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Privacy policy

PRIVACY POLICY

A. GENERAL PART

1.1.COLLECTION AND PROCESSING OF USER DATA

Within the scope of the availabilityof the Site hosted atwww.pestanagolf.com (hereafter referred to as "Site”), the conclusion of any contracts, the provision of information, contents including tournament registrations, booking golf courses, requesting membership information, information on real estate and holiday accommodation (collectively the "Services”) to its users ("User”),Carvoeiro Golfe S.A., with its registered head office at Aldeamento Turístico do Gramacho, Lote 4, Escritórios - Apartado 1011, 8400 - 080 ESTOMBAR, with the corporate taxpayer number 501276084, (hereinafter referred to as "Pestana") may request the user to make available personal data, information provided by the user that allow Pestana to identify and / or contact you ("Personal Information").

As a rule, Personal Data is requested when the User registers on the Site, requests a contact and / or sending ofnewsletters, subscribes to a particularService(e.g., reservation of Golf courses, registration for Golf tournaments, requests for information to become a member and obtain privileges and requests for marking Golf lessons), acquires a productor establishes a contractual relationship withPestana.

When collecting Personal Data, Pestanaprovides the User with detailed information about the nature of the data collected and about the purpose and processing that will be performed with respect to the Personal Data, as well as the information mentioned in clause 8.

Pestana also collects and processes information about the characteristics of user’s hardware and software, as well as information about the pages visited by theUser within the Site.This information may include: your browser type, domain name, access times and links through whichthe 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.DATA PROCESSORS

As part of the processing of User Data,Pestana recourse to or may have recourse to thirdparties, subcontractedby itself, for, on behalf ofPestana, and in accordance with the instructions given by it, proceed with the processing of the User Data, in strict compliance with the provisions of the law and this Privacy Policy.

These processorsmay not transmitUser Datato other entities without Pestanapreviously and written authorization to doso, while also being prevented from contracting others without permission ofPestana.

Pestanais committed to subcontract to entities that provide sufficient guarantees for the implementation ofthetechnical and organizational measures in order to ensure the protection of user’s rights.All data processorsshall be bound by means of a written agreement, whichcovers, in particular the object and duration of the processing, the nature and purpose of the processing, the type of personal data, the categories of data subjects and the rights and obligations of the parties.

Whencollecting personal data,Pestana provides the User with information on the categories of data processors that, in this case, may processdata on behalfofPestana.

1.3.DATA COLLECTION CHANNELS

Pestana maycollect data directly (ie, 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 companiesand official entities.

2. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA

In terms of general principles concerning theprocessing of personal data,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 updatedwhenever 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 byPestana 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 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 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).

 

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 Datais performedbyPestana 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 madebyPestana based on the consent previously given by the User.

The length of time during which the data is stored and stored varies according to the purpose for which the information is being processed.

Effectively, there are legal requirements that require the data to be preserved for a minimum period.Thus, and where there is no specific legal requirement, the data will be stored and kept only for the minimum period necessary for the purposes that led to their collection or subsequent processing, which at the end of period they will be eliminated.

3. USING AND USER DATA PROCESSING PURPOSES

In general terms, Pestanauses the User Data for the following purposes:

·Provision of hotel services and associated services (e.g., hotelbooking);

·Offers and benefits for Golf members;

·Golf Lessons Booking;

·Tee Time booking at Pestana golf courses;

·Requests for information on real estate sales (Real Estate);

·Registration in golf tournaments at Pestana golf courses;

·Management of contacts with the User;

·Invoicing;

·User Registration on the Site;

·Providing information to User, who has requested it, new products and services that have been available on the Site and / or at the hotel units, offers and special campaigns, updated information on Pestana’s business operation and, generally for the purpose of marketing of Pestanaand its hotels, by any means of communication including electronic format;

·To allow access to restricted areas of the Site, in accordance with previously established terms;

·Ensure that the Site meets User's needs by developing and publishing content that is best adapted to the requests and type of User, improving the search capabilities and functionalities of the Siteand obtaining aggregate or statistical information regarding to the user's profile (analysis of consumption profiles);

  • Provision of Services, and other services, such as newsletters, opinion surveys, or other information or products requested or purchased by you;
  • Recording of telephone calls that may be made within the scope of the contractual relationship, both during the formation of the contract and during its validity;
  • Pestanamay combine Usability information with anonymous demographic information for research purposes, and we can use the result of this research to provide relevant content on the Site. In certain restricted areas of the Site, Pestanamay combine Personal Data with Usability information to provide the User a more personalized content.

TheUser Data collected by Pestanawill 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 throughPestanaservices 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,Pestanamay share or communicate User Data to other entities where that transmission or communication is necessary for the contractestablished between the User andPestana, or pre-contractual steps at the request of the user, if necessary tocomply with a legal obligation to whichthePestanais subject or if it is necessary to pursue legitimate interestsof Pestanaor a third party.Whenever a User Data transmission to third parties occurs, Pestanawill make the reasonable efforts so that the transferee uses the User Data transmitted in a manner consistent withourPrivacy policy.

4. IMPLEMENTED TECHNICAL, ORGANIZATIONAL AND SECURITY MEASURES

In order to ensure the security of User Data and maximum confidentiality, Pestana treats the information you have provided to us in an absolute confidential manner, in accordance with our internal security and confidentiality policies and procedures, which are updated periodically as required, as well as accordance with the terms andconditions 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,Pestanaundertakes 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.

Pestanaalso undertakes to ensure that, by default, only data that arenecessary for each specific purposeare processed and that such data are not made available without human intervention to an indeterminate number of persons.

In terms of general measures,Pestanaadopts 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;

Pseudonymizationand encryption of personal data;

Mechanisms capable of ensuring the permanent confidentiality, availability and resilienceof 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

Thepersonal data are collectedand usedby Pestanaare not made available to third parties establishedoutside the European Union.If, in the future, this transfer happen for the reasons mentioned above,Pestanais 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 recorded on your computer disc, so when you visit the Site via a browser you are accepting the creation of this text file in your device. This file will provide you with a greater speed and an easier access to the site, as well as its customization in accordance with your preferences.

You can delete or block them in the "Help" menu on your browser, where you will find how to do it.

7. WHICH TOOLS ARE USED FOR ANALYTICS AND USER BEHAVIOR?

Google Analytics

In this Site is used Google Analytics, a web analysis service provided by Google Inc., (hereinafter "Google”).

The cookies are being recorded in order to provide information on the Site’s use. This data, including the user’s IP address, is transmitted to Google servers, but the data collected by Google Analytics is not related to any other data held by Google.

You may also deactivate the tool by downloading and installing a browser add-on available from Google: https://tools.google.com/dlpage/gaoptout?hl=en

Facebook and Instagram

In the Site there is an interactivity with Facebook and Instagram through a connection with this social networks’ servers is established. This allows the social networks to identify the Site that the user is visiting, and potentially store other data such as the IP address.

If the user is also connected in these social networks, may also be associated the data with the user’s account. If the user wants to prevent this, should done log out from Facebook and/ or Instagram before visiting the webpage.

You can find more information about how Facebook and Instagram process data on their sites: https://www.facebook.com/about/privacy/ and https://help.instagram.com/519522125107875.

Twitter

The Site has an interactivity with Twitter Inc.(hereinafter "Twitter”). When you access a webpage using such buttons, a connection with Twitter’s servers is established. This allows Twitter to identify the Site that the user is visiting, and potentially store other data such as the IP address.

You can find more information about how Twitter processes data on Twitter Site: https://twitter.com/privacy

B. USER RIGHTS (DATA SUBJECT)

8.RIGHT TO INFORMATION

8.1.Information provided to the User byPestana(when data arecollected directly from the User):

· The identity and contacts of Pestanaresponsible 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 interestsofPestanaor 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 requestPestanaaccess 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 logic, as well as the importance and expected consequences of such processing for the data subject.

· If the User Data is notcollected directly byPestana, 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 originatesfrom public sources.

· IfPestanaintends to proceed with further processing of User Data for a purpose other than that for which the data were collected prior tosuch processing Pestanawill 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 paragraph8.1.is provided in written form (including electronic means)byPestanato the User prior to the processing of personal data in question.Under applicable law,Pestanahas no obligation to provide to the user the information mentioned in8.1 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

Pestanaprovides the means to access, the user, to your Personal Data.

TheUser has the right to obtain fromPestanaa 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 fromPestanathe 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,Pestana will provide the User, free of charge, with a copy of the User Data that is being processed.The provision of other copies requested by the User may entail administrative costs.

10.RIGHT TO RETIFICATION OF PERSONAL DATA

The User has the right to request, at any time, the rectification of his Personal Data and also the right to have incomplete personal data completed, including by means of an additional declaration.

In case of rectification of the data,Pestana communicate to each recipient to whom the data have been transmitted to respective rectification, unless such communication proves impossible or involves a disproportionate effort forPestana.

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

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

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 whichPestana is subject.

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

In case of deletion of data,Pestana communicate to each recipient / entity to whom the data have been transmitted the respective deletion, unless such communication proves impossible or involves a disproportionate effort forPestana.

WhenPestana has made the User Data public and is obliged to delete it under the erasure right,Pestana undertakes to ensure reasonable measures, including technical ones, taking into account available technology and the costs of its application, in order to inform those responsible for the effective processing of personal data that the User has requested to erase the connections for such personal data, as well as copies or reproductions thereof.

12.RIGHT TO THE RESTRICTION OF THE PROCESSING OF PERSONAL DATA

The User has the right to obtain, onPestana, the restriction of the processing of User Data if one of the following situations accurs (the restriction is to insert a mark in the personal data preserved with thepurposeof limiting its processing in the future):

If you dispute the accuracy of the personal data, over a period to enablePestana 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;

IfPestana 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 thatthelegitimate reasons ofPestana 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 informedbyPestana before the processing restriction is overridden.

In the event of data processing being limited,Pestanashall inform to each recipient to whom the data have been transmitted to respective limitations, unless such communication proves impossible or involves a disproportionate effort for Pestana.

13.RIGHT OF PORTABILITY OF PERSONAL DATA

The User has the right to receive the personal data concerning him and which he has providedto 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 generatedby 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 pursuedbyPestana or when the processing is performed for purposes other than those for which personal data were collected, including the definition of profiles, or when personal data are processed for statistical purposes.

Pestana cease the processing of User Data unless it presents compelling legitimate grounds for such processing to prevail over the interests, rights and user freedoms, or for thepurpose of establishment, exercise or defense of a right ofPestana in judicial proceedings.

When User Data is processed for the purpose of direct marketing, the User has the right to oppose at any time the processing of the data that concern him for the purposes of said commercialization, which includes the definition of profiles in the insofar as it relates to direct marketing.If you object to the processing of your data for the purposes of direct marketing,Pestana ceases processing of the data for this purpose.

Users also have the right not to be subject to any decision made solely on the basis of automated processing, including profiling, that has legal effects or significantly affects it in a similar way, unless the decision:

· It is necessary for the execution or execution of a contract between the User andPestana;

· Is authorized by legislation to whichPestana 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.

Pestanawill respond in writing (including by electronic means) to the request of the User within a maximum of one month from the receipt of the request, except in cases of special complexity, where this period maybe extended by up to two months.

If the requests made by the User are manifestly unfounded or excessive, in particular because of their repetitive nature,Pestanareserves the right to charge administrative costs or refuse to comply with the request.

For further information regarding privacy and data protection please contact dpo@pestana.com.

16.VIOLATIONS OF PERSONAL DATA

In the event of a breach of data and to the extent that such breach is likely to pose a high risk to the rights and freedoms of the User,Pestana undertakes to communicate the violation of personal data to the User in question within72hours of theknowledge of theincident.

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

· IfPestana 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 dataincomprehensible to anyone not authorized to access such data, such as encryption;

· IfPestana 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 forPestana.In this case,Pestana will make a public communication or take a similar action through which the User will be informed.

C. FINAL PART

17.CHANGES TO PRIVACY POLICY

Pestanareserves the right to change this Privacy Policy at any time.In case of modification of the Privacy Policy, the date of the last change, available at the top of this page, is also updated.If the change is substantial, a notice will be placed on the Site.

18.APPLICABLE LAW AND JURIDICTION

The Privacy Policy, as well as the collection, processing or transmission of User Data, are governed by the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and applicable laws and regulations in Portugal.

Any litigation arising from the validity, interpretation or implementation of the Privacy Policy, or related to the collection, processing or transmission of User Data, must be submitted exclusively to the jurisdiction of the courts of the Lisbon, without prejudice to the legal rules applicable.


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