PRIVACY POLICY

This Policy (hereinafter the “Privacy and Cookies Policy”) regulates the privacy and cookies policy of the Web Platform http://www.himalaiabaqueira.com (hereinafter “the Platform”), owned by Himalaia Hotels S.L. (hereinafter “the Hotel”), with registered office at Passeig de Gracia 85 Planta 9, telephone number +34 973267706, fax number +34 973267706 and e-mail address admin@himalaiabaqueira.es. The company PV-CP Distribution, as S.E.T. Pierre Vacances España, S.L. with Tax Identification Number: B-84078419 is registered in the Mercantile Registry n° 314 283 326.

1. HOW DO WE USE DATA?

The personal data you provide through the Platform will be processed for the purpose particularly stipulated in this privacy policy and, as the case may be, in the different data forms provided on the Platform. In this regard, the collection of data is carried out for the following processing purposes:

(i) To permit browsing on the Platform, thus allowing access to the information and contents provided on it, including information on promotional or advertising campaigns aimed at contract products and services, either of the Hotel or third parties with which the Hotel is associated. Such access is understood to be notwithstanding the consideration required for the specific contents, services and products offered through the Platform and which you may contract if you wish. In this regard, for further information we recommend reading our cookies policy.

(ii) To contact the sender of the information, respond to any requests or queries deriving from the use of the different forms on the Platform and carry out the subsequent follow-up.

(iii) To provide, as the case may be, the service contracted by you and manage the billing and collection of payment for the pertinent services or products.

(iv) To manage and control the customer portfolio.

(v) To manage, as the case may be, the possible process to register you as a user of the Platform.

(vi) To manage your possible participation in any games, promotions, discounts, draws and courses that may be available on the Platform.

(vii) If you have given your express consent, to create a user profile in order to offer you personalized content.

(viii) To take as many protection measures as may be applicable under ruling legislation, including the possible anonymization of your personal data, applying adequate available techniques for that purpose. Consequently, anonymization and pseudonymization processing may also be carried out for better protection of your personal data.

(ix) To apply the pertinent technical and or/organizational security measures to users’ personal data as may be appropriate in light of the risks detected in relation to their rights by the Hotel from time to time, including the encryption of personal data and other measures that may involve certain processing of the data of Platform users.

In the event that you do not agree with these purposes of processing, we urge you to leave our Platform immediately. Otherwise, for example, by accepting this policy or simply by continuing to browse on the Platform, after being made aware of the information contained in this policy, it will be understood that you consent unequivocally to the processing purposes indicated.

2. WHAT IS THE LEGAL BASIS FOR THE PROCESSING OF YOUR DATA?

The legal basis of the processing is mainly your consent, and therefore once you have been informed of this policy, if you accept it, or simply continuing browsing on the Platform, it will be understood that you give your unequivocal consent to the processing of your personal data for the purposes indicated. Accordingly, if you do not agree with this Policy or with the indicated purposes of the processing, please do not continue browsing and leave the Platform immediately. This is independently of the concurrence of a legitimate interest by the Hotel in accordance with article 6.1 f) of the GDPR.

You will be able at all times to choose the processing and destination of your data, holding a right to withdraw your consent at any time, although such a withdrawal will not affect in any way the lawfulness of the prior processing carried out by the Hotel.
In any case, the Hotel may block the use of the Platform and of the services, contents and functionalities associated to it in the event that you do not accept this policy, or do not consent to the processing of your personal information in accordance with the provisions set out herein.

Acceptance of this policy is independent of the possible acceptance of any particular legal terms and conditions governing the specific contracting of services through our Platform.

In the event of a specific request or contracting of certain contents, products or services, the principal basis for processing will be related to the necessary application of pre-contractual measures, where appropriate, or related to the performance of a contract, if you finally contract the corresponding content, product or service.

In addition to the above, the Hotel will also be authorized to process your data when necessary in order to satisfy its legitimate interests.

3. WHAT ARE THE CONSEQUENCES OF NOT PROVIDING YOUR DATA?

Failure to provide the required personal data may make it impossible to process your application or the specific request in question and, therefore, the Hotel may reject and/or exclude your specific request or application.

The information and personal data you provide must be:

• Sufficient, although aligned, limited and proportionate to the legitimate purposes of processing indicated by the Hotel, with the utmost respect for the principles of restriction of the purpose and minimization of personal data.
• Accurate, updated and true, so as to be able to verify adequately the identity, capacity and, as the case may be, representation and to be able to adjust the data processing carried out in each case to your specific needs and your actual situation, with due regard for the principle of accuracy of the personal data.

You are also informed that this Platform is aimed at users over 18 years of age and use of this Platform by minors is prohibited.

4. HOW DO WE SHARE YOUR DATA?

Your personal data may be communicated to other companies that belong to the same business group as Himalaia Hotels S.L. for the purpose of providing you with a better service in the framework of hotel chain associated to the Hotel, and for internal and administrative purposes. In this regard, you are informed that the companies that might be recipients of your personal data are :

• Mirai España S.L.

We also inform you that, in general, no international transfers of your personal data are planned, and the necessary measures according to the GPDR would be adopted if any such transfers were to take place.

5. FOR HOW LONG DO WE STORE YOUR DATA?

The Hotel will store your data for the time necessary to fulfil the purposes described in this privacy policy, and for as long as is strictly necessary to allow you to browse, access and enjoy the contents, products and services provided through the Platform that you require or visit, taking legal and contractual requisites into account, when appropriate.

If you are a customer of the Hotel, by virtue of article 30 of the Spanish Code of Commerce your personal data may be stored for a term of six years after the end of the relationship between the parties.

Notwithstanding the above, for cases in which you give your consent to the processing of your data for specific purposes, such data will be stored until you revoke your consent. Once your consent has been revoked, your data will not be processed for those purposes although the Hotel may store them as blocked data to handle any possible complaints and/or claims that may arise.

6. WHAT RIGHTS DO YOU HAVE ON YOUR DATA?

You may exercise your rights of access, rectification, erasure, restriction of processing, data portability and objection by writing to the e-mail address https://pierreetvacances.epticahosting.com/pierreetvacances/dispatch/0/2Xfda15794-ae4b-4b39-a859-60018a16e1b7/0/?lang=en_GB&Screen=CNIL_TERMS_EN Indicating the Ref. “Exercise of Rights” and accompanying a copy of your national identity document or equivalent identification document (passport, resident card…). If you consider that your personal rights have been duly respected, you may file a claim with the competent supervisory authority, in this case the Spanish Data Protection Agency (Agencia Española de Protección de Datos).

7. TERM AND MODIFICATION OF THE PRIVACY POLICY

This policy is in force as of October 3th 2018. The Hotel reserves the right to modify this policy, to adapt it to new future legislation, doctrine or case law that may be applicable, or for technical, operational, commercial, corporate and business reasons, providing reasonable prior notice of the changes occurring whenever possible. In any case, it is recommended that you read this policy in detail every time you access this Platform, as any modification will be published on it. Furthermore the Hotel may inform you personally in advance of any planned changes in this policy, before they come into effect, provided that this is technically and reasonably possible, in particular, in the case of registered users or Hotel customers.

8. DO YOU NEED TO CONTACT US?

The protection of your rights is very important to us so if you have any questions or suggestions you would like to send us in relation to this policy, please do not hesitate to contact us at the e-mail address:
https://pierreetvacances.epticahosting.com/pierreetvacances/dispatch/0/2Xfda15794-ae4b-4b39-a859-60018a16e1b7/0/?lang=en_GB&Screen=CNIL_TERMS_EN

9. APPLICABLE JURISDICTION AND VENUE

In general, any controversy or conflict will be submitted preferably by the parties to examination by them in order to reach an amicable solution by mutual agreement using for these purposes, as far as the Hotel is concerned, the legal contact channel described in section 13 of this policy. If this is not possible, according to the criteria established in the GDPR for determining the jurisdiction of the principal authority in order to examine any conflict, controversy or claim in relation to this privacy and cookies policy, at least in administrative channels, notice is hereby given that such an authority will be the Spanish Data Protection Agency (AEPD), and that the provisions of article 56 of the GDPR must be observed. With regard to the right of effective judicial protection against the Hotel in such cases, the provisions of article 79.2 of the GDPR shall apply, and the corresponding action must be filed with the Courts of the City of Barcelona to the extent that the controller is a company domiciled in Spain. In any case, the applicable legislation will be Spanish legislation.