PRIVACY POLICY

A. GENERAL PART

1.1. COLLECTION AND PROCESSING OF USER DATA

Within the scope of the availability of the Site hosted in www.pestanavacationclub.com (hereafter referred to as “Site”), the provision of Services to its users (“User”), M&J PESTANA – SOCIEDADE DE TURISMO DA MADEIRA, S.A., with its registered head offices at Largo António Nobre, no. 1, 9004 - 531 Funchal and with the corporate taxpayer number 511008872 (hereinafter referred to as "M&J Pestana"), as personal data controller, provides through this Privacy Policy the information on how it processes the personal data.

In this website, the User may provide personal data which means any information relating to you that allows directly or indirectly your identification, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or to one or more factor specific of his/ her identification.

As a rule, Personal Data is requested when the User registers on the Site, requests a contact and / or subscribes to a particular Service or makes a request for information.

M&J Pestana may 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.

Usability Information and Personal Data are designated in this Privacy Policy by "User Data".

1.2. THE RECIPIENTS OF THE PERSONAL DATA

The User Data collected by M&J Pestana is not shared with third parties without the User’s consent, except in the situations mentioned in the following paragraph. However, in the event of the User contracting services with M&J Pestana that are provided by other entities responsible for the processing of personal data, User Data may be transmitted or accessed by such entities, to the extent that it is necessary for the provision of such data services.

M&J Pestana may transmit or communicate the User Data to other entities in the event of such transmission or communication being necessary for the implementation of the contract established between the User and M&J Pestana or for pre-contractual procedures at the request of the User, if necessary for the fulfilment of a legal obligation to which M&J Pestana is subject or, if it is necessary, to obtain them in the legitimate interests of M&J Pestana or of a third party. In the event of the transmission of User Data to third parties, reasonable efforts

will be made to ensure that the transmitting entity employs the User Data transmitted in a manner appropriate to this Privacy Policy.

I) Data Processors

As part of the processing of User Data, M&J Pestana uses or may use processors whose on its behalf, and in accordance with its instructions processes the User’s Data, in accordance with the law and this Privacy Policy.

These processors may not transmit the User Data to other entities without the prior written authorization.

M&J Pestana undertakes to only subcontract the processors that have implemented the appropriate technical and organizational measures, to guarantee the defense of the User’s rights. All entities sub-contracted by M&J Pestana shall be bound by M&J Pestana by means of a written agreement which 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 and other obligations provided by the article 28 of GDPR.

II) Third Parties:

M&J Pestana can further communicate to other third parties not qualified as processors pursuant to the article 4 (8) of the GDPR. These entities are subject have ensured that they process personal data in accordance with the provisions of the GDPR.

1.3. DATA COLLECTION CHANNELS

M&J Pestana may collect data directly (I.e., directly from the user) or indirectly (ie, through partner organizations or others). The collection may be done through the following channels:

  • Direct collection: in person, by phone, by e- mail and through the Site;
  • Indirect collection: through partners or group companies and official entities.

2. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA

In terms of general principles concerning the processing of personal data, M&J Pestana undertakes to ensure that the User Data processed by you are:

  • Object of a lawful, fair and transparent processing with respect to the User;
  • Collected for specified, explicit and legitimate purposes and not subsequently treated in a manner incompatible with those purposes;
  • Appropriate, relevant and limited to what is necessary in relation to the purposes for which these data are processed;
  • Accurate and updated whenever necessary, with all appropriate measures being taken to ensure that inaccurate data, taking into account the purposes for which they are processed, are erased or rectified without delay;
  • Kept in a manner that allows the identification of the User only for the period necessary for the purposes for which the data are processed;
  • Handled in a manner that ensures data security, including protection against their unauthorized or unlawful processing and against their accidental loss, destruction or damage, with appropriate technical or organizational measures being taken.

Data processing carried out by M&J Pestana is legal when at least one of the following situations occurs:

  • The User has given your explicit consent to the processing of User Data for one or more specific purposes;
  • The processing is necessary for the execution 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 fulfillment of a legal obligation to which M&J Pestana is subject;
  • The processing is necessary for the defense of vital interests of the User or another natural person;
  • The processing is necessary for the legitimate interests pursued by M&J Pestana or by third parties (except if the interests or fundamental rights and freedoms of the User that require the protection of the personal data prevail).

M&J 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 M&J 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 M&J Pestana based on the consent previously given by the User.

The length of time during which the data is 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, M&J Pestana uses the User Data for the following purposes:

  • To manage contacts with the User;
  • To provide 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 Hotel Group business operation and, generally for the purpose of marketing of Pestana Hotel Group and 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;
  • To record telephone calls that may be made within the scope of the contractual relationship, both during the formation of the contract and during its validity.

The User Data collected by M&J 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 M&J 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.

As required by law, M&J Pestana may share or communicate User Data to other entities where that transmission or communication is necessary for the contract established between the User and M&J Pestana, or pre-contractual steps at the request of the user, if necessary to comply with a legal obligation to which the M&J Pestana is subject or if it is necessary to pursue legitimate interests of M&J Pestana or a third party. Whenever a User Data transmission to third parties occurs, M&J Pestana will make the reasonable efforts so that the transferee uses the User Data transmitted in a manner consistent with our Privacy policy.

4. IMPLEMENTED TECHNICAL, ORGANIZATIONAL AND SECURITY MEASURES

In order to ensure the security of User Data and maximum confidentiality, M&J 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, M&J 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.

M&J 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, M&J Pestana adopts the following:

  • Regular audits to assess the effectiveness of the technical and organizational measures implemented;
  • Sensitization and training of personnel involved in data processing operations;
  • Pseudonymization and encryption 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.

5. TRANSFER OF DATA OUT OF THE EUROPEAN UNION

The personal data are collected and used by M&J 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, M&J 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.

6. USE OF COOKIES

When you visit our Site, a small text file (Cookie) is created and saved to your computer’s disk. This file, when recognized, will allow you greater ease and speed in access, as well as the customization of the Site according to your preferences.

Commonly, cookies are divided between common categories such as:

  • Strictly necessary cookies - these are cookies of a technical nature, used to ensure the proper navigation of the website and the proper functioning of all its applications. Also included here are cookies that enable the proper functioning of e-commerce features, as this is an essential component of the service provided. For these cookies consent is not collected, as the Website needs these cookies to provide you with the information society service.
  • Preference cookies - used to store information about users, preventing them from having to type this information again. They are used in contact forms and in the process of opening an online account or registration and can be deleted by users at any time. They allow the Site to be customized to users' needs, namely by memorizing the language of origin.
  • Analytical cookies - these are used to analyze how users browse our site and identify browsing trends for statistical purposes and improvement actions. These cookies may also help to build individual and collective consumer profiles.
  • Advertising cookies - enable the Website to know the user's browsing habits and show advertising related to their profile, i.e. they allow the Website to manage its advertising effectively, adapting the content to the user. In this context, the Website also uses third-party Cookies for the purpose of advertising the Website's products and services.

As to duration, cookies can be classified as:

  • Session cookies: until the browser closes or the session ends;
  • Persistent cookies: stored for longer periods, requiring action by the user in order to delete these cookies.

This Site only installs the strictly necessary cookies to provide its online information society service, meaning, none of the cookies installed are of analytical, preferences or advertising nature. Since these cookies are categorized as strictly necessary, the owner of the Site is not required by law to request consent to its users. However, it still must inform users on which cookies is installing.

Please see below which cookies are being installed and their respective domain and duration:

Cookie Domain Category Duration
gprd_cookie pestanavacationclub.com Strictly necessary 1 Year

The installation of these cookies is carried out on the basis of the legitimate interest of M&J Pestana, to the extent that without such installation the availability of the Site could be compromised, affecting its performance.

If you wish to delete or automatically set the blocking of cookies that are strictly necessary for the operation of the Website, you can do so in the "Ajuda/Help" menu of your browser. However, if you do not allow the use of these Cookies, you will increase the vulnerability of your equipment to intrusions and security breaches and you may not be able to activate some features provided by the Website.

7. EXTERNAL LINKS MADE AVAILABLE ON THE WEBSITE (SOCIAL NETWORKS)

7.1. Facebook and Instagram

On the Site there is interactivity with Facebook and Instagram, through a connection to the servers of these social networks, this will allow to identify the website that the user is visiting and possibly store other data, such as the IP address.

If you have your Facebook and / or Instagram session started, the data will be associated with your accounts. For this to happen, the User must end their sessions on Facebook and Instagram before visiting the page.

We further inform you that the processing of personal data carried out by these social networks is entirely at your own risk, and M&J Pestana cannot be held liable for the processing of data carried out therein.

The information regarding the processing of data made by these social networks is available at their respective Privacy Policies, which may be consulted on the respective websites or applications.

B. USER RIGHTS (DATA SUBJECT)

8. RIGHT TO INFORMATION

8.1. Information provided to the User by M&J Pestana (when data are collected directly from the User)
  • The identity and contacts of M&J Pestana responsible for the processing and, if applicable, of its representative;
  • The contacts of the Data Protection Officer;
  • The purposes for which the personal data are processed and, where applicable, the legal basis for processing;
  • If the processing of the data is based on the legitimate interests of M&J Pestana or a third party, indicating such interests;
  • If applicable, recipients or categories of recipients of personal data;
  • If applicable, indication that personal data will be transferred to a third country or an international organization, and whether or not a decision on adequacy has been adopted by the Commission or reference to appropriate or appropriate transfer guarantees;
  • Deadline for the retention of personal data;
  • The right to request M&J Pestana access to personal data and their 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 consent at any time, without compromising the lawfulness of the processing carried out based on the consent previously given;
  • The right to file a complaint with the CNPD or other supervisory authority;
  • Indication of whether or not the communication of personal data constitutes a legal or contractual obligation or a requirement to conclude a contract and whether the subject 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 concerning the basic concept, as well as the importance and expected consequences of such processing for the data subject.
  • If the User Data is not collected directly by M&J Pestana, in addition to the above mentioned information, the user is additionally informed of the categories of personal data that are being processed and also the data source and, eventually, if it originates from public sources.
  • If M&J Pestana intends to proceed with further processing of User Data for a purpose other than that for which the data were collected prior to such processing M&J Pestana will provide the User with information on this purpose and any other pertinent information, in the terms referred to above.
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 M&J 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

M&J Pestana provides the means to access, the user, to your Personal Data.

The User has the right to obtain from M&J 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:

  • 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 established in third countries or belonging to international organizations;
  • The term of retention of personal data;
  • Right to request from M&J Pestana the rectification, deletion or limitation of the processing of personal data, or the right to object to such processing;
  • 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 logic, as well as the importance and expected consequences of such processing for the data subject;
  • Right to be informed about the appropriate safeguards associated with the transfer of data to third countries or international organizations.

Upon request, M&J 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, M&J 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 M&J Pestana.

11. RIGHT TO ERASURE OF PERSONAL DATA ("RIGHT TO BE FORGOTTEN")

The User has the right to obtain, by M&J Pestana, erase your data when one of the following reasons applies:

  • 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 processing under the right of opposition and there are no prevailing legitimate interests justifying the processing;
  • In case the User Data is unlawfully processed;
  • If User Data is to be deleted in order to comply with a legal obligation to which M&J Pestana is subject.

Pursuant to applicable law, M&J Pestana has no obligation to delete the User Data to the extent that the processing proves necessary to fulfill a legal obligation to which the M&J Pestana is subject or for the purpose of establishment, exercise or defense of a right of M&J Pestana in judicial proceedings.

In case of deletion of data, M&J 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 M&J Pestana.

When M&J Pestana has made the User Data public and is obliged to delete it under the erasure right, M&J 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 M&J 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):

  • If you dispute the accuracy of the personal data, over a period to enable M&J Pestana to verify its accuracy;
  • If the processing is unlawful and the User opposes the erasure of the data, requesting, on the other hand, the limitation of its use;
  • If M&J Pestana no longer require User Data for processing purposes, but such data is required by the User for the purposes of declaration, exercise or defense of a right in a legal proceeding;
  • If the user has opposed the processing until it is found that the legitimate reasons of M&J Pestana prevail over those of the User.

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 M&J Pestana before the processing restriction is overridden.

In the event of data processing being limited, M&J 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 M&J 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 M&J Pestana in a structured, current, automatic reading format and the right to transmit such data to another controller, if:

  • The processing is based on the consent or a contract to which the User is a party; and
  • The processing is performed by automated means.

The right of portability does not include inferred data or data derived, ie, personal data that is generated by M&J 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 M&J 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.

M&J 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 defense of a right of M&J 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, M&J 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:

  • It is necessary for the execution or execution of a contract between the User and M&J Pestana;
  • Is authorized by legislation to which M&J Pestana is subject; or
  • It is based on the explicit consent of the User.

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:

https://pestanahotelgroup.atlassian.net/servicedesk/customer/portal/5

M&J 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 may be 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, M&J Pestana reserves the right to charge administrative costs or refuse to comply with the request.

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16. PERSONAL DATA BREACHES

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, M&J Pestana undertakes to communicate the violation of personal data to the User in question within 72 hours of the knowledge of the incident.

In legal terms, communication to the User is not required in the following cases:

  • If M&J Pestana has implemented appropriate technical and organizational protection measures and these measures have been applied to personal data affected by the breach of personal data, in particular measures that make personal data incomprehensible to anyone not authorized to access such data, such as encryption;
  • If M&J Pestana has taken subsequent action to ensure that the high risk to the rights and freedoms of the User is no longer likely to materialize; or
  • If communication to the User implies a disproportionate effort for M&J Pestana. In this case, M&J Pestana will make a public communication or take a similar action through which the User will be informed.

C. FINAL PART

17. AMENDMENTS TO THE PRIVACY POLICY

M&J Pestana reserves the right to make changes to this Privacy Policy at any time. We advise you to read this document regularly.

18. RIGHT TO COMPLAIN BEFORE THE SUPERVISORY AUTHORITY

Please note that you have also the right to lodge a complaint before the competent supervisory authority — National Data Protection Committee, with its head office at Av. D. Carlos I, 134 - 1.º 1200-651 Lisbon, with the following phone number (+351) 213928400 and the following e-mail: Tämä sähköpostiosoite on suojattu spamboteilta. Tarvitset JavaScript-tuen nähdäksesi sen..