Collection and Handling of User Data
In connection with the provision of the website hosted on www.zmar.eu (“Site”), the conclusion of any contracts (such as hotel services, vouchers, treatments and Spa products, sports activities), information, click2call, or any telephone contacts (collectively, the “Services”) to its users (“User”) and other related entities, Multiparques A Céu Aberto Campismo e Caravanismo, a public limited company with headquarters in Herdade A-de-Mateus, Longueira – Almograve and registered at the Commercial Registry Office of Lisbon under the single registration number and legal person number 507 642 260 (hereinafter “Zmar”) may require the User to provide personal data, information provided by the User that allows Zmar to identify and / or contact you (“Personal Data”).
As a rule, Personal Data is requested when the User registers on the Site, requests a contact and / or sending newsletters, subscribes to a certain service, provides or requests information, acquires a product or establishes a contractual relationship with Zmar.
The Personal Data collected and processed consists essentially of information regarding the name, gender, date of birth, telephone, mobile phone, email, address, tax identification number, credit card data (collected for billing purposes only), although they may come to collect other Personal Data that may be necessary or convenient for the provision or collection of Services by Zmar.
After collecting the Personal Data, Zmar provides the User with detailed information about the nature of the data collected and about the purpose and treatment that will be performed with respect to the Personal Data, as well as the information mentioned in clause 8.
Zmar also collects and processes information about the features of your hardware device and the browser / software features 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.
1. SUBCONTRACTED ENTITIES
These subcontracted entities will not be able to transmit the User Data to other entities without Zmar having given prior written authorization to do so and are also prevented from contracting other entities without Zmar’s prior authorization.
Zmar undertakes to subcontract only entities that offer maximum security in the execution of the appropriate technical and organizational measures, in order to guarantee the defense of the User’s rights. All entities sub-contracted by Zmar shall be bound by the latter by means of a written agreement which governs in particular the purpose 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 collecting personal data, Zmar provides the User with information about the categories of subcontracted entities that, in this case, can process data on behalf of Zmar.
1.1 DATA COLLECTION CHANNELS
Zmar may collect data directly (i.e., directly from the User) or indirectly (i.e., through partner entities or third parties). The collection can be done through the following channels:
Direct collection: in person, by phone, by e-mail and through the Site;
Indirect collection: through partners or companies of the group and official entities.
2. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA
In terms of general principles regarding the processing of personal data, Zmar undertakes to ensure that the User Data processed by you are:
Object of a treatment according to law, fair and transparent in relation to the User;
Collected for specific purposes, objective and legitimate, and not subsequently treated in a way contrary to these purposes;
Adequate, justified and limited to what is necessary in relation to the purposes for which they are processed;
Accurate and up-to-date where necessary, and all necessary measures are taken to ensure that inaccurate data, taking into account the purposes for which they are processed, are erased or corrected without delay;
Preserved in a form that allows the identification of the User only for the period necessary for the purposes for which the data are processed;
Treaties in a manner that ensures their safety, including protection against their unauthorized or illegal treatment and against their loss, destruction or unforeseen damage, and appropriate technical or organizational measures are taken.
Data processing performed by Zmar is permitted and legal when at least one of the following situations occurs:
The User has given without any doubt its consent to the processing of the 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;
Treatment is necessary for the fulfillment of a legal obligation to which Zmar is subject;
Treatment is necessary for the defense of the fundamental interests of the User or another individual person;
The processing is necessary for the legal interests pursued by Zmar or by third parties (except if the interests or fundamental rights and freedoms of the User that require the protection of personal data prevail).
Zmar undertakes to ensure that User Data processing is only performed under the conditions listed above and with respect to the above mentioned principles.
When processing the User Data is performed by Zmar based on the User’s agreement, the User has the right to withdraw his consent at any time. The withdrawal of consent, however, does not compromise the legality of the treatment made by Zmar 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 processed.
Effectively, there are legal requirements that require you to retain the data for a minimum period of time. Thus, and where there is no specific legal obligation, 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 in the end will be eliminated.
3. USING AND USING THE DATA PROCESSING PURPOSES
In general terms, Zmar uses the User Data with the following purposes:
• Provision of hotel services and associated services (restaurants, bars, spa, etc.);
• Management of contacts with the User;
• Billing and billing to the User;
• User Registration on the Site;
• Informing the User, who has requested it, of new products and services made available on the Site and / or in the hotel units, special offers and campaigns, updated information on Zmar activity and, generally, for Zmar marketing purposes, through any means of communication, including electronic media;
• Ensure that the Site meets User’s needs by developing and publishing content that is as adapted as possible to the requests and type of User, improving the search capabilities and functionality of the Site and obtaining associated or statistical information in relation to the User’s profile (analysis of consumption profiles);
• Provision of Services, and other services, such as newsletters, satisfaction surveys, or other information or products requested or purchased by the User;
• Zmar may combine Usability Information with anonymous demographic information for research purposes, and may use the result of that combination to provide more relevant content on the Site.
The User Data collected by Zmar is not shared with third parties without the consent of the User, except for the situations mentioned in the following paragraph. However, in the event that the User contracts with Zmar for services provided by other entities responsible for the processing of personal data, User Data may be consulted or accessed by such entities to the extent necessary for the provision of such data.
The User Data collected by Zmar is not shared with third parties without the consent of the User, except for the situations mentioned in the following paragraph. However, in the event that the User contracts with Zmar for services provided by other entities responsible for the processing of personal data, User Data may be consulted or accessed by such entities to the extent necessary for the provision of such data. services.
4. IMPLEMENTED TECHNICAL, ORGANIZATIONAL AND SECURITY MEASURES
In order to guarantee the security of the User Data and the maximum confidentiality, Zmar treats the information that it has provided to you in an absolutely confidential way, in accordance with its internal policies and procedures of security and confidentiality, which are updated periodically according to the needs, as well as with the terms and conditions legally established.
Depending on the nature, scope, context and purpose of data processing, as well as the risks arising from the treatment of the rights and freedoms of the User, Zmar undertakes to apply, both when defining the means of treatment as at the time of the treatment itself, technical and organizational measures necessary and adequate for the protection of User Data and compliance with legal requirements.
It also undertakes to ensure that, by default, only data that is necessary for each specific purpose of treatment is processed and that such data are not made available without human intervention to an indeterminate number of persons.
Communication between the user’s device and the Zmar Site is done through secure channels and communications using the HTTPS protocol and the SSL security standard. Even so, in terms of general measures, Zmar adopts the following;
Regular audits to identify the competence of the technical and organizational measures implemented;
Sensitization and training of personnel involved in data processing operations;
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 incidente.
5. TRANSFER OF DATA OUT OF THE EUROPEAN UNION
Personal data collected and used by Zmar are not made available to third parties established outside the European Union. If, in the future, this transfer takes place for the above reasons, Zmar undertakes to ensure that the transfer complies with the applicable legal provisions, in particular as regards the determination of the country’s suitability for data protection and the requirements applicable to it. such transfers.
USER RIGHTS (DATA HOLDERS)
7. RIGHT TO INFORMATION
7.1. Information provided to the User by Zmar (when data is collected directly from the User):
• The identity and contacts of Zmar, responsible for the treatment and, if applicable, of its representative;
• The contacts of the Data Protection Officer;
• The purposes of the treatment to which the personal data are intended, as well as, if applicable, the legal reasons for the treatment;
• If the processing of the data is based on the legitimate interests of Zmar or a third party, an indication of such interests;
• Where applicable, the 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 there is a compliance decision adopted by the Commission or reference to appropriate or appropriate transfer guarantees;
• Deadline for the preservation of personal data;
• The right to apply to Zmar for permission to personal data, as well as its correction, elimination or limitation, the right to object to the treatment and the right to access the data;
• If the processing of the data is based on the consent of the User, the right to withdraw it at any time, without compromising the legality of the treatment made based on the consent previously given;
• The right to file a complaint with the CNPD or other supervisory authority;
• Indication whether the disclosure of personal data constitutes a legal or contractual obligation, or a requirement to conclude a contract, and whether the holder is required to provide the personal data and any consequences of not providing such data;
• If applicable, the existence of automatic decisions, including the definition of profiles, and information regarding the basic concept, as well as the importance and expected consequences of such treatment for the data subject.
• In the event that User Data is not collected directly by Zmar from the User, in addition to the information referred to above, the User is also informed about the categories of personal data being processed, as well as the origin of the data and, if they are from sources accessible to the public.
• In the event that Zmar intends to carry out further processing of the User Data for a purpose other than that for which the data was collected, prior to such treatment Zmar will provide the User with information about that purpose and any other information of interest, as set out above referred to.
7.2. Procedures and measures implemented to fulfill the right to information.
The information referred to in 7.1. is provided in writing (including by electronic means) by Zmar to the User prior to the processing of personal data in question. In accordance with the applicable law, Zmar has no obligation to provide the User with the information mentioned in 7.1 when and to the extent that the User is already aware of them.
The information is provided by Zmar at no cost.
8. RIGHT TO ACCESS PERSONAL DATA
Zmar guarantees the means by which the User can consult his Personal Data.
The User has the right to obtain from Zmar the confirmation that the personal data concerning him are treated and, if applicable, the right of access to his 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 Zmar the correction, elimination or limitation of the processing of personal data, or the right to prevent 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, Zmar 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.
9. RIGHT TO RE-FORM 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, Zmar shall notify each recipient to whom the data have been forwarded for rectification, unless such communication is considered impossible or involves a disproportionate effort for Zmar.
10. RIGHT TO THE DELETING OF PERSONAL DATA (“RIGHT TO BE FORGOTTEN”)
The User has the right to obtain, on the part of Zmar, the elimination of its data when one of the following reasons applies:
– The User Data is no longer necessary for the purpose for which it was collected or processed;
– The User withdraws the consent on which the data treatment is based and there is no other legal basis for such treatment;
– The User opposes the treatment under the right of opposition and there are no prevailing legitimate interests justifying the treatment;
– In case the User Data is treated illegally;
– If the User Data has to be erased in order to comply with a legal obligation to which Zmar is subject;
– Under the applicable legal terms, Zmar is under no obligation to delete the User Data to the extent that the processing proves necessary to fulfill a legal obligation to which Zmar is subject or for the purposes of declaration, exercise or defense of a Zmar’s right to be heard in court proceedings.
– In the event of deletion of the data, Zmar shall notify each recipient / entity to whom the data have been forwarded of erasure, unless such communication proves impossible or entails a disproportionate effort for Zmar.
– When Zmar has made the User Data public and is obliged to delete it under the right of such deletion, Zmar undertakes to ensure reasonable measures, including of a technical nature, taking into account available technology and the costs of its application, to inform those responsible for the effective treatment of personal data that the User has requested the deletion of the links to these personal data, as well as copies or reproductions thereof.
11. RIGHT TO LIMIT THE TREATMENT OF PERSONAL DATA
The User has the right to obtain, on the part of Zmar, the limitation of the processing of the User Data if one of the following situations applies (the limitation is to insert a mark in the personal data conserved with the objective of limiting its treatment in the future):
If you challenge the accuracy of personal data, for a period that allows Zmar to verify its accuracy;
If the treatment is unlawful and the User opposes the deletion of the data, requesting, on the other hand, the limitation of its use;
If Zmar no longer requires 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 objected to the processing, until it is verified that the legitimate reasons of Zmar prevail over those of the User.
When User Data is subject to limitation, they may only, with the exception of conservation, be treated 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 the limitation of the treatment of his data in the above cases will be informed by Zmar before the limitation to the treatment is annulled.
In the event of a limitation of the processing of the data, Zmar shall notify each addressee to whom the data has been transmitted, unless this communication proves impossible or entails a disproportionate effort for Zmar.
12. RIGHT OF PORTABILITY OF PERSONAL DATA
The User has the right to receive the personal data concerning him and which he has provided to Zmar in a structured, current and automatic reading format and the right to transmit this data to another person responsible for the treatment if:
– The treatment is based on the consent or on a contract to which the User is a party;
– Treatment is by automated means.
– The portability right does not include inferred data or derived data, i.e. personal data that are generated by Zmar as a consequence or result of the analysis of the data being processed.
– The User has the right that his personal data be transmitted directly between those responsible for the treatment, whenever this is technically possible.
13. RIGHT OF OPPOSITION TO TREATMENT
The User shall have the right at any time to object, on grounds relating to his particular situation, to the processing of personal data concerning him that is based on the exercise of legitimate interests pursued by Zmar or when the processing is performed for purposes other than are those for which personal data have been collected, including the definition of profiles, or when personal data are processed for statistical purposes.
Zmar will terminate the processing of User Data, unless it presents urgent and legitimate reasons for such treatment that prevail over the User’s interests, rights and freedoms, or for the purposes of declaration, exercise or defense of Zmar’s right in a judicial proceeding.
When User Data is processed for the purpose of direct marketing (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 the User objects to the processing of his data for the purposes of direct marketing, Zmar ceases processing of the data for that purpose.
You 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 Zmar;
• is authorized by legislation to which Zmar is subject; or
• It is based on the explicit consent of the User.
14. PROCEDURES WITH REGARD TO THE EXERCISE OF THE RIGHTS BY THE USER
The right of access, the right of rectification, the right of elimination, the right to limitation, the portability right and the right to the opposition can be exercised by the User through contact with the Data Protection Officer of Zmar, through the email firstname.lastname@example.org and/or through the page available on the Site.
Zmar 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 can be extended up to two months.
If the requests presented by the User are manifestly unjustified or excessive, in particular because of their repetitive nature, Zmar reserves the right to charge administrative costs or refuse to comply with the request.
15. 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, Zmar undertakes to report the violation of personal data to the User in question within 72 hours to knowledge of the incident.
In legal terms, communication to the User is not required in the following cases:
• If Zmar has implemented adequate technical and organizational protection measures and these measures have been applied to personal data affected by the violation of personal data, especially measures that make personal data incomprehensible to any unauthorized person to access such data , such as encryption;
• If Zmar 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 Zmar. In this case, Zmar will make a public communication or take a similar action through which the User will be informed.
17. APPLICABLE LAW AND FORUM