A. GENERAL PART
TO 1. USER DATA COLLECTION AND PROCESSING
As part of the provision of the website hosted at www.balaia-sol.com and the services and communications available there, Balaia-Sol Sociedade de Exploração Turística Lda., Headquartered in Apartamentos Turísticos Balaia-Sol, Rua do Alfaiate 8200-315 Albufeira, under the unique registration number and legal person 502354879, you can request the User to provide personal data, that is, information provided by the User that allows Balaia-Sol to identify and / or contact him (“Personal Data”).
As a rule, Personal Data is requested when the User registers on the Site, requests a contact and / or sends newsletters, subscribes to a certain Service, purchases a product or establishes a contractual relationship with Balaia-Sol.
The Personal Data collected and processed consists of information regarding the name, gender, date of birth, telephone, mobile phone, email, address, tax identification number, credit card data (collected only for billing purposes), although they may come other Personal Data that may be necessary or convenient for the provision of Services by Balaia-Sol may be collected.
When collecting Personal Data, Balaia-Sol provides the User with detailed information about the nature of the data collected and about the purpose of the treatment that will be carried out in relation to Personal Data, as well as the information mentioned in clause 8. Balaia -Sol also collects and handles information about your 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 the links through which the User accessed the Site (“Usability Information”). We use this information only to improve the quality of your visit to our Site.
These subcontracted entities will not be able to transmit User Data to other entities unless Balaia-Sol has previously given written authorization to do so, and they are also prevented from contracting other entities without prior authorization from Balaia-Sol.
Balaia-Sol is committed to subcontracting only entities that present sufficient guarantees for the execution of the appropriate technical and organizational measures, in order to ensure the defense of the User's rights. All entities subcontracted by Balaia-Sol are bound by the latter through a written contract which regulates, namely, the object and duration of the treatment, the nature and purpose of the treatment, the type of personal data, the categories of the owners data and the rights and obligations of the parties.
When collecting personal data, Balaia-Sol provides the User with information about the categories of subcontracted entities that, in the specific case, can carry out data processing on behalf of Balaia-Sol.
A.3. DATA COLLECTION CHANNELS
Balaia-Sol may collect data directly (i.e., directly from the User) or indirectly (i.e., through partner entities or third parties).
Collection can be done through the following channels:
Direct collection: in person, by phone, e-mail and through the Site;
Indirect collection: through partners or group companies and official entities.
B. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA
In terms of general principles regarding the processing of personal data, Balaia-Sol is committed to ensuring that the User Data processed by it is:
Subject to lawful, fair and transparent treatment in relation to the User;
Collected for specific, explicit and legitimate purposes, not later being treated in a way incompatible with those purposes;
Adequate, relevant and limited to what is necessary in relation to the purposes for which they are treated;
Accurate and updated whenever necessary, taking all appropriate measures so that the inaccurate data, taking into account the purposes for which they are processed, are erased or rectified without delay;
Kept in a way that allows the identification of the User only for the period necessary for the purposes for which the data are processed;
Treated in a way that guarantees their safety, including protection against their unauthorized or illicit treatment and against their accidental loss, destruction or damage, taking appropriate technical or organizational measures. The data processing performed by Balaia-Sol is lawful when it is found that at least one of the following situations:
The User has given his explicit consent to the processing of User Data for one or more specific purposes;
Processing is necessary for the performance of a contract to which the User is a party, or for pre-contractual steps at the User's request;
The treatment is necessary to fulfil a legal obligation to which Balaia-Sol is subject;
The treatment is necessary to defend the vital interests of the User or of another natural person;
The treatment is necessary for the purpose of the legitimate interests pursued by Balaia-Sol or by third parties (except if the fundamental interests or rights and freedoms of the User that require the protection of personal data prevail). Balaia-Sol undertakes to ensure that the processing of User Data is only carried out under the conditions listed above and with respect for the principles mentioned above. When the processing of User Data is carried out by Balaia-Sol 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 compromise the lawfulness of the treatment performed by Balaia-Sol based on the consent previously given by the User. The period of time during which data is stored and preserved varies according to the purpose for which the information is processed. Effectively, there are legal requirements that require data to be kept for a minimum period of time. Thus, and whenever there is no specific legal requirement, the data will be stored and preserved only for the minimum period necessary for the purposes that motivated its collection or further treatment, after which they will be eliminated.
B.1. USE AND PURPOSES OF USER DATA PROCESSING
In general terms, Balaia-Sol uses User Data for the following purposes:
Provision of hotel services;
User contact management;
User billing and collection;
User Registration on the Site;
Inform the User, who has requested it, of new products and services made available on the website and / or in the Hotel Unit, special offers and campaigns, updated information on the activity of Balaia-Sol and in general for the purposes of Balaia-Sol marketing through any means of communication, including electronic support; Allow access to restricted areas of the Site, according to previously established terms; Ensuring that the Site meets the needs of the User, through the development and publication of content as adapted as possible to the requests and type of User, the improvement of the search capabilities and functionalities of the Site and the obtaining of aggregated or statistical information regarding the user's type profile (analysis of consumption profiles); Provision of Services, and other services, such as newsletters, opinion polls, or other information or products requested or purchased by the User; Recording of telephone calls that may be made within the scope of the contractual relationship, either during the contract formation phase or during its term;
B.2. IMPLEMENTED TECHNICAL, ORGANIZATIONAL AND SECURITY MEASURES
To ensure the security of User Data and maximum confidentiality, we treat the information you have provided to us in an absolutely confidential manner, in accordance with our internal security and confidentiality policies and procedures, which are periodically updated according to needs, as well as in accordance with the legally provided terms and conditions. Depending on the nature, scope, context and purposes of processing the data, as well as the risks arising from the treatment for the rights and freedoms of the User, Balaia-Sol undertakes to apply, both when defining the means of treatment as at the time of the treatment itself, the technical and organizational measures necessary and appropriate for the protection of User Data and for compliance with legal requirements. It also undertakes to ensure that, by default, only the data that is necessary for each specific purpose of treatment are processed and that these data are not made available without human intervention to an undetermined number of people. In terms of general measures, Balaia-Sol adopts the following: Regular audits to assess the effectiveness of the technical and organizational measures implemented; Awareness and training of personnel involved in data processing operations; Pseudonymization and encryption of personal data; Mechanisms capable of ensuring the confidentiality, availability and permanent resilience of information systems; Mechanisms that ensure the restoration of information systems and access to personal data in a timely manner in the event of a physical or technical incident;
B.3. INTERNATIONAL DATA TRANSFER
The personal data collected and used by Balaia-Sol are not made available to third parties established outside the European Union. If, in the future, this transfer takes place for the reasons mentioned above, Balaia-Sol undertakes to ensure that the transfer complies with the applicable legal provisions, namely regarding the determination of the suitability of such country with regard to data protection and the applicable requirements. such transfers.
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C. RIGHTS OF USERS (DATA HOLDERS)
C.1. RIGHT TO INFORMATION
C.1.1. INFORMATION PROVIDED TO THE USER BY BALAIA-SOL WHEN THE DATA IS COLLECTED DIRECTLY FROM THE USER
The identity and contacts of Balaia-Sol responsible for the treatment and, if applicable, of its representative; The purposes of the processing for which the personal data are intended, as well as, if applicable, the legal basis for the processing; If the processing of the data is based on the legitimate interests of Balaia-Sol or a third party, an indication of such interests; If applicable, the recipients or categories of recipients of personal data; If applicable, an indication that personal data will be transferred to a third country or an international organization, and whether or not there is an adequacy decision taken by the Commission or reference to appropriate or appropriate transfer guarantees; Period of retention of personal data; The right to request Balaia-sol to access personal data, as well as its rectification, erasure or limitation, the right to object to the processing and the right to data portability; If the processing of the data is based on the User's consent, the right to withdraw the consent at any time, without compromising the lawfulness of the treatment carried out based on the consent previously given; The right to file a complaint with the CNPD or another supervisory authority; Indication whether or not the provision of personal data constitutes a legal or contractual obligation, or a necessary requirement to conclude a contract, as well as whether the holder is obliged to provide personal data and the possible consequences of not providing such data;
If applicable, the existence of automated decisions, including profiling, and information regarding the underlying logic, as well as the importance and expected consequences of such processing for the data subject.
In the event that User Data is not collected directly by Balaia-Sol from the User, in addition to the information referred to above, the User is additionally informed about the categories of personal data being processed and, as well, about the origin of the data and eventually come from publicly accessible sources.
If Balaia-Sol intends to proceed with the processing of User Data for a purpose other than that for which the data was collected, before such treatment Balaia-Sol will provide the User with information about that purpose and any other pertinent information, in the above terms.
C.1.2. PROCEDURES AND MEASURES IMPLEMENTED WITH A VIEW TO COMPLYING WITH THE RIGHT TO INFORMATION.
The information referred to in C.1.1 is provided in writing (including by electronic means) by Balaia-Sol to the User prior to the processing of the personal data in question. Under the terms of the applicable law, Balaia-Sol has no obligation to provide the User with the information mentioned in C.1.1 when and to the extent that the User is already aware of it. The information is provided by Balaia-Sol free of charge.
C.2. RIGHT OF ACCESS TO PERSONAL DATA
Balaia-Sol guarantees the means that allow the User to access his Personal Data.
The User has the right to obtain confirmation from Balaia-Sol that the personal data concerning him are or are not subject to treatment and, if applicable, the right to access his personal data and the following information:
The purposes of data processing;
The categories of personal data in question;
The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients established in third countries or belonging to international organizations;
The period of conservation of personal data;
Right to request Balaia-Sol to rectify, erase or limit the processing of personal data, or the right to object to such treatment;
Right to file a complaint with the CNPD or other supervisory authority; If the data has not been collected from the User, the information available on the source of such data; The existence of automated decisions, including the definition of profiles, and information related to the underlying logic, as well as the importance and expected consequences of such treatment for the data subject; Right to be informed about adequate guarantees associated with the transfer of data to third countries or international organizations. Upon request, Balaia-Sol will provide the User, free of charge, with a copy of the User Data that is being processed. The supply of other copies requested by the User may incur administrative costs.
C.3. RIGHT TO RECTIFY PERSONAL DATA
The User has the right to request, at any time, the rectification of his Personal Data and, as well, the right to have his incomplete personal data completed, including by means of an additional declaration.
In case of rectification of the data, Balaia-Sol communicates to each recipient to whom the data has been transmitted the respective rectification, unless such communication proves impossible or implies a disproportionate effort for Balaia-Sol.
C.4. RIGHT TO DELETE PERSONAL DATA (“RIGHT TO BE FORGOTTEN”)
The User has the right to obtain, on the part of Balaia-Sol, the deletion of his data when one of the following reasons applies:
User Data is no longer necessary for the purpose that motivated its collection or treatment;
The User withdraws the consent on which the treatment of the data is based and there is no other legal basis for said treatment;
The User opposes the treatment under the right of opposition and there are no prevailing legitimate interests that justify the treatment;
If the User Data is processed illegally; In case the User Data has to be deleted in order to comply with a legal obligation to which Balaia-Sol is subject;
Under applicable legal terms, Balaia-Sol has no obligation to delete User Data to the extent that the treatment proves necessary to fulfill a legal obligation to which Balaia-Sol is subject or for the purposes of declaration, exercise or defense of a Balaia-Sol right in a judicial process. In case of data erasure, Balaia-Sol communicates to each recipient / entity to whom the data has been transmitted the respective erasure, unless such communication proves impossible or involves a disproportionate effort for Balaia-Sol. When Balaia-Sol has made User Data public and is obliged to delete it under the right of erasure, Balaia-Sol undertakes to ensure reasonable measures, including technical measures, taking into account the available technology and the costs of its application, to inform those responsible for the effective treatment of personal data that the User has requested the deletion of links to such personal data, as well as copies or reproductions thereof.
C.5. RIGHT TO LIMIT THE PROCESSING OF PERSONAL DATA
The User has the right to obtain, on the part of Balaia-Sol, the limitation of the treatment of the User Data, if one of the following situations applies (the limitation is to insert a mark in the personal data kept with the objective of limiting its treatment in the future): If you dispute the accuracy of personal data, for a period that allows Balaia-Sol to verify its accuracy; If the treatment is illegal and the User opposes the deletion of the data, requesting, in return, the limitation of its use; If Balaia-Sol no longer needs the User's data for processing purposes, but these data are required by the User for the purposes of declaring, exercising or defending a right in a judicial process; If the User has opposed the treatment, until it is found that Balaia-Sol's legitimate reasons prevail over those of the User.
When User Data is subject to limitation, it may only, with the exception of conservation, be treated with the User's consent or for the purpose of declaring, exercising or defending a right in a judicial proceeding, defending the rights of another natural person or collective action, or for reasons of public interest provided for by law. The User who has obtained a limitation in the treatment of his data in the cases referred to above will be informed by Balaia-Sol before the limitation to treatment is lifted. In case of limitation in the processing of data, Balaia-Sol will communicate to each recipient to whom the data has been transmitted the respective limitation, unless such communication proves impossible or implies a disproportionate effort for Balaia-Sol.
C.6. RIGHT TO PORTABILITY OF PERSONAL DATA
The User has the right to receive the personal data that concerns him and that he has provided to Balaia-Sol, in a structured format, in common use and automatic reading, and the right to transmit this data to another responsible for the processing, if: Treatment is based on consent or a contract to which the User is a party; and The treatment is carried out by automated means.
The portability right does not include inferred data or derived data, i.e., personal data that is generated by Balaia-Sol 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 processing, whenever this is technically possible.
C.7. RIGHT OF OPPOSITION TO TREATMENT
The User has the right to object at any time, for reasons related to his particular situation, to the processing of personal data concerning him based on the exercise of legitimate interests pursued by Balaia-Sol or when the treatment is carried out 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. Balaia-Sol will cease processing User Data, unless it presents imperative and legitimate reasons for such treatment that prevail over the interests, rights and freedoms of the User, or for the purposes of declaring, exercising or defending a right of Balaia-Sol in a judicial process. When User Data is processed for the purposes of direct marketing (marketing), the User has the right to object at any time to the processing of data concerning him for the purposes of said marketing, which covers the definition of profiles insofar as it is related to direct marketing. If the User opposes the processing of his data for the purpose of direct marketing, Balaia-Sol stops processing the data for that purpose. The User also has the right not to be subject to any decision taken exclusively on the basis of automated treatment, including the definition of profiles, which has effects in its legal sphere or which significantly affects him in a similar way, unless the decision:
It is necessary for the conclusion or execution of a contract between the User and Balaia-Sol;
It is authorized by legislation to which Balaia-Sol is subject; or It is based on the User's explicit consent.
C.8. PROCEDURES FOR THE EXERCISE OF RIGHTS BY THE USER
The right of access, the right to rectify, the right to erase, the right to limit, the right to portability and the right to object can be exercised by the User by contacting the Data Protection Officer of Balaia-Sol via email : email@example.com
Balaia-Sol will respond in writing (including by electronic means) to the User's request within a maximum period of one month from receipt of the request, except in cases of special complexity, in which this period may be extended up to two months. If the requests submitted by the User are manifestly unfounded or excessive, namely due to their repetitive nature, Balaia-Sol reserves the right to charge administrative costs or refuse to proceed with the request.
C.9. PERSONAL DATA BREACHES
In the event of a data breach and insofar as such breach is likely to imply a high risk to the User's rights and freedoms, Balaia-Sol undertakes to report the breach of personal data to the User concerned within 72 hours from knowledge of the incident. Under legal terms, communication to the User is not required in the following cases: If Balaia-Sol has applied adequate protection measures, both technical and organizational, and these measures have been applied to the personal data affected by the breach of personal data, especially measures that make the personal data incomprehensible to any unauthorized person to access those data data, such as encryption;
If Balaia-Sol has taken subsequent measures to ensure that the high risk to the User's rights and freedoms is no longer likely to materialize; or If the communication to the User implies a disproportionate effort for Balaia-Sol. In that case, Balaia-Sol will make a public communication or take a similar measure through which the User will be informed. D. CONFIDENTIALITY OF EMAILS The emails sent by Balaia-Sol and all its attachments are CONFIDENTIAL and are intended exclusively for those listed as recipients. If you read any message and are not the intended recipient, you are notified that any use, distribution, forwarding or other form of disclosure to others, printing or copying of the message is expressly prohibited under the terms of the legislation in force. If you received an error message, we require that you notify us immediately to the email firstname.lastname@example.org and proceed to its immediate elimination. Balaia-Sol declines all responsibility for the content of email messages that are altered or falsified.
E. FINAL PART
E.2. APPLICABLE LAW AND JURISDICTION