USER DATA
Within the scope of the availability of the Site hosted at www.pestanagolf.com (hereafter referred to as "Site”), the conclusion of any contracts, the provision of information, contents including tournament registrations, booking golf courses, requesting membership information, information on real estate and holiday accommodation (collectively the "Services”) to its users ("User”),Carvoeiro Golfe Sociedade de Mediação Imobiliária, Unipessoal, Lda., Licence nº 6051 - AMI, with its registered head office at Aldeamento Turístico do Gramacho, Lote 4, Escritórios - Apartado 1011, 8400 - 080 ESTOMBAR, with the corporate taxpayer number 506857441, (hereinafter referred to as "Pestana") may request the user to make available personal data, information provided by the user that allow Pestana to identify and / or contact you ("Personal Information").
As a rule, Personal Data is requested when the User registers on the Site, requests a contact and / or sending of newsletters, subscribes to a particular Service(e.g., reservation of Golf courses, registration for Golf tournaments, requests for information to become a member and obtain privileges and requests for marking Golf lessons), acquires a product or establishes a contractual relationship with Pestana.
When collecting Personal Data, Pestana provides the User with detailed information about the nature of the data collected and about the purpose and processing that will be performed with respect to the Personal Data, as well as the information mentioned in clause 8.
Pestana also collects and processes information about the characteristics of user’s hardware and software, as well as information about the pages visited by the User within the Site. This information may include: your browser type, domain name, access times and links through which the User has accessed the Site("Usability Information").We use this information only to improve the quality of your visit to our Site.
These processors may not transmit User Data to other entities without Pestana previously and written authorization to do so, while also being prevented from contracting others without permission of Pestana.
Pestana is committed to subcontract to entities that provide sufficient guarantees for the implementation of the technical and organizational measures in order to ensure the protection of user’s rights. All data processors shall be bound by means of a written agreement, which covers, in particular the object and duration of the processing, the nature and purpose of the processing, the type of personal data, the categories of data subjects and the rights and obligations of the parties.
When collecting personal data, Pestana provides the User with information on the categories of data processors that, in this case, may process data on behalf of Pestana.
1.3.DATA COLLECTION CHANNELS
Pestana may collect data directly (ie, directly from the user) or indirectly (ie, through partner organizations or others).The collection may be done through the following channels:
2. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA
In terms of general principles concerning the processing of personal data, Pestana undertakes to ensure that the User Data processed by you are:
Data processing carried out by Pestana is legal when at least one of the following situations occurs:
Pestana is committed to ensure that the processing of User Data is only made in the above listed conditions and with respect for the principles mentioned above.
When the processing of the User Data is performed by Pestana based on the User’s consent, the User has the right to withdraw his consent at any time. The withdrawal of consent, however, does not jeopardize the lawfulness of the processing made by Pestana based on the consent previously given by the User.
The length of time during which the data is stored and stored varies according to the purpose for which the information is being processed.
Effectively, there are legal requirements that require the data to be preserved for a minimum period. Thus, and where there is no specific legal requirement, the data will be stored and kept only for the minimum period necessary for the purposes that led to their collection or subsequent processing, which at the end of period they will be eliminated.
3. USING AND USER DATA PROCESSING PURPOSES
In general terms, Pestana uses the User Data for the following purposes:
Providing information to User, who has requested it, new products and services that have been available on the Site and / or at the hotel units, offers and special campaigns, updated information on Pestana's business operation and, generally for the purpose of marketing of Pestan aand its hotels, by any means of communication including electronic format;
To allow access to restricted areas of the Site, in accordance with previously established terms;
Ensure that the Site meets User's needs by developing and publishing content that is best adapted to the requests and type of User, improving the search capabilities and functionalities of the Site and obtaining aggregate or statistical information regarding to the user's profile (analysis of consumption profiles);
Provision of Services, and other services, such as newsletters, opinion surveys, or other information or products requested or purchased by you;
Recording of telephone calls that may be made within the scope of the contractual relationship, both during the formation of the contract and during its validity;
Pestana may combine Usability information with anonymous demographic information for research purposes, and we can use the result of this research to provide relevant content on the Site. In certain restricted areas of the Site, Pestana may combine Personal Data with Usability information to provide the User a more personalized content.
The User Data collected by Pestana will not be shared with third parties without the User’s consent, except for the situations referred in the following paragraph. However, in the event of the User engages through Pestana services that are provided by other data controllers, User Data may be consulted or accessed by such entities, to the extent that it is necessary to provide such services.
4. IMPLEMENTED TECHNICAL, ORGANIZATIONAL AND SECURITY MEASURES
In order to ensure the security of User Data and maximum confidentiality, Pestana treats the information you have provided to us in an absolute confidential manner, in accordance with our internal security and confidentiality policies and procedures, which are updated periodically as required, as well as accordance with the terms and conditions legally set out.
Depending on the nature, scope, context and purpose of the data processing, as well as the risks arising from the processing of the rights and freedoms of the User, Pestana undertakes to apply, both when defining the means of processing and at the time of the processing itself, the technical and organizational measures necessary and adequate for the protection of User Data and for compliance with legal requirements.
Pestana also undertakes to ensure that, by default, only data that are necessary for each specific purpose are processed and that such data are not made available without human intervention to an indeterminate number of persons.
In terms of general measures, Pestana adopts the following:
5. TRANSFER OF DATA OUT OF THE EUROPEAN UNION
The personal data are collected and used by Pestana are not made available to third parties established outside the European Union. If, in the future, this transfer happen for the reasons mentioned above, Pestana is committed to ensure that the transfer complies with the applicable legal provisions, in particular in determining the suitability of that country with regard to data protection and the requirements to such transfers.
When you visit our Site, a small text file (Cookie) is created and recorded on your computer disc, so when you visit the Site via a browser you are accepting the creation of this text file in your device. This file will provide you with a greater speed and an easier access to the site, as well as its customization in accordance with your preferences.
You can delete or block them in the "Help" menu on your browser, where you will find how to do it.
7. WHICH TOOLS ARE USED FOR ANALYTICS AND USER BEHAVIOR?
In this Site is used Google Analytics, a web analysis service provided by Google Inc., (hereinafter "Google”).
The cookies are being recorded in order to provide information on the Site’s use. This data, including the user’s IP address, is transmitted to Google servers, but the data collected by Google Analytics is not related to any other data held by Google.
You may also deactivate the tool by downloading and installing a browser add-on available from Google: https://tools.google.com/dlpage/gaoptout?hl=en
Facebook and Instagram
In the Site there is an interactivity with Facebook and Instagram through a connection with this social networks’ servers is established. This allows the social networks to identify the Site that the user is visiting, and potentially store other data such as the IP address.
If the user is also connected in these social networks, may also be associated the data with the user’s account. If the user wants to prevent this, should done log out from Facebook and/ or Instagram before visiting the webpage.
You can find more information about how Facebook and Instagram process data on their sites: https://www.facebook.com/about/privacy/ and https://help.instagram.com/519522125107875.
The Site has an interactivity with Twitter Inc.(hereinafter "Twitter”). When you access a webpage using such buttons, a connection with Twitter’s servers is established. This allows Twitter to identify the Site that the user is visiting, and potentially store other data such as the IP address.
You can find more information about how Twitter processes data on Twitter Site: https://twitter.com/privacy
B. USER RIGHTS (DATA SUBJECT)
8.RIGHT TO INFORMATION
8.1.Information provided to the User by Pestana(when data are collected directly from the User):
8.2. Procedures and measures implemented to fulfill the right to information.
The information referred to in paragraph 8.1. is provided in written form (including electronic means) by Pestana to the User prior to the processing of personal data in question. Under applicable law, Pestana has no obligation to provide to the user the information mentioned in 8.1 if and to the extent that the user is already aware of them.
Pestana provides the information at no cost.
9.RIGHT OF ACCESS TO PERSONAL DATA
Pestana provides the means to access, the user, to your Personal Data.
The User has the right to obtain from Pestana a confirmation of which personal data concerning him are subject to processing and, if applicable, the right of access to your personal data and the following information:
Upon request, Pestana will provide the User, free of charge, with a copy of the User Data that is being processed. The provision of other copies requested by the User may entail administrative costs.
10.RIGHT TO RETIFICATION OF PERSONAL DATA
The User has the right to request, at any time, the rectification of his Personal Data and also the right to have incomplete personal data completed, including by means of an additional declaration.
In case of rectification of the data, Pestana communicate to each recipient to whom the data have been transmitted to respective rectification, unless such communication proves impossible or involves a disproportionate effort for Pestana.
11.RIGHT TO ERASURE OF PERSONAL DATA ("RIGHT TO BE FORGOTTEN")
The User has the right to obtain, by Pestana, erase your data when one of the following reasons applies:
Pursuant to applicable law, Pestana has no obligation to delete the User Data to the extent that the processing proves necessary to fulfill a legal obligation to which Pestana is subject or for the purpose of establishment, exercise or defence of a right of Pestana in judicial proceedings.
In case of deletion of data, Pestana communicate to each recipient / entity to whom the data have been transmitted the respective deletion, unless such communication proves impossible or involves a disproportionate effort for Pestana.
When Pestana has made the User Data public and is obliged to delete it under the erasure right, Pestana undertakes to ensure reasonable measures, including technical ones, taking into account available technology and the costs of its application, in order to inform those responsible for the effective processing of personal data that the User has requested to erase the connections for such personal data, as well as copies or reproductions thereof.
12.RIGHT TO THE RESTRICTION OF THE PROCESSING OF PERSONAL DATA
The User has the right to obtain, on Pestana, the restriction of the processing of User Data if one of the following situations occurs (the restriction is to insert a mark in the personal data preserved with the purpose of limiting its processing in the future):
When User Data is subject to restriction, they may only, except preservation, be processed with the consent of the User or for the purpose of declaring, exercising or defending a right in a judicial process, defending the rights of another natural or legal person or for reasons of public interest legally envisaged.
The User who has obtained a restriction to the processing of their data in the above cases will be informed by Pestana before the processing restriction is overridden.
In the event of data processing being limited, Pestana shall inform to each recipient to whom the data have been transmitted to respective limitations, unless such communication proves impossible or involves a disproportionate effort for Pestana.
13.RIGHT OF PORTABILITY OF PERSONAL DATA
The User has the right to receive the personal data concerning him and which he has provided to Pestana in a structured, current, automatic reading format and the right to transmit such data to another controller, if:
The right of portability does not include inferred data or data derived, i.e., personal data that is generated by Pestana as a consequence or result of the analysis of the data being processed.
The User has the right to have personal data transmitted directly between those responsible for the processing, whenever this is technically possible.
14.RIGHT TO OBJECT THE PROCESSING
The User has the right to object at any time, on grounds relating to his particular situation, to the processing of personal data concerning him that based on the exercise of legitimate interests pursued by Pestana or when the processing is performed for purposes other than those for which personal data were collected, including the definition of profiles, or when personal data are processed for statistical purposes.
Pestana cease the processing of User Data unless it presents compelling legitimate grounds for such processing to prevail over the interests, rights and user freedoms, or for the purpose of establishment, exercise or defence of a right of Pestana in judicial proceedings.
When User Data is processed for the purpose of direct marketing, the User has the right to oppose at any time the processing of the data that concern him for the purposes of said commercialization, which includes the definition of profiles in the insofar as it relates to direct marketing. If you object to the processing of your data for the purposes of direct marketing, Pestana ceases processing of the data for this purpose.
Users also have the right not to be subject to any decision made solely on the basis of automated processing, including profiling, that has legal effects or significantly affects it in a similar way, unless the decision:
15.PROCEDURES TO THE EXERCISE OF THE RIGHTS BY THE USER
The right of access, the right of rectification, the right of erasure, the right to restriction, the right of portability and the right to objection may be exercised through the platform available in the following link:
Pestana will respond in writing (including by electronic means) to the request of the User within a maximum of one month from the receipt of the request, except in cases of special complexity, where this period maybe extended by up to two months.
If the requests made by the User are manifestly unfounded or excessive, in particular because of their repetitive nature, Pestana reserves the right to charge administrative costs or refuse to comply with the request.
For further information regarding privacy and data protection please contact email@example.com.
16.VIOLATIONS OF PERSONAL DATA
In the event of a breach of data and to the extent that such breach is likely to pose a high risk to the rights and freedoms of the User, Pestana undertakes to communicate the violation of personal data to the User in question within72hours of the knowledge of the incident.
In legal terms, communication to the User is not required in the following cases:
C. FINAL PART
18.APPLICABLE LAW AND JURIDICTION