Privacy Policy

This Privacy Policy describes the guidelines and principles adopted by RAMAL DO CALHAU - ACTIVIDADES AGRÍCOLAS E TURÍSTICAS LDA (hereinafter "RC") to ensure the protection of personal data owners, establishing guidelines regarding the rights of owners and treatment and free circulation of personal data.

In the course of its activity, the RC collects and processes personal data of various owners, including persons who hire (or are interested in hiring) accommodation, catering and beverages, events, congresses (jointly designated for the purposes of this policy, by "data owners").

 

1. Identification of the person in charge of the treatment

EVO RAMAL DO CALHAU - ACTIVIDADES AGRÍCOLAS E TURÍSTICAS LDA, a company limited by shares, with its headquarters in Vinhas do Calhau, Porto do Calhau, nº42, Candelária 9950-101 Pico - Azores, with the registration number and legal person number 513 723 862, is considered as "Responsible for the Treatment", that is, the person who determines the purposes and means of processing the personal data of the data owners.

2. Personal Data Categories

The RC may process personal data in the following categories:

  •  Identification data such as gender, occupation, name, age or date of birth, citizen's card number, VAT number, photograph, foreign VAT number if applicable, passport number and validity;

  •  Contact information, such as address, email address, telephone and mobile phone contacts, among others;

  •  Bank account identification data, such as bank account data, including IBAN, among others.

3. Origin of personal data

The personal data that the RC handles are mostly data provided by the data owners at the first contact and while the data owners have a business relationship with RC.

RC collects personal data at various times and through various communication channels, including telephone, e-mail, web page forms, paper forms and postal mail.

4. Purposes of the Treatment of Personal Data, Legal Basis for Treatment and Conservation Periods

The RC addresses the personal data of the data owners for various reasons, justified by the data protection laws applicable in the European Union and in Portugal.

The RC addresses the personal data of the data owners for the following purposes and based on the following legal bases:

  • Right of Access

Data owners may at any time contact the RC and request confirmation that their personal data are being processed and, if so, be informed of: (i) the categories of personal data in question; (ii) the purposes of processing your data; (iii) the respective storage period or criteria used to set it; (iv) their rights and the manner in which they are exercised; (v) the origin of the data relating to they; (vi) the existence of automated decisions, including the definition of profiles.

The RC may only provide the information of the data owners and not personal data about other persons. In addition, if access may adversely affect the rights of another person, it may not be possible for RC to provide them.

If the data holder so requests, the RC will send a copy of their personal data in the treatment phase, in electronic form. If other copies are requested, RC reserves the right to demand the payment of a fee equivalent to the administrative costs incurred to satisfy the request.

  • Right to Erase

Also known as "the right to be forgotten", it allows the data holder to request the deletion or removal of their personal data when there is no compelling reason for the RC to continue to use them. The right to erase is not absolute because the RC may have the right or the obligation to withhold information, as for example when it is subject to a legal obligation or has other valid reason to retain it.

  • Right of Rectification

Whenever they find that the personal data being processed are out of date, incomplete or incorrect, the data owners may request the RC to be corrected as soon as possible.

  •  Right of Portability

The data owners also have the rights to: (i) receive from the RC the personal data that concern them, in a format commonly used and automatically read; (ii) to transmit such data to third parties unrelated to RC, under its sole responsibility; and / or (iii) request RC to transmit such data to third parties. The right to portability covers only the data for which the holder gave consent to be processed, data relating to a contract in which the holder is a party or if the treatment is performed by automated means.

The RC reserves the right to refuse requests for portability whenever they impair the rights and freedoms of third parties, or conflict with any legal requirement.

Data Categories

Purposes

Legal basis

Identification info

 

  • Fulfillment of contracts concluded between the RC and the customers, namely the accommodation agreement. provision of loyalty cards and provision of room rental services.

  •  Execution of a contract in which the data holder is party, or for pre-contractual procedures at the request of the data holder;

  • Compliance with legal obligations to which RC is subject.

 

The personal data of the data owners is kept for the duration of the contractual relationship established with the RC and up to 10 (ten) years from the end of that relationship, and in some situations the storage period may be longer, in which case these situations will be legally justified and sustained. This deadline has been defined taking into account the laws applicable to personal data and civil and commercial contracting and in the event that the RC has the need to present evidence in any litigation or potential litigation with the data owners.

In the case of the processing of personal data for the purposes of marketing and commercial communication, this processing of data will be carried out only with the consent of the data owner, provided at the moment of the collection of the personal data. If you agree, the data subject may receive marketing communications via e-mail, postal mail, telephone contact and SMS.

Consent for the processing of personal data for marketing and commercial communication purposes may be withdrawn at any time, although this right to withdraw consent does not compromise the lawfulness of the processing carried out on the basis of the prior consent given or the subsequent processing of the same data, based on another legal basis, such as execution of a contract in which the data holder is a party, or for pre-contractual procedures at the request of the data subject and compliance with legal obligations to which the RC is subject.nIf you wish to withdraw your consent, the data subject can contact us for the contacts indicated in this Policy.

5. Automatic Decisions ("Profiling")

The RC does not rely on technologies to make decisions solely on the basis of automated processing of data from data owners.

  •  Right to limit treatment

In certain situations, the data owner has the right to "block" or to suppress the continued use of the data. When treatment is limited, RC may still retain the information of data owners, but can not continue to use it.

The data owner may request limitation of the treatment of his data for an indefinite time, when he wishes to suspend treatment, but keep his data. This may occur when:

1. The data owner contests the accuracy of the data, the treatment being limited for a period of time that allows the RC to verify the accuracy of the data, or

2. The data owner is awaiting response to a request to oppose the processing.

When a treatment is limited, personal data will only be processed again if the data owner gives their consent, except for specific treatments contemplated by law. The RC guarantees that the holder of the data that requested the limitation of his data is informed before the limitation to said treatment is annulled. The RC reserves the right to limit the processing of data of the holders when it does not need it, committing itself to keep the data for the period of retention. The RC guarantees that the holder of the data that has requested the limitation of its data is informed before its annulment.

  •  Right to Opposition

The RC shall ensure the necessary means for the data owner to be able to object to certain processing of personal data for certain purposes, without prejudice to directives or laws in force.

The data owner may oppose treatment in the following circumstances:

1. For reasons relating to your particular situation, at any time, opposing the processing of any personal data relating to you based on legitimate interests. However, the RC may continue to treat the data owner's data if it can demonstrate legitimate compelling reasons for the processing of personal data that overlaps the data owner's interests, rights and freedoms or if he or she needs the personal data to establish, exercise or defend themselves in legal proceedings;

2. You may object at any time to the use of your personal data for the purposes of direct marketing (including creating profiles related to such direct marketing) via e-mail info@vinhasdocalhau.eu.

  •  Right of Complaint

Although the RC adopts the best practices in the protection of personal data, the data owners have the right to submit a complaint to the National Data Protection Commission

  • 6. Categories of Recipients of Personal Data

The RC may share the personal data of the data owners with entities providing services to the RC and that in the scope of the provision of such services may process the personal data on behalf of and on instructions from the RC. The RC may also share your personal data with public authorities in fulfillment of legal obligations.

In the transmission of personal data to its service providers, RC guarantees that the subcontracting entity is bound by a subcontracting agreement that obliges it to process personal data in compliance with the legislation on the protection of personal data.

The RC may also share the personal data of the data owners with third parties (i) by virtue of a requirement or judicial notification for this purpose, provided that it is duly substantiated and legally supported; (ii) in the event of a request by a public authority, provided that i tis duly substantiated and legally sustained; (iii) following the express request of the data owners for the data they hold, in particular, the right to portability in the exercise of their rights.

  • 7. Transfer of Personal Data to Other Countries

The RC does not currently transfer the personal data of data owners to entities based outside Portugal.

  • 8. Rights of Owners of Personal Data

As an expression of the commitment to ensure the privacy of data owners, the RC will ensure, in accordance with applicable national and Community legislation, a broad set of rights that can be exercised in the following terms:

(https://www.cnpd.pt) regarding data processing carried out by the RC, through any of the channels allowed by said Control Authority.

The rights foreseen and described in this Policy, as well as other rights legally established in the relevant legislation in force, can be freely exercised by contacting the RC via e-mail info@vinhasdocalhau.eu.

9. Contact us!

For any questions regarding the processing of your data, please contact us to info@vinhasdocalhau.eu. Please also contact us without hesitation if you are dissatisfied

with any aspect of how we collect, share or use your personal data.

10. Changes to the Privacy Policy

The RC may change or update this Privacy Policy in accordance with new legal or regulatory requirements, as well as improvements in the quality of its services and development of our commitment to the protection of personal data. Any changes to this Privacy Policy will be duly publicized in the various RC communication channels.

© 2018 Vinhas do Calhau

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