- GENERAL PROVISIONS
- COLLECTION AND PROCESSING OF USER DATA
Within the scope of the website hosted at www.monchiqueresort.com (“Site”), Montinho de Monchique SA, with its registered office based at Lugar do Montinho, 8550-232 Monchique, Portugal, with the tax identification number 500 386 960 (hereinafter referred to as “MONCHIQUE RESORT & SPA”) may require the User to share its personal data, namely information provided by Users that allows us to identify and/or contact them. (“Personal Information”).
As a rule, Personal Data is required when the User registers on the site, requests a contact and/or subscribes to a newsletter, requests a certain service, provides or requests information, acquires a product or establishes a contractual relationship with MONCHIQUE RESORT & SPA.
The Personal Data collected and processed consists of information regarding name, gender, date of birth, telephone, mobile phone, email, address, tax identification number, credit card data (collected for billing purposes only), although we may have to collect other Personal Data that is eventually necessary or appropriate for the provision or charging of services by MONCHIQUE RESORT & SPA.
We may also collect data concerning your health whenever you use our health club or Spa, where in this case we will ask for your explicit consent.
After the collection of Personal Data, MONCHIQUE RESORT & SPA provides the User with detailed information about the nature of the data collected, the purpose and processing that will be performed with that data, as well as the information mentioned in clause 8.
MONCHIQUE RESORT & SPA also collects and processes information about the characteristics of the user’s hardware device and browser/software features, as well as information about the pages visited by the User within the site. This information may include browser type, domain name, access times and links by which the User has accessed the Site
(“Usability Information”). We only use this information to improve the quality of the user’s experience on website.
- DATA PROCESSORS
These processors may not disclose the User Data to other entities without MONCHIQUE RESORT & SPA having given prior written authorization to do so, and are also prevented from contracting other processors without MONCHIQUE RESORT & SPA’s prior authorization.
MONCHIQUE RESORT & SPA will only enter into agreements with processors that have implemented the appropriate technical and organizational measures, in order to guarantee the protection of the User’s Data. MONCHIQUE RESORT & SPA shall bind all the processors contracted by a written agreement that covers 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.
After the collection of personal data, MONCHIQUE RESORT & SPA provides the User with information on the categories of processors that, in this case, may process data on behalf of MONCHIQUE RESORT & SPA.
- DATA COLLECTION CHANNELS
MONCHIQUE RESORT & SPA may collect data directly (i.e., directly from the User) or indirectly (i.e. commercial partners or third parties). Such collection may operate through the following channels:
Direct collection: in person, by telephone, via e-mail and through the sites;
Indirect collection: through business partners or affiliates and official entities.
- GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA
In terms of general principles regarding the processing of personal data, MONCHIQUE RESORT & SPA undertakes to ensure that the User Data processed by it is:
- Processed in accordance with the law, as well as being fair and transparent in relation to the User;
- Collected for specific purposes that are objective and legitimate, not being processed subsequently in any way that runs contrary to these purposes;
- Appropriate, justified and limited to what is necessary in relation to the purposes for which the data is processed;
- Accurate and updated whenever necessary, ensuring that inaccurate data, taking into account the purposes for which they are processed, is erased or corrected without delay;
- Only retained for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements;
- Handled in a manner that ensures security, including protection against their unauthorized or illegal processing and against their loss, destruction or unforeseen damage, with appropriate technical or organizational measures being taken on this matter.
Data processing carried out by MONCHIQUE RESORT & SPA is permitted and legal when at least one of the following situations occurs:
- The User has without doubt given their consent to the processing of User Data for one or more specific purpose;
- The processing is necessary for the implementation of a contract in which the User is a party, or for pre-contractual procedures at the request of the User;
- The processing is necessary for the fulfilment of a legal obligation to which MONCHIQUE RESORT & SPA is subject;
- Processing is necessary for the defense of the fundamental interests of the User or another individual;
- The processing is necessary for legal interests pursued by MONCHIQUE RESORT & SPA or by third parties (unless the interests or fundamental rights and freedoms of the User requiring the protection of personal data prevail).
MONCHIQUE RESORT & SPA undertakes steps to ensure that the processing of User Data takes place under the conditions and respecting the principles above mentioned.
The User has the right to withdraw his consent at any time when MONCHIQUE RESORT & SPA, based on the User’s agreement, performs the User Data processing. Such withdrawal of consent, however, does not jeopardize the legal basis of the processing carried out by MONCHIQUE RESORT & SPA based on the consent that was previously given.
The time on which the data is filed and stored varies according to the purpose for which the information is being processed.
However, there are legal requirements that require the data to be preserved for a minimum period. Thus, and where there is no specific legal obligation, data will be stored and kept only for the minimum period necessary for the purposes that led to their collection or subsequent processing, being eliminated when that processing ends.
- USE AND PURPOSES OF USER DATA PROCESSING
MONCHIQUE RESORT & SPA uses the User Data for the following purposes:
- Provision of hotel services and associated services (restaurants, bars, spa, etc.);
- Contact management;
- Invoicing and billing;
- Registration on the website;
- Providing information to the User upon requests, about new products and services that have been made available on the site or at the hotel, special offers and campaigns, updated information on MONCHIQUE RESORT & SPA’s business operations and, generally, for the purpose of marketing MONCHIQUE RESORT & SPA, using any means of communication;
- Allowing access to restricted areas of the site;
- Ensuring that the site meets the User’s needs by developing and publishing content that is best adapted to the requests made and the type of User, improving the search capabilities and functionalities of the site and obtaining associated or statistical information regarding to the user’s profile (analysis of consumption profiles);
- Recording of telephone calls that may be made in connection with the request or provision of information about reservations, vouchers and other products or services and their commercial conditions of use and the establishment of any contractual relationship, either during the formation phase of the contract or while it is in force;
- MONCHIQUE RESORT & SPA may also combine user information with anonymous demographic information for research purposes and may use the result of that research to provide you with relevant content on the website. In certain restricted areas of the site, MONCHIQUE RESORT & SPA may also combine Personal Data with Usability Information to provide the User with more personalized content.
The User Data collected by MONCHIQUE RESORT & SPA is not shared with third parties without the User’s consent, except in the situations mentioned in the following paragraph. However, in the User requests services with MONCHIQUE RESORT & SPA that are provided by other data controllers for the processing of personal data, User Data may be consulted or accessed by such entities, to the extent that it is necessary for the provision of such data services.
MONCHIQUE RESORT & SPA may disclose the User Data to other entities if and whenever it is necessary to the fulfillment of the contract established between the User and MONCHIQUE RESORT & SPA or for pre-contractual procedures at the request of the User. User Data can also be disclosed if necessary for the fulfilment of a legal obligation to which MONCHIQUE RESORT & SPA is subject or to pursue our legitimate interests.
- IMPLEMENTED TECHNICAL, ORGANIZATIONAL AND SECURITY MEASURES
In order to guarantee the security and maximum confidentiality of the User Data, MONCHIQUE RESORT & SPA treats the information you provided to us in an absolutely confidential manner, in accordance with its internal security and confidentiality policies and procedures, which are updated periodically as required, as well as the terms and conditions legally set out.
Depending on the nature, scope, context and purpose of data processing, as well as the risks arising from the processing to the rights and freedoms of the User, MONCHIQUE RESORT & SPA undertakes to apply, both when defining the method and timing of handling the data, the necessary and appropriate technical and organizational measures for the protection of User Data in compliance with legal requirements.
MONCHIQUE RESORT & SPA also undertakes to ensure that, as a principle, only data that are necessary for each specific purpose are processed and that such data are not disclosed without human intervention to an indeterminate number of people.
Nevertheless, in terms of general measures, MONCHIQUE RESORT & SPA adopts the following:
- Regular audits to identify the effectiveness of the implemented technical and organizational measures;
- Sensitization and training of personnel involved in data processing operations;
- Pseudonymisation and coding of personal data;
- Mechanisms capable of ensuring the permanent confidentiality, availability and resilience of information systems;
- Mechanisms to ensure the restoration of information systems and access to personal data in a timely manner in the event of a physical or technical incident.
- INTERNATIONAL DATA TRANSFERS
Personal data collected and used by MONCHIQUE RESORT & SPA will not be disclosed to third parties established outside the European Union. If, in the future, such a transfer takes place for the reasons mentioned above, MONCHIQUE RESORT & SPA undertakes to ensure that the transfer complies with the applicable legal provisions, in particular determining that country’s suitability regarding data protection and the requirements applicable to such transfers.
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Some cookies sent by the server will only live throughout the session and they expire when you close the browser.
Other cookies are used to remember when a user returns to the website and have a larger lifespan.
Most browsers automatically accept cookies. You can change the settings on your browser to refuse or to be notified whenever a cookie is created.
To obtain more information about cookies, including how to check which cookies were created on your device or how to manage and eliminate them on different browsers, check www.allaboutcookies.org.
You may also change on your browser the settings regarding activation, deactivation and elimination of cookies. To do that, follow the instructions on your browser (usually located in the options “Help”, “Tools” or “Edit”). Deactivating a cookie or a set of cookies does not eliminate it from your browser, which you will have to do manually.
If you block or eliminate cookies that MONCHIQUE RESORT & SPA uses, it is possible that you will not be able to enjoy all the functionalities of the website.
We use the following cookies:
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- USER RIGHTS (DATA SUBJECTS)
- RIGHT TO BE INFORMED
- Information provided to the User by MONCHIQUE RESORT & SPA (when data are collected directly from the User):
- The identity and contacts of MONCHIQUE RESORT & SPA, as a data controller and, if applicable, of its representative;
- The purposes of the processing, as well as, if applicable, its legal basis;
- If the processing of the data is based on the legitimate interests of MONCHIQUE RESORT & SPA or a third party, an indication of such interests;
- If applicable, recipients or categories of recipients of personal data;
- If applicable, information that personal data will be transferred to a third country or an international organization, when the European Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organization in question ensures an adequate level of protection;
- Term for the retention of personal data;
- The right to request MONCHIQUE RESORT & SPA’s permission for personal data, as well as its correction, elimination or limitation, the right to oppose its processing and the right to access the data;
- If the processing of the data is based on the User’s consent, the right to withdraw it at any time, without compromising the legality of the processing carried out based on the consent previously given;
- The right to file a complaint before the CNPD (Comissão Nacional de Protecção de Dados [National Commission for Data Protection]) or other supervisory authority;
- Indication of whether the communication of personal data constitutes a legal or contractual requirement to enter into a contract and whether the holder is required to provide the personal data and the possible consequences of not providing such data;
- If applicable, the existence of automated decisions, including the definition of profiles, and information on the underlining reasoning, as well as the importance and expected consequences of such processing for the data subject;
- If the User Data is not collected directly by MONCHIQUE RESORT & SPA from the User, in addition to the aforementioned information, the User is also informed about the categories of personal data being processed, as well as the origin of the data and, whether they are from public accessible sources;
- In the event of MONCHIQUE RESORT & SPA intends to proceed with further processing of the User Data for a purpose other than that for which the data was collected, before this processing, MONCHIQUE RESORT & SPA shall provide the User with information about that purpose and any other information of interest, under the terms hereby referred.
- Procedures and measures implemented to fulfil the right to information
The information referred to in paragraph in C.1.1. is provided in writing (including electronic means) by MONCHIQUE RESORT & SPA to the User prior to the processing of the personal data in question. In accordance with applicable law, MONCHIQUE RESORT & SPA is under no obligation to provide the User with the information mentioned in paragraph C.1.1. when and to the extent that the User already has knowledge of them.
This information is provided by MONCHIQUE RESORT & SPA at no cost.
- RIGHT OF ACCESS
MONCHIQUE RESORT & SPA guarantees the means that allow the user to consult his or her Personal Data.
The User has the right to obtain confirmation from MONCHIQUE RESORT & SPA that personal data concerning him or her are processed and, if applicable, the right to access his/her personal data and the following information:
- The purposes of data processing;
- The categories of personal data in question;
- The addressees or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients based in other countries or belonging to international organizations;
- The term for the retention of personal data;
- The right to ask MONCHIQUE RESORT & SPA to correct, eliminate or limit the processing of personal data, or the right to prevent such processing;
- The right to file a complaint with the CNPD or other supervisory authority;
- If the data has not been collected from the User, the available information on the origin of such data;
- The existence of automated decisions, including the definition of profiles, and information on the underlying reasoning, as well as the importance and expected consequences of such processing for the data subject;
- The right to be informed about the appropriate safeguards associated with the transfer of data to third countries or international organizations.
Upon request, MONCHIQUE RESORT & SPA will provide the User, free of charge, with a copy of the User Data that is being processed. The providing of other copies requested by the User may entail administrative costs.
- RIGHT TO RECTIFICATION
The User has the right to request, at any time, rectification of his or her Personal Data, as well as the right to have incomplete personal data completed, including by means of an additional declaration.
In the event of rectification, MONCHIQUE RESORT & SPA shall inform each recipient/entity to whom the data has been transmitted of that rectification, unless such communication proves impossible or involves a disproportionate effort on behalf of MONCHIQUE RESORT & SPA.
- RIGHT TO ERASURE (“RIGHT TO BE FORGOTTEN”)
You have the right to request and obtain, from MONCHIQUE RESORT & SPA, the deletion of your data when one of the following reasons apply:
- The User Data is no longer required for the purpose for which it was collected or processed;
- The User withdraws the consent on which the data processing is based and there is no other legal basis for such processing;
- The User opposes the treatment under the right to object and there are no prevailing legitimate interests justifying the processing;
- If User Data is processed illegally;
- If User Data must be deleted in order to comply with a legal obligation to which MONCHIQUE RESORT & SPA is subject;
Under the applicable legal terms, MONCHIQUE RESORT & SPA is under no obligation to delete User Data to the extent that the processing proves necessary to fulfil a legal obligation to which MONCHIQUE RESORT & SPA is subject or for the purposes of declaring, exercising or defending MONCHIQUE RESORT & SPA’s rights in judicial proceedings.
If data is deleted or erased, MONCHIQUE RESORT & SPA shall inform each recipient/entity to whom the data has been transmitted of the deletion, unless such communication proves impossible or involves a disproportionate effort on behalf of MONCHIQUE RESORT & SPA.
Where MONCHIQUE RESORT & SPA has made the personal data public and is obliged to delete it under the right to erasure, we undertake, taking account of available technology and the cost of implementation, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure of any links to, or copy or replication of, those personal data.
- RIGHT TO RESTRICTION OF PROCESSING
The User has the right to obtain, on the part of MONCHIQUE RESORT & SPA, a restriction on the processing of the User Data, if one of the following situations occurs (the restriction consists of marking the personal data retained with the aim of limiting its processing in the future):
- If the accuracy of personal data is contested, for a period that allows MONCHIQUE RESORT & SPA to verify its correctness;
- If the processing is unlawful and the User opposes the deletion of the data, requesting, instead, a restriction on its use;
- If MONCHIQUE RESORT & SPA no longer requires the User Data for processing purposes, but such data is required by the User for the purposes of declaring, exercising or defending their rights in judicial proceedings;
- In the event of the User objecting to the processing, until it is verified that MONCHIQUE RESORT & SPA’s legitimate reasons prevail over those of the User.
When User Data is subject to restrictions, they may only be processed, with the exception of storage, with the consent of the User or for the purpose of declaring, exercising or defending a right in judicial proceedings, defending the rights of another natural or legal person, or for public interest reasons provided by law.
MONCHIQUE RESORT & SPA shall inform the User who has obtained a restriction on the processing of their data before that restriction is lifted.
In the event of restriction of processing of data, MONCHIQUE RESORT & SPA shall inform each recipient/entity to whom the data has been transmitted of the restriction, unless such communication proves impossible or involves a disproportionate effort on behalf of MONCHIQUE RESORT & SPA.
- RIGHT TO DATA PORTABILITY
The User has the right to receive the personal data concerning him or her, which he or she has provided to MONCHIQUE RESORT & SPA, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller if:
- The processing is based on consent or a contract to which the User is a party;
- The processing is carried out by automated means.
The right of portability does not include inferred or derived data, i.e. personal data that are generated by MONCHIQUE RESORT & SPA because of, or resulting from, analysis of the data being processed.
Users are entitled to have their personal data transmitted directly between the data controllers, whenever this is technically possible.
- RIGHT TO OBJECT THE PROCESSING
Users have the right at any time, for reasons relating to their particular situation, to object to the processing of personal data concerning them in the exercising of legitimate interests pursued by MONCHIQUE RESORT & SPA or when the processing 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.
MONCHIQUE RESORT & SPA shall terminate the processing of User Data unless it can demonstrate urgent and legitimate reasons for such processing that prevail over the User’s interests, rights and freedoms, or for the purposes of declaring, exercising or defending MONCHIQUE RESORT & SPA’s rights in legal proceedings.
When User Data is processed for the purpose of direct sales (marketing), Users have the right to oppose at any time the processing of the data that concern them for the purposes of said marketing, which includes the definition of profiles insofar as it relates to direct marketing. If Users object to the processing of their data for the purposes of direct marketing, MONCHIQUE RESORT & SPA must cease the 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 the definition of profiles, that has an effect in the legal sphere or has a significant similar effect, unless the decision:
- Is necessary for the signing or implementation of a contract between the User and MONCHIQUE RESORT & SPA;
- Is authorized by legislation to which MONCHIQUE RESORT & SPA is subject;
- Is based on the explicit consent of the User.
- PROCEDURES FOR THE EXERCISING OF RIGHTS BY THE USER
You can exercise the right to access, rectification or erasure of personal data or restriction of processing concerning your data and to object to processing as well as the right to data portability by contacting the MONCHIQUE RESORT & SPA to our e-mail email@example.com
MONCHIQUE RESORT & SPA will respond in writing (including by electronic means) to the User’s request within a maximum period of one month from the receipt of the request, except in particularly complex cases, for which this period may be extended up to two months.
If the requests submitted by the User are manifestly unjustified or excessive, especially due to their repetitive nature, MONCHIQUE RESORT & SPA reserves the right to charge administrative costs or refuse to comply with the request.
- PERSONAL DATA BREACH
In the case of a personal data breach, MONCHIQUE RESORT & SPA shall, without undue delay and, where feasible, not later than 72 hours after having become aware of it inform the User of that breach.
We are not obliged to do that if:
- If MONCHIQUE RESORT & has implemented appropriate technical and organizational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorized to access it, such as encryption;
- If MONCHIQUE RESORT & SPA has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialize; or
- If communication to the User would involve a disproportionate effort on behalf of MONCHIQUE RESORT & SPA. In this case, MONCHIQUE RESORT & SPA will release a public communication or take a similar action by which the User will be informed.
- FINAL PART
- APPLICABLE LAW AND LEGAL JURISDICTION