In the context of making available the website hosted at WWW.QUINTADASARAIVA.COM (Site), entering into any contracts (including hospitality and accommodation services), providing information, content, including newsletter, login areas, any telephone or email contacts (together, the Services) to its users (User) and other entities related to it, Quinta da Saraiva, headquartered at Caminho da Saraiva nº18, 9300-046 Camara de Lobos, registered at the Commercial Registry Office of Funchal under the unique registration and corporate number 514276665 (hereinafter referred to as QS) may request the User to provide personal data, that is, information provided by the User that allows QS to identify and/or contact him/her (Personal Data). By rule, Personal Data is requested when the User registers on the Site, requests contact and/or newsletter delivery, subscribes to a certain service, provides or requests information, purchases a product, or establishes a contractual relationship with QS. Input: The Personal Data collected and processed consists essentially of information related to the name, gender, date of birth, telephone, mobile, email, address, tax identification number, credit card data (collected only for billing purposes), although other Personal Data that may be necessary or convenient for the provision or collection of Services by QS may also be collected. After the collection of Personal Data, QS provides the User with detailed information about the nature of the collected data and about the purpose and processing that will be carried out regarding the Personal Data, as well as the information mentioned in clause 8. The QS also collects and processes information about the characteristics of your hardware device and browser/software, 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 the hyperlinks through which the User accessed the Site (Usability Information). We only use this information to improve the quality of your visit to our Site. The Usability Information and Personal Data are referred to in this Privacy Policy as User Data. For the purposes of this Privacy Policy, a contractual relationship is understood to be any contract established between QS and the entities related to it, regardless of their respective object.
The QS can 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 email, and through the website. Indirect collection: through partners.
In terms of general principles regarding the processing of personal data, QS is committed to ensuring that the User’s Data processed by it are:
• Subject to lawful, fair, and transparent processing in relation to the User;
• Collected for specific, objective, and legitimate purposes, and not processed subsequently in a manner contrary to those purposes.
• Appropriate, justified, and limited to what is necessary for the purposes for which they are processed.
• Accurate and up-to-date whenever necessary, with all necessary measures taken to promptly delete or correct any inaccurate data, taking into account the purposes for which they are processed.
• Kept in a way that allows the identification of the User only during the necessary period for the purposes for which the data is processed.
• Treated in a way that ensures their security, including protection against unauthorized or illegal treatment and against their loss, destruction, or unforeseen damage, with appropriate technical or organizational measures adopted. The data processing carried out by QS is allowed and legal when at least one of the following situations is verified:
• The User has clearly given their consent for the processing of User Data for one or more specific purposes;
• The treatment is necessary for the completion of a contract in which the User is part, or for pre-contractual procedures at the User’s request.
• The treatment is necessary for compliance with a legal obligation to which QS is subject;
• The treatment is necessary for the defense of fundamental interests of the User or another individual.
• The treatment is necessary for the purposes of the legitimate interests pursued by QS or by third parties (unless the fundamental interests or rights and freedoms of the User requiring the protection of personal data prevail). QS undertakes to ensure that the User’s data is processed only under the conditions mentioned above and with respect for the principles mentioned above. When the User’s data is processed by QS based on the User’s agreement, the User has the right to withdraw their consent at any time. However, the withdrawal of consent does not affect the legality of the treatment carried out by QS based on the consent previously given by the User. The period of time during which the data is stored and retained varies according to the purpose for which the information is processed. Indeed, there are legal requirements that require data to be kept for a minimum period of time. Therefore, and whenever there is no specific legal obligation, the data will be stored and retained only for the minimum period necessary for the purposes that motivated their collection or subsequent treatment, at the end of which they will be deleted.
In general terms, QS uses User Data for the following purposes:
• Provision of web services and associated services (graphic design, hosting, domain registration, etc.);
• User contact management;
• Invoicing and billing to the User;
• User Registration on the Website;
• Inform the User, upon request, about new products and services available on the Site, special offers and campaigns, updated information about QS’s activity, and, in general, for marketing purposes of QS, through any means of communication, including electronic support.
• Allow access to restricted areas of the Site, according to previously established terms.
• Ensure that the website meets the User’s needs, through the development and publication of content that is as tailored as possible to the User’s requests and type, improving the search capabilities and functionalities of the website, and obtaining associated information or statistics regarding the typical User profile (consumer profile analysis).
• Provision of Services and other services, such as newsletters, opinion surveys, or other information or products requested or purchased by the User. • QS can combine
Usability Information with anonymous demographic information for research purposes, and can use the result of this combination to provide more relevant content on the Site. In certain restricted areas of the Site, QS may combine Personal Data with Usability Information to provide the User with more personalized content. User Data collected by QS is not shared with third parties without the User’s consent, except in the situations referred to in the following paragraph. However, in the event that the User contracts services from QS that are provided by other entities responsible for the processing of personal data, User Data may be consulted or accessed by these entities to the extent necessary for the provision of said services.
In accordance with applicable legal terms, QS may transmit or communicate User Data to other entities if such transmission or communication is necessary for the execution of the contract established between the User and QS, or for pre-contractual measures at the User’s request, or if it is necessary to comply with a legal obligation to which QS is subject, or if it is necessary to obtain QS’s or third parties’ legitimate interests. In the event of User Data transmission to third parties, reasonable efforts will be made to ensure that the recipient uses the transmitted User Data appropriately in accordance with this Privacy Policy.
To ensure user data security and maximum confidentiality, QS treats the information provided to us as absolutely confidential, in accordance with its internal security and confidentiality policies and procedures, which are periodically updated as needed, as well as the legally stipulated terms and conditions. In view of the nature, scope, context, and purposes of data processing, as well as the risks arising from processing for the rights and freedoms of the User, QS undertakes to apply, both at the time of defining the means of processing and at the time of processing itself, the necessary and appropriate technical and organizational measures to protect User Data and comply with legal requirements. It also undertakes to ensure that, by default, only the data necessary for each specific purpose of the processing is processed and that this data is not made available without human intervention to an indefinite number of people. Translation: The communication between the user’s device and the QS Site is carried out through secure channels and communications that use the HTTPS protocol and the SSL security standard. Nevertheless, in terms of general measures, QS adopts the following. Awareness and training of personnel involved in data treatment operations. Mechanisms capable of ensuring the permanent confidentiality, availability, and resilience of information systems. Mechanisms that ensure the restoration of information systems and rapid access to personal data in the event of a physical or technical incident.
Input: The personal data collected and used by QS are not made available to third parties established outside the European Union. If, in the future, such transfer occurs for the reasons mentioned above, QS undertakes to ensure that the transfer complies with applicable legal provisions, namely regarding the determination of the adequacy of such country with regard to data protection and the requirements applicable to such transfers.
When visiting our Site, your consent will be required to create and record a text file (Cookie) on your computer. This file will allow you easier and faster access to the Site, as well as personalization according to your preferences. Most browsers accept these files (Cookies), but the User may delete them or automatically set their blocking. In the ‘Help’ menu of your browser, you will find instructions on how to make these settings. However, if you do not allow the use of cookies, there may be some Site functionalities that you will not be able to use.
7.1. Information provided to the User by QS (when data is collected directly from the User):
• The identity and contact details of QS, the data controller, and, if applicable, its representative;
• Contacts of the Data Protection Officer;
• The purposes of the processing to which personal data are intended, as well as, if applicable, the legal reasons for the processing.
• If the data processing is based on QS’s or a third party’s legitimate interests, indication of such interests;
• If applicable, the recipients or categories of recipients of the personal data.
• If applicable, indication that personal data will be transferred to a third country or an international organization, and the existence or not of an adequacy decision adopted by the Commission or reference to appropriate or adequate transfer safeguards.
• Personal data retention period.
• The right to request QS permission for personal data, as well as its correction, deletion or limitation, the right to object to processing and the right to data portability.
• If data processing 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 previously given consent.
• The right to lodge a complaint with the CNPD or another supervisory authority.
• Indication if the communication of personal data is or is not a legal or contractual obligation, or a necessary requirement to enter into a contract, as well as if the data subject is obliged to provide the personal data and the possible consequences of not providing such data.
• If applicable, the existence of automated decisions, including profiling, and information about the underlying concept, as well as the importance and anticipated consequences of such processing for the data subject. In case the User’s Data is not collected directly by QS from the User, in addition to the information mentioned above, the User is also informed about the categories of personal data subject to processing and, as well, about the origin of the data and, eventually, if they are from publicly accessible sources.
• If QS intends to further process the User’s Data for a purpose other than the one for which the data was collected, prior to such processing, QS will provide the User with information about that purpose and any other relevant information, as mentioned above.
7.2. Procedures and measures implemented to comply with the right to information.
The information referred to in 7.1. is provided in writing (including electronically) by QS to the User prior to the processing of the personal data in question. Under applicable law, QS is not obliged to provide the User with the information mentioned in 7.1 when and to the extent that the User already has knowledge of it. The information is provided by QS at no cost.
Input: The QS guarantees the means that allow the User to consult their Personal Data.
The User has the right to obtain from QS confirmation as to whether or not personal data concerning them are being processed and, if so, the right to access their personal data and the following information:
• The purposes of the data processing;
• The categories of personal data in question;
• The recipients or categories of recipients to whom the personal data have been or will be disclosed, namely recipients established in third countries or belonging to international organizations.
• The personal data retention period;
• Right to request QS to correct, delete or limit the processing of personal data, or the right to prevent such processing.
• Right to lodge a complaint with the CNPD or another supervisory authority. • If the data has not been collected from the User, the available information about the origin of this data.
• The existence of automated decisions, including profiling, and information regarding the underlying logic, as well as the significance and anticipated 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, QS will provide the User, free of charge, with a copy of the User’s Data that is being processed. The provision of other copies requested by the User may incur administrative costs.
The User has the right to request, at any time, the rectification of their Personal Data and, as well, the right to have their incomplete personal data completed, including by means of an additional statement. In case of rectification of data, QS informs each recipient to whom the data have been transmitted about the respective rectification, unless such communication is considered impossible or entails a disproportionate effort for QS.
The User has the right to obtain, from QS, the deletion of their data when one of the following reasons applies:
• The User’s data is no longer necessary for the purpose that motivated its collection or processing;
• The User withdraws the consent on which the data processing is based and there is no other legal basis for such processing.
• The User objects to the processing under the right to object and there are no prevailing legitimate interests that justify the processing.
• In case the User’s Data is treated illegally;
• If the User’s Data needs to be erased to comply with a legal obligation to which QS is subject;
• Under applicable legal terms, QS is not obliged to delete User Data to the extent that processing is necessary for compliance with a legal obligation to which QS is subject or for the purpose of declaring, exercising, or defending a right of QS in a judicial process. In the event of data deletion, QS notifies each recipient/entity to whom the data has been transmitted of the respective deletion, unless such communication is impossible or would entail a disproportionate effort for QS. When QS has made User Data public and is required to delete it under the right of deletion, QS undertakes to ensure reasonable measures, including technical measures, taking into account the available technology and the costs of their implementation, to inform those responsible for the effective processing of personal data that the User has requested the deletion of links to such personal data, as well as copies or reproductions thereof.
The User has the right to obtain, from QS, the deletion of their data when one of the following reasons applies:
• The User’s data is no longer necessary for the purpose that motivated its collection or processing;
• The User withdraws the consent on which the data processing is based and there is no other legal basis for such processing.
• The User objects to the processing under the right to object and there are no prevailing legitimate interests that justify the processing.
• In case the User’s Data is treated illegally;
• If the User’s Data needs to be erased to comply with a legal obligation to which QS is subject;
• Under applicable legal terms, QS is not obliged to delete User Data to the extent that processing is necessary for compliance with a legal obligation to which QS is subject or for the purpose of declaring, exercising, or defending a right of QS in a judicial process. In the event of data deletion, QS notifies each recipient/entity to whom the data has been transmitted of the respective deletion, unless such communication is impossible or would entail a disproportionate effort for QS. When QS has made the User’s Data public and is required to delete it under the right of deletion, QS undertakes to ensure reasonable measures, including technical measures, taking into account the available technology and the costs of its implementation, to inform the data controllers who have been requested by the User to delete the links to such personal data, as well as any copies or reproductions thereof.
“The User has the right to obtain, from QS, the limitation of the processing of User Data, if one of the following situations applies (the limitation consists of placing a mark on the personal data retained with the aim of limiting their processing in the future):
• If the User disputes the accuracy of personal data, for a period that allows QS to verify its accuracy.”
• If the treatment is unlawful and the User opposes the deletion of the data, requesting, in return, the limitation of its use.
• If QS no longer needs the User’s Data for processing purposes, but the User requires such data for the purpose of making a statement, exercising or defending a right in a judicial process;
• If the User opposes the processing, until it is verified that the legitimate reasons of the QS prevail over those of the User.
When the User’s Data is subject to limitation, they can only be processed, except for storage, with the User’s consent or for the purpose of declaring, exercising or defending a right in a judicial proceeding, defending the rights of another natural or legal person, or for legally provided public interest reasons.
The User who has obtained the limitation of the processing of their data in the above mentioned cases will be informed by QS before the limitation is lifted.
In case of limitation of data processing, QS will communicate to each recipient to whom the data have been transmitted the respective limitation, unless this communication proves impossible or implies a disproportionate effort for QS.
The User has the right to receive personal data concerning them and that they have provided to QS, in a structured, commonly used and machine-readable format, and the right to transmit this data to another data controller, if:
• The processing is based on consent or a contract of which the User is a party; and
• If the treatment is carried out by automated means.
The right to portability does not include inferred data or derived data, i.e., personal data that is generated by QS as a consequence or result of the analysis of the data subject to treatment.
The User has the right for their personal data to be transmitted directly between the data controllers, whenever technically possible.
The User has the right to object at any time, for reasons related to their particular situation, to the processing of personal data concerning them that is based on the exercise of legitimate interests pursued by QS or when the processing is carried out for purposes other than those for which the personal data was collected, including profiling, or when personal data is processed for statistical purposes.
QS will terminate the processing of User Data, unless it presents urgent and legitimate reasons for such processing that prevail over the interests, rights, and freedoms of the User, or for the purpose of declaring, exercising, or defending a right of QS in a judicial process.
When User Data is processed for direct marketing purposes, the User has the right to object at any time to the processing of their data for the purposes of said marketing, which includes profiling to the extent that it is related to direct marketing. If the User objects to the processing of their data for direct marketing purposes, QS ceases processing the data for that purpose. The User also has the right not to be subject to any decision made exclusively based on automated processing, including profiling, that produces legal effects or significantly affects them in a similar way, unless the decision:
• Is necessary for the conclusion or execution of a contract between the User and QS.
• Authorized by legislation to which QS is subject; or
• Based on the explicit consent of the User.
Input: The right of access, the right of rectification, the right of erasure, the right to restriction, the right of portability, and the right of objection can be exercised by the User by contacting the Data Protection Officer of QS, through the email info@quintadasaraiva.com and/or through the available page on the Site. The QS will provide a written response (including by electronic means) to the User’s request within a maximum period of one month from the receipt of the request, except in cases of special complexity, where this period may be extended up to two months. If the requests submitted by the User are manifestly unjustified or excessive, namely due to their repetitive nature, QS reserves the right to charge administrative costs or refuse to proceed with the request.
In case of data breach and to the extent that such breach is likely to result in a high risk to the rights and freedoms of the User, QS undertakes to notify the User of the personal data breach within 72 hours from the awareness of the incident. Input: In legal terms, communication to the User is not required in the following cases:• If QS has implemented appropriate protection measures, both technical and organizational, and these measures have been applied to the personal data affected by the personal data breach, especially measures that make the personal data incomprehensible to anyone unauthorized to access such data, such as encryption. • If QS has taken subsequent measures to ensure that the high risk to the rights and freedoms of the User is no longer likely to materialize; or • If communicating with the User requires a disproportionate effort for QS, QS will make a public communication or take a similar measure through which the User will be informed.
Input: QS reserves the right to change this Privacy Policy at any time. In the event of a change to the Privacy Policy, the date of the last change, available at the top of this page, will also be updated. If the change is substantial, a notice will be placed on the Site.
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 April 27, 2016, and by the applicable legislation and regulations in Portugal. Input: Any disputes arising from the validity, interpretation or execution of the Privacy Policy, or related to the collection, processing or transmission of User Data, must be submitted exclusively to the jurisdiction of the judicial courts of the district of the court of the district of Funchal, without prejudice to the applicable mandatory legal provisions.
Selecione as datas e tipo de quarto e disfrute de uma experiência única no coraçao da Ilha da Madeira!
Select your dates and room type and enjoy a unique experience in the heart of Madeira Island!
