A. GENERAL SCOPE
1.1 COLLECTION AND PROCESSING OF USER DATA
As a rule, Personal Data is requested when the User registers on the Site, requests a contact and / or sending newsletters, contracts a certain service, requests information, purchases a product or establishes a contractual relationship with Furadouro Hotel.
The Personal Data collected and processed consists essentially of information relating to name, gender, date of birth, telephone, cell phone, email, address, TIN, citizen card details, credit card details (collected for billing purposes only), although other Personal Data may be collected that may be necessary or convenient for the provision or collection of Services by Furadouro Hotel.
When collecting Personal Data, Furadouro Hotel provides the User with detailed information about the nature of the data collected and about the purpose and processing that will be carried out in relation to Personal Data.
Furadouro Hotel also collects and processes information about its 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 you accessed the Site (“Usability Information”). We use this information only to improve the quality of your visit to our Site.
1.3. DATA COLLECTION CHANNELS
Furadouro Hotel collects data directly, that is, in person, by telephone, by e-mail and through the Website.
2. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA
In terms of general principles regarding the processing of personal data, Furadouro Hotel undertakes to ensure that the User Data processed by it are and comply with the following principles:
- Legality, justice and transparency
They are processed lawfully, fairly and transparently in relation to the person concerned.
- Purpose limitation
They are collected for specific, explicit and legitimate purposes.
- Data minimization
They are adequate, relevant and limited to what is strictly necessary in relation to the purposes for which they are processed.
They are accurate and, where possible, kept up to date.
- Storage limitation
They are kept in a format which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.
- Integrity and confidentiality
They are processed in a manner that ensures appropriate data security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate organizational technical measures.
The processing of data carried out by Furadouro Hotel is lawful when at least one of the following situations occurs:
- You have given your explicit consent to the processing of your Data for one or more specific purposes;
- Processing is necessary for the performance of a contract to which you are a party, or for pre-contractual steps at your request;
- The treatment is necessary for the fulfillment of a legal obligation to which Furadouro Hotel is subject;
- The processing is necessary for the protection of the basic interests of the User or another natural person;
- The processing is necessary for the purpose of the legal interests pursued by Furadouro Hotel or by third parties (except if the interests or fundamental rights and freedoms of the User that require the protection of personal data prevail).
Furadouro Hotel undertakes to ensure that the processing of User Data is only done under the conditions listed above and with respect for the principles mentioned above.
When the processing of User Data is carried out by Furadouro Hotel 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 legality of the treatment carried out by Furadouro Hotel based on the consent previously given by the User.
The length of time for which data is stored and retained varies according to the purpose for which the information is processed.
Indeed, there are legal requirements to retain data for a minimum period of time. Thus, and whenever there is no specific legal obligation, the data will be stored and kept only for the minimum period necessary for the purposes that motivated its collection or subsequent processing, which at its end will be deleted.
3. USE AND PURPOSES OF PROCESSING USER DATA
In general terms, Furadouro Hotel uses User Data for the following purposes:
- Provision of hotel and associated services (restaurant, bar, spa, etc.);
- User contact management;
- Billing and collection from the User;
- User registration on the Site;
- To inform the User, who has given explicit consent, of new products and services available on the Site and/or in our hotel, special offers and campaigns and, in general, for marketing purposes through any means of communication, including electronic support;
The User Data collected by Furadouro Hotel is not shared with third parties without the User’s consent, with the exception of the situations referred to in the following paragraph. However, in the event that the User contracts with Furadouro Hotel services that are provided by other entities responsible for the processing of personal data, the User Data may be consulted or accessed by these entities, to the extent necessary for the provision of such services.
4. TECHNICAL, ORGANIZATIONAL AND SAFETY MEASURES IMPLEMENTED
To ensure the security of User Data and maximum confidentiality, Furadouro Hotel treats the information you have provided to us in an absolutely confidential manner, in accordance with its internal security and confidentiality policies and procedures, which are updated periodically according to needs, as well as with the terms and conditions legally provided.
Depending on the nature, scope, context and purposes of the data processing, as well as the risks arising from the processing for the rights and freedoms of the User, Furadouro Hotel undertakes to apply technical and organizational measures necessary and appropriate to the protection of User Data and compliance with legal requirements.
It also undertakes to ensure that, by default, only the data necessary for each specific purpose of processing are processed and that such data are not made available without human intervention to an indeterminate number of persons.
In terms of general measures, Furadouro Hotel adopts the following:
- Regular audits to identify the competence of the technical and organizational measures implemented;
- Awareness raising and training of staff involved in data processing operations;
- Pseudonymization and encryption of personal data;
- Mechanisms to ensure the ongoing confidentiality, availability and resilience of information systems;
5. TRANSFER OF DATA OUTSIDE THE EUROPEAN UNION
The personal data collected and used by Furadouro Hotel 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, Furadouro Hotel undertakes to ensure that the transfer complies with the applicable legal provisions, in particular as regards the determination of the adequacy of such country with regard to data protection and the requirements applicable to such transfers.
B. RIGHTS OF USERS (DATA SUBJECTS)
7. RIGHT TO INFORMATION
7.1. Information provided to the User by Furadouro Hotel (when data is collected directly from the User):
- The identity of the Furadouro Hotel, responsible for the treatment;
- The purposes of the processing for which the personal data are intended and, where applicable, the legal grounds for the processing;
- If the processing of the data is based on legitimate interests of Furadouro Hotel or a third party, indication of such interests;
- Period of retention of personal data;
- The right to request from Furadouro Hotel permission to personal data, as well as its correction, deletion or limitation, the right to object to the processing and the right to access the data;
- If the processing of the data is based on the consent of the User, the right to withdraw it at any time, without compromising the lawfulness of the processing carried out on the basis of the consent previously given;
- The right to lodge a complaint with the CNPD or another supervisory authority;
- Indication of whether or not the provision of personal data constitutes a legal or contractual obligation, or a necessary requirement for entering into a contract, as well as whether the data subject is obliged to provide the personal data and the possible consequences of not providing such data;
- If Furadouro Hotel intends to further process User Data for a purpose other than that for which the data was collected, prior to such processing Furadouro Hotel will provide the User with information about that purpose and any other information of interest, under the terms referred to above.
7.2. Procedures and measures implemented to comply with the right to information.
The information referred to in 7.1. is provided in writing (including by electronic means) by Furadouro Hotel to the User prior to the processing of personal data in question. Under applicable law, Furadouro Hotel is under no obligation to provide the User with the information mentioned in 7.1 when and to the extent that the User is already aware of it.
8. RIGHT OF ACCESS TO PERSONAL DATA
Furadouro Hotel guarantees the means to allow the User to consult his Personal Data.
The User has the right to obtain from Furadouro Hotel confirmation that the personal data concerning him or her is or is not being processed and, if applicable, the right to access his or her personal data and the following information:
- The purposes of data processing;
- The categories of personal data concerned;
- The retention period for personal data;
- Right to request from Furadouro Hotel the correction, deletion or limitation of the processing of personal data, or the right to prevent such processing;
- Right to lodge a complaint with the CNPD or other supervisory authority;
- The existence of automated decision-making, including profiling, and information on the underlying logic, as well as the significance and envisaged consequences of such processing for the data subject;
Upon request, Furadouro Hotel 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 incur administrative costs.
9. RIGHT TO RECTIFICATION OF PERSONAL DATA
You have the right to request at any time the rectification of your Personal Data and the right to have incomplete Personal Data completed, including by means of an additional declaration.
10. RIGHT TO ERASURE OF PERSONAL DATA (“RIGHT TO BE FORGOTTEN”)
The User has the right to obtain, from Furadouro Hotel, the deletion of his data when one of the following reasons applies:
- The User Data is no longer necessary for the purpose for which it was collected or processed;
- The User withdraws the consent on which the processing of the data is based and there is no other legal basis for such processing;
- You object to the processing under the right to object and there are no overriding legitimate interests justifying the processing;
- If your User Data is processed unlawfully;
- If the User Data must be deleted for the fulfillment of a legal obligation to which Furadouro Hotel is subject;
- Under the applicable legal terms, Furadouro Hotel has no obligation to delete User Data to the extent that the processing proves necessary to comply with a legal obligation to which Furadouro Hotel is subject or for the purpose of declaring, exercising or defending a right of Furadouro Hotel in a judicial proceeding.
- In case of deletion of the data, Furadouro Hotel communicates to each recipient / entity to whom the data has been transmitted the respective deletion, unless such communication proves impossible or involves a disproportionate effort for Furadouro Hotel.
11. RIGHT TO RESTRICTION OF PROCESSING OF PERSONAL DATA
The User has the right to obtain, on the part of Furadouro Hotel, the limitation of the processing of User Data, if one of the following situations applies (the limitation consists of inserting a mark in the personal data kept with the aim of limiting its processing in the future):
- If you dispute the accuracy of personal data, for a period that allows Furadouro Hotel to verify its accuracy;
- If the processing is unlawful and the User objects to the deletion of the data, requesting instead the restriction of its use;
- If Furadouro Hotel no longer needs User Data for processing purposes, but such data is required by the User for the purpose of declaring, exercising or defending a right in a judicial proceeding;
- If the User has opposed the treatment, until it is verified that the legitimate reasons of Furadouro Hotel prevail over those of the User.
When User Data is subject to limitation, it may, with the exception of storage, only be processed with the consent of the User or for the purpose of asserting, exercising or defending a right in legal proceedings, defending the rights of another natural or legal person, or for reasons of public interest legally provided for.
The User who has obtained the limitation of the processing of his data in the cases mentioned above will be informed by Furadouro Hotel before the limitation to the treatment is annulled.
In case of limitation of data processing, Furadouro Hotel will communicate to each recipient to whom the data has been transmitted the respective limitation, unless this communication proves impossible or involves a disproportionate effort for Furadouro Hotel.
12. RIGHT TO PORTABILITY OF PERSONAL DATA
The User has the right to receive the personal data concerning him/her that he/she has provided to Furadouro Hotel, in a structured, commonly used and machine-readable format, and the right to transmit this data to another controller, if:
- The processing is based on consent or a contract to which you are a party;
- The treatment is carried out by automated means.
You have the right to have your personal data transmitted directly between controllers, where technically feasible.
13. RIGHT TO OBJECT TO 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 is based on the exercise of legitimate interests pursued by Furadouro Hotel or when the processing is carried out for purposes other than those for which the personal data were collected, including profiling, or when personal data are processed for statistical purposes.
Furadouro Hotel will cease the processing of User Data, unless it presents urgent and legitimate reasons for such processing that prevail over the interests, rights and freedoms of the User, or for the purpose of declaring, exercising or defending a right of Furadouro Hotel in a judicial process.
Where User Data is processed for the purposes of direct marketing, the User has the right to object at any time to the processing of data relating to him/her for the purposes of such marketing, which includes profiling insofar as it is related to direct marketing. If the User opposes the processing of their data for direct marketing purposes, Furadouro Hotel ceases to process the data for this purpose.
You also have the right not to be subject to any decision taken solely on the basis of automated processing, including profiling, which produces effects in your legal sphere or similarly significantly affects you, unless the decision:
- It is necessary for the conclusion or execution of a contract between the User and Furadouro Hotel;
- Is authorized by legislation to which the Furadouro Hotel is subject; or
- It is based on the explicit consent of the User.
14. PROCEDURES FOR THE EXERCISE OF USER RIGHTS
The right of access, the right of rectification, the right of deletion, the right to limitation, the right of portability and the right to opposition may be exercised by the User by contacting Furadouro Hotel, by email reservations@furadourohotel .com, or to the address Av. Infante D. Henrique, 734 – Furadouro, 3880 – 355 Ovar.
Furadouro Hotel will respond in writing (including by electronic means) to the User’s request within a maximum period of 30 days from receipt of the request, except in cases of special complexity, where this period may be extended up to 60 days.
If the requests submitted by the User are manifestly unjustified or excessive, in particular due to their repetitive nature, Furadouro Hotel reserves the right to charge administrative costs or refuse to comply with the request.
15. PERSONAL DATA BREACHES
In the event of a data breach and to the extent that such breach is likely to entail a high risk to the rights and freedoms of the User, Furadouro Hotel undertakes to communicate the breach of personal data to the User concerned within 72 hours of becoming aware of the incident.
Under legal terms, communication to the User is not required in the following cases:
- If Furadouro Hotel has applied appropriate protection measures, both technical and organizational, and these measures have been applied to the personal data affected by the personal data breach, especially measures that make personal data incomprehensible to any person not authorized to access such data, such as encryption;
- If Furadouro Hotel 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 communication to the User implies a disproportionate effort for Furadouro Hotel. In this case, Furadouro Hotel will make a public communication or take a similar measure through which the User will be informed.
C. FINAL PART
17. APPLICABLE LAW AND JURISDICTION