A. GENERAL PART
1.1. USER DATA COLLECTION AND TREATMENT

Within the scope of the websites hosted at www.pestana.com, secure.pestana.com,, www.pousadas.pt, www.pestanacollection.com, www.pestanacr7.com, www.pestanahotelsresorts.com, www.pestanapriority.com e www.pestana.com, jointly aggregated and analysed in the present privacy policy of the present website www.pestana.com (“Site”), (including hotel services, vouchers, treatments and Spa products), the provision of information, content, including newsletter, login areas, click2call or any telephone contacts, customer and loyalty cards as well as membership (together the “Services”) to its users (“User”) and to its related entities, the entities of the Pestana Group represented by Pestana Management - Serviços de Gestão SA, a public limited company with its registered office based at Rua Jau, 54, 1300 - 314 Lisbon, registered with the Lisbon Commercial Registry Office under the single registration number and company number 511230397 (hereinafter “Pestana”) may require the User to make personal data available, namely, information provided by Users that allows Pestana to identify and/or contact them. (“Personal Information”).

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 Pestana.

The Personal Data collected and processed essentially consists 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 other Personal Data may come to be collected that may be necessary or appropriate for the provision or charging of services by Pestana.

After the collection of Personal Data, Pestana provides the User with detailed information about the nature of the data collected and about the purpose and processing that will be performed on the Personal Data, as well as the information mentioned in clause 8.

Pestana also collects and processes information about the characteristics of the user’s hardware device and browser/software features, as well as information about the pages visited by the User within the site. This information may include browser type, domain name, access times and links by which the User has accessed the Site (“Usability Information”). We only use this information to improve the quality of the user’s visit to our site.

Usability Information and Personal Data are designated in this Privacy Policy as “User Data”.

For the purposes of this Privacy Policy, a contractual relationship means any contract established between Pestana and its related entities, regardless of their purpose.

1.2. SUB-CONTRACTED ENTITIES
As part of the processing of User Data, Pestana uses or may have recourse to third parties, subcontracted by it, for, on behalf of Pestana, and in accordance with the instructions given by the User Data, in accordance with the law and this Privacy Policy.

These subcontracted entities may not transmit the User Data to other entities without Pestana having given prior written authorization to do so, and are also prevented from contracting other entities without Pestana’s prior authorization.

Pestana undertakes to only subcontract to entities that offer the maximum security in the implementation of the appropriate technical and organizational measures, in order to guarantee the defence of the User’s rights. All entities sub-contracted by Pestana shall be bound by 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.

After the collection of personal data, Pestana provides the User with information on the categories of subcontracted entities that, in this case, may process data on behalf of Pestana.

1.3. DATA COLLECTION CHANNELS
Pestana may collect data directly (i.e., directly from the User) or indirectly (i.e. via partner entities or third parties). Such collection may be done through the following channels:
• Direct collection: in person, by telephone, via 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 regarding the processing of personal data, Pestana undertakes to ensure that the User Data processed by it is:

• Subject to treatment in accordance with the law, as well as being fair and transparent in relation to the User;

• Collected for specific purposes that are objective and legitimate, not being processed subsequently in any way that runs contrary to these purposes;

• Appropriate, justified and limited to what is necessary in relation to the purposes for which these data are processed;

• Accurate and updated whenever necessary with all necessary measures being taken to ensure that inaccurate data, taking into account the purposes for which they are processed, are erased or corrected 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 to be processed;

• Handled in a manner that ensures data security, including protection against their unauthorized or illegal treatment and against their loss, destruction or unforeseen damage, with appropriate technical or organizational measures being taken.

• Data processing carried out by Pestana is permitted and legal when at least one of the following situations occurs:

• The User has without doubt given their consent to the processing of User Data for one or more specific purpose;

• The processing is necessary for the implementation 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 fulfilment of a legal obligation to which Pestana is subject;

• Processing is necessary for the defence of the fundamental interests of the User or another individual;

• The processing is necessary for legal interests being pursued by Pestana or by third parties (unless the interests or fundamental rights and freedoms of the User requiring the protection of personal data prevail).

• Pestana undertakes to ensure that the processing of User Data is only done under the conditions cited above and respecting the principles mentioned above.

• When the processing of the User Data is performed by Pestana based on the User’s agreement, the User has the right to withdraw his consent at any time. Such withdrawal of the consent, however, does not jeopardize the legality of the processing carried out by Pestana, based on the consent previously given by the User.

• The length of time during which the data is filed 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 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 at the end of the period will be eliminated.

3. USE AND PURPOSE OF USER DATA PROCESSING

In general, Pestana uses the User Data for the following purposes:

• Provision of hotel services and associated services (restaurants, bars, spa, etc.);

• Billing and invoicing the User;

• Registration of users on the Site;

• Providing information to the User, who has requested it, on new products and services that have been made available on the site and/or at the hotel units, special offers and campaigns, updated information on Pestana’s business operations and, generally, for the purpose of marketing Pestana and its hotel units, using any means of communication, including electronic media;

• Allowing access to restricted areas of the site, in accordance with previously established terms;

• Ensuring that the site meets the User’s needs by developing and publishing content that is best adapted to the requests made and the type of User, improving the search capabilities and functionalities of the site and obtaining associated or statistical information regarding to the user’s profile (analysis of consumption profiles);

• The provision of services, and other peripherals, such as newsletters, opinion surveys, or other information or products requested or purchased by the User;

• Sending satisfaction surveys

• Recording of telephone calls that may be made in connection with the solicitation or provision of information about reservations, vouchers and other products or services and their commercial conditions of use and the establishment of any contractual relationship, either during the formation phase of the contract or while it is in force;

• Pestana can combine Usability information with anonymous demographic information for research purposes, and we can use the result of this combination to provide relevant content on the Site. In certain restricted areas of the Site, Pestana can combine Personal Data with Usability information to provide the User a more personalized content.

The User Data collected by 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 Pestana that are provided by other entities responsible for the processing of personal data, User Data may be consulted or accessed by such entities, to the extent that it is necessary for the provision of such data services.

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 Pestana or for pre-contractual procedures at the request of the User, if necessary for the fulfilment of a legal obligation to which Pestana is subject or, if it is necessary, to obtain them in the legitimate interests of 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.

4.TECHNICAL, ORGANIZATIONAL AND SECURITY MEASURES IMPLEMENTED

In order to guarantee the security of the User Data and maximum confidentiality, Pestana treats the information you provided to us in an absolutely confidential manner, in accordance with its internal security, and confidentiality policies and procedures, which are updated periodically as required, as well as the terms and conditions legally set out.

As a function of 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, Pestana undertakes to apply, both when defining the method and timing of handling the data, the technical and organizational measures necessary and appropriate for the protection of User Data and compliance with legal requirements.

It also undertakes to ensure that, by default, only data that are necessary for each specific handling purpose are processed and that such data are not made available without human intervention to an indeterminate number of people.

Communication between the user’s device and the Pestana site is done through secure channels and communications using the HTTPS protocol and the SSL security standard. Nevertheless, in terms of general measures, Pestana adopts the following:

• Regular audits to identify the effectiveness of the technical and organizational measures implemented;

• Sensitization and training of personnel involved in data processing operations;

• Pseudonymization and 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 incident.

5.TRANSFER OF DATA OUTSIDE THE EUROPEAN UNION

Pestana may transfer your personal data to recipients who are established outside of the European Union offering different levels of personal data protection.

For this purposes Pestana adopts appropriate measures to ensure secure transfer of the User’s personal data, when a transfer to an external recipient located in a country offering a different level of privacy from that proposed in the country where the personal data is collected.

The data flows to the countries established outside of European Union, are regulated by the Binding Corporate Rules which are applicable to the whole Group.

6.USE OF COOKIES

When you visit our Site, a small text file (Cookie) is created and recorded on your device. This small text file will provide you 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 the cookies in the "Help" menu on your browser, where you will find how to do it.

Please note, that if you browse the Site you are accepting the creation of this text file in your device

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

Google Analytics

The Site uses Google Analytics, which is a web analysis service provided by Google Inc., (hereinafter “Google”), 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 this Site there is an interactivity with Facebook and Instagram through a connection established with their servers. This interactivity 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 this social networks, may also be associated the data with the user’s account. If the user wants to prevent this, should log out his/her social network’s account before visiting the webpage.

You can find more information about how Facebook and Instagram process your data in the following links: https://www.facebook.com/about/privacy/ https://help.instagram.com/519522125107875.

Twitter
The Site has an interactivity with Twitter Inc.(hereinafter “Twitter”), which is established when you access through the Twitter’s button.

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 OWNERS)

8. THE RIGHT TO INFORMATION

8.1
. Information provided to the User by Pestana (when data are collected directly from the User):

• The identity and contacts of Pestana, responsible for the handling and, if applicable, of its representative;

• The contacts of the Data Protection Supervisor;

• The purposes of the processing to which the personal data are intended, as well as, if applicable, the legal reasons for the processing;

• If the processing of the data is based on the legitimate interests of Pestana or a third party, an indication of such interests;

• If applicable, recipients or categories of recipients of personal data;

• If applicable, an indication that personal data will be transferred to a third country or an international organization, and whether or not a decision on appropriateness has been adopted by the Commission or a reference to suitable or appropriate transfer guarantees;

• Term for the retention of personal data;

• The right to request Pestana’s permission for personal data, as well as its correction, elimination or limitation, the right to oppose its processing and the right to access the data;

• If the processing of the data is based on the User’s consent, the right to withdraw it at any time, without compromising the legality of the processing carried out based on the consent previously given;

• The right to file a complaint with the CNPD (Comissão Nacional de Protecção de Dados [National Commission for Data Protection]) or other supervisory authority;

• Indication of whether or not the communication of personal data constitutes a legal or contractual requirement to enter into a contract and whether the holder 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 regarding the basic concept, as well as the importance and expected consequences of such processing for the data subject.

• f the User Data is not collected directly by Pestana from the User, in addition to the aforementioned information, the User is also informed about the categories of personal data being processed, as well as the origin of the data and, whether they are from sources accessible to the public.

• In the event of Pestana intending to proceed with the further processing of the User Data for a purpose other than that for which the data was collected, before this processing, Pestana shall provide the User with information about that purpose and any other information of interest, under the terms referred to above.

8.2. Procedures and measures implemented to fulfil the right to information.

The information referred to in paragraph 8.1. is provided in writing (including by electronic means) by Pestana to the User prior to the processing of the personal data in question. In accordance with applicable law, Pestana is under no obligation to provide the User with the information mentioned in paragraph 7.1 when and to the extent that the User already has knowledge of them.

This information is provided by Pestana at no cost.

9. RIGHT OF ACCESS TO PERSONAL DATA

Pestana guarantees the means that allow the user to consult his or her Personal Data.

The User has the right to obtain confirmation from Pestana that personal data concerning him or her are processed and, if applicable, the right to access his/her 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 based in other countries or belonging to international organizations;

• The term for the retention of personal data;

• The right to ask Pestana to correct, eliminate or limit the processing of personal data, or the right to prevent such processing;

• The 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 reasoning, as well as the importance and expected consequences of such processing for the data subject;

• The 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 providing of other copies requested by the User may entail administrative costs.

10. THE RIGHT TO CORRECT PERSONAL DATA

The User has the right to request, at any time, correction of his or her Personal Data, as well as the right to have incomplete personal data completed, including by means of an additional declaration.

In the event of limitation of processing of data, Pestana shall inform each recipient/entity to whom the data has been transmitted of the limitation, unless such communication proves impossible or involves a disproportionate effort on behalf of Pestana.

11. THE RIGHT TO THE DELETION OF PERSONAL DATA (“RIGHT TO BE FORGOTTEN”)

You have the right to obtain, on the part of Pestana, deletion of your data when one of the following reasons apply:

• The 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 treatment under the right of opposition and there are no prevailing legitimate interests justifying the processing; • If User Data is processed illegally;

• If User Data must be deleted in order to comply with a legal obligation to which Pestana is subject;

• Under the applicable legal terms, Pestana is under no obligation to delete User Data to the extent that the processing proves necessary to fulfil a legal obligation to which Pestana is subject or for the purposes of declaring, exercising or defending Pestana’s rights in judicial proceedings.

In the event of the data being deleted, Pestana shall inform each recipient/entity to whom the data has been transmitted of the deletion, unless such communication proves impossible or involves a disproportionate effort on behalf of Pestana.

When Pestana has made the User Data public and is obliged to delete it under the right of such deletion, Pestana undertakes to ensure reasonable measures, including of a technical nature, taking into account available technology and costs of its application to inform those responsible for the effective processing of personal data for which the User has requested deletion of the links to such personal data, as well as copies or reproductions thereof.

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

The User has the right to obtain, on the part of Pestana, a limitation on the processing of the User Data, if one of the following situations occurs (the limitation consists of marking the personal data retained with the aim of limiting its processing in the future):

• If the accuracy of personal data is challenged, for a period that allows Pestana to verify its accuracy;

• If the processing is unlawful and the User opposes the deletion of the data, requesting, instead, a limitation on its use;

• If Pestana no longer requires the User Data for processing purposes, but such data is required by the User for the purposes of declaring, exercising or defending their rights in judicial proceedings;

• In the event of the User objecting to the processing, until it is verified that Pestana’s legitimate reasons prevail over those of the User.

When User Data is subject to limitations, they may only, with the exception of storage, be processed with the consent of the User or for the purpose of declaring, exercising or defending a right in judicial proceedings, defending the rights of another natural or legal person, or for public interest reasons provided by law.

The User who has obtained the limitation of the processing of their data in the above cases shall be informed by Pestana before the limitation on processing is annulled.

In the event of limitation of processing of data, Pestana shall inform each recipient/entity to whom the data has been transmitted of the limitation, unless such communication proves impossible or involves a disproportionate effort on behalf of Pestana.

13. THE RIGHT OF PORTABILITY OF PERSONAL DATA

The User has the right to receive personal data concerning him/her and which he/she has provided to Pestana, in a structured, current and automated reading format, and the right to transmit such data to another person responsible for its processing, if:

• The processing is based on 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 or derived data, i.e. personal data that are generated by Pestana as a consequence of, or resulting from, analysis of the data being processed.

Users are entitled to have their personal data transmitted directly between those responsible for the processing, whenever this is technically possible.

14. RIGHT TO OPPOSE PROCESSING

Users have the right at any time, for reasons relating to their particular situation, to object to the processing of personal data concerning them in the exercising of legitimate interests pursued by Pestana or when the processing is carried out 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 shall terminate the processing of User Data unless it can demonstrate urgent and legitimate reasons for such processing that prevail over the User’s interests, rights and freedoms, or for the purposes of declaring, exercising or defending Pestana’s rights in legal proceedings.

When User Data is processed for the purpose of direct sales (marketing), Users have the right to oppose at any time the processing of the data that concern them for the purposes of said marketing, which includes the definition of profiles insofar as it relates to direct marketing. If Users object to the processing of their data for the purposes of direct marketing, Pestana must cease the 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 the definition of profiles, that has an effect in the legal sphere or has a significant similar effect, unless the decision:

• Is necessary for the signing or implementation of a contract between the User and Pestana;

• Is authorized by legislation to which Pestana is subject; or

• Is based on the explicit consent of the User.

15. PROCEDURES FOR THE EXERCISING OF RIGHTS BY THE USER

The right of access, right to make corrections, right of elimination, right of limitation, right of portability and right to opposition may be all exercised by the User through the platform available at: https://pestanahotelgroup.atlassian.net/servicedesk/customer/portal/5

For further information please contact the Pestana Data Protection Officer through the following e-mail dpo@pestana.com or by letter to the Data Protection Officer Pestana, Rua Jau, No. 54, 1300-314 Lisboa, Portugal.

Pestana will respond in writing (including by electronic means) to the User’s request within a maximum period of one month from the receipt of the request, except in particularly complex cases, for which this period may be extended up to two months.

If the requests submitted by the User are manifestly unjustified or excessive, especially due to their repetitive nature, Pestana reserves the right to charge administrative costs or refuse to comply with the request.

16. PERSONAL DATA VIOLATIONS

In the event of data violation and insofar as such a violation is likely to entail a high risk to the User’s rights and freedoms, Pestana undertakes to inform the User in question of the personal data violation within 72 hours of learning of the incident.

Under the legislation, communication to the User is not required in the following cases:

• If Pestana has applied satisfactory protection measures, both technical and organizational, and these measures have been applied to personal data affected by the personal data violation, especially measures that make the personal data incomprehensible to anyone unauthorized to access such data, such as encryption;

• If Pestana has taken subsequent action to ensure that the high risk to the User’s rights and freedoms is no longer likely to materialize; or

• If communication to the User implies a disproportionate effort on behalf of Pestana. In this case, Pestana will release a public communication or take a similar action by which the User will be informed.

C. FINAL PART

17. ALTERATIONS TO PRIVACY POLICY


Pestana reserves the right to make changes to this Privacy Policy at any time. In the case of modification to the Privacy Policy, the date of the most recent change, available at the top of this page, shall also be updated. If the change is substantial, a notice will be placed on the site.

18. APPLICABLE LAW AND LEGAL JURISDICTION

The Privacy Policy as well as the collection, processing or transmission of User Data are all governed by the provisions of EU Regulation 2016/679 passed by the European Parliament and Council on 27 April 2016, and by the laws and regulations applicable 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 Lisbon, without prejudice to mandatory legal rules.