Legal notice, Privacy, Remote contracting and Cookies
- Amàre Hotels Marbella
- Legal notice, Privacy, Remote contracting and Cookies
- PRIOR RECOMMENDATION:
In compliance with the duty of information provided for in Law 34/2002 on Information Society Services and E-Commerce (LSSI-CE) of 11 July, the following general information on this website is provided below.
- INTRODUCTION; IDENTIFYING DATA AND USERS:
- Company name: FUERTEGROUP S.L. (hereinafter AMÀRE HOTELS)
- Registered address: Avda Puerta del Mar nº 15, 29602 Marbella (Malaga) Registered in the Malaga Commercial Register in Volume 2500, Book 1413, folio 132, Section 8, Sheet MA-40981.
- Email: firstname.lastname@example.org Phone:952 824 411
- Data Protection Officer: email@example.com
- – Tourism and accommodation.
- Purpose of the website: to contact us, to request a quote or make bookings; find out about our activity.
The purpose of this document is to set out the general terms and conditions of use of the PORTAL, acceptance and compliance with which is mandatory for and person, professional and business (hereinafter the USER), who wish to make use of any current services that AMÀRE HOTELS provides through the PORTAL, or new services that it may provide in the future.
- USER OBLIGATIONS, USE OF THE WEBSITE, ITS SERVICES AND CONTENT;
The user undertakes to use the portal and its content and services without infringing current legislation, generally accepted uses and public order. It is prohibited to use the Website for purposes that are illegal or harmful to AMÀRE HOTELS or third parties that could in any way cause damage or prevent the normal use of the PORTAL.
AMÀRE HOTELS guarantees that the contents and services provided through the portal respect the principle of personal dignity, protection of youth and children, and non-discrimination on the grounds of race, sex, religion, opinion, nationality, disability or any other personal or social aspect. AMÀRE HOTELS reserves the right to remove any comments and contributions that break the law or do not respect the aforementioned principles.
These general PORTAL Usage Conditions do not grant the USER any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Portal and/or its content, other than those expressly provided for herein. Any content (information, sound and/or image files, photographs, designs, etc.) found on the portal are the property of AMÀRE HOTELS or are duly authorized for publication by their legitimate owners. AMÀRE HOTELS undertakes not to engage in misleading advertising and the following is therefore prohibited:
- Use for all kinds of commercial or advertising purposes, other than those strictly permitted.
- Its reproduction, publication, distribution or modification, in whole or in part, unless prior written permission has been obtained from the legitimate owners or it is permitted by law.
- Any violation of the rights of AMÀRE HOTELS or their legitimate owners.
- INTELLECTUAL AND INDUSTRIAL PROPERTY;
In any case, the USER acknowledges and accepts that all industrial and intellectual property rights over the Content and/or any other elements included on the portal belong to AMÀRE HOTELS, or due authorisation is held for their publication on this PORTAL. If any user or third party believes that there has been a violation of their legitimate intellectual property rights by the inclusion of certain content on the Website, AMÀRE HOTELS must be made aware of this circumstance, indicating:
- The personal data of the interested party who is the owner of the allegedly infringed rights, or indicating the representation with which he/she acts if the complaint is presented by a third party other than the interested party.
- Mark the contents protected by intellectual property rights and their location on the Website; provide accreditation of the aforementioned intellectual property rights and an express declaration in which the interested party assumes liability for the truthfulness of the information provided in the notification.
The PORTAL provides links to other websites and content that are owned by third parties. The only purpose of the links is to provide the user with the possibility of accessing them. AMÀRE HOTELS is not liable in any case for the results experienced by the user due to accessing these links.
Any user intending to establish any technical linking device from their website to the portal www.amarehotels.com must obtain prior written authorization from AMÀRE HOTELS. Establishing a link in no case implies the existence of relationships between the PORTAL and the owner of the website on which the link is established, nor the acceptance or approval by www.amarehotels.com of its content or services.
- UNILATERAL MODIFICATION AND DURATION;
AMÀRE HOTELS reserves the right to modify the presentation and configuration of the web PORTAL www.amarehotels.com and this legal notice at any time, without the need for prior notice.
- GUARANTEES AND LIABILITY DISCLAIMER;
AMÀRE HOTELS does not give any guarantee nor accepts any liability, in any case, for damages or injuries of any nature that could result from:
- The lack of availability, maintenance and effective functioning of the website and/or its services or content.
- The existence of viruses or malicious or harmful programs in the contents.
- Use of the Website or its services or content that is illegal, negligent or fraudulent; or contrary to these General Conditions, good faith, generally accepted uses or public order, by the users.
- PERSONAL DATA PROCESSING
- APPLICABLE LAW AND COMPETENT JURISDICTION
The website’s usage and data protection policies are governed by Spanish law. In the event of any dispute over the validity, execution, compliance or resolution of this website, FUERTEGROUP and the CUSTOMERS/USERS/CANDIDATES agree to submit to the jurisdiction of the courts and tribunals of Marbella, expressly waiving their own jurisdiction or any other that may correspond to them, as Marbella is where the owner of this website is domiciled and is, therefore, the place for meeting the obligations related to the data usage and protection policy. This contract is the complete and integral expression of the agreement between FUERTEGROUP and the CUSTOMER/USER/CANDIDATE and replaces all previous written and oral pacts, commitments, statements or agreements that may have previously existed between the two parties.
In relation to any dispute arising from the execution and fulfilment of the contract or services offered on this website, which cannot be resolved out of court, the courts and tribunals corresponding to the district in which the tourism establishment is located shall have jurisdiction. Information about this district is provided on this website, as it is the place of compliance with the obligation from which the dispute arises.
- ONLINE DISPUTE RESOLUTION PLATFORM
In accordance with the provisions of Article 40.5 of Law 7/2017 of 2 November, which transposes into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes, the following link is provided to allow you to easily and identifiably access the European Union’s online dispute resolution platform http://www.ec.europa.eu/consumers/odrwhere, in turn, among the dispute resolution organisations that appear on this European Union website can be found the Consumer Arbitration Board of the Autonomous Community of Andalusia, phone number +34 955006300 and website:http://www.consumoresponde.es/temas/arbitraje_de_consumo; email address: firstname.lastname@example.org.
- WITHDRAWAL INFORMATION
In accordance with the provisions of art. 103 (l) of Royal Legislative Decree 1/2007, of 16 November, on the General Consumer and User Defence Law, you are hereby informed that as the hotel accommodation service provides for a specific date or execution period, there is no right to withdraw from the accommodation contract once it has begun to be fulfilled.
If any User has any doubt about this legal notice or any comment about the website, he/she may write to email@example.com
PRIVACY AND REMOTE CONTRACTING POLICY
AMÀRE HOTELS has adapted this website to the requirements of Organic Law 3/2018, of December 5, on Personal Data Protection and the Digital Rights Guarantee (LOPDGDD), and also complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals (GDPR), as well as Law 34/2002, of 11 July, on Information Society Services and E-Commerce (LSSICE).
- Who is responsible for your data?
- Company name: FUERTEGROUP, S.L. (AMÀRE HOTELS), jointly responsible for processing, together with the hotel where you are staying. In the flight + hotel section there is an independent data controller.
- Registered in the Malaga Commercial Register in Volume 2500, Book 1413, folio 132, Section 8, Sheet MA-40981
- Email: firstname.lastname@example.org Phone:952 824 411
- Data Protection Officer: email@example.com
- Registered address: Avda. Puerta del Mar nº 15, 29602 Marbella (Malaga).
- How did we get your data?
The personal data that we process at AMÀRE HOTELS will never be specially protected data, with the exception of meeting special needs of guests staying at a hotel. In addition to the data processed as a result of the management of our activity, i.e. customers, suppliers and staff, we also process data that comes from:
- Contact forms: Name, email address, phone number and message.
- Booking form: Name, email address, phone number, booking dates, credit card details and connection details.
- Flight + hotel: Independent and successive data controller
- Club de Amigos: membership number
- Why do we process your personal data?
At AMÀRE HOTELS we process the information provided to us by interested parties for the following purposes:
- Contact. To contact you to reply to your message, in all cases using the email address to reply to you, or the supplied means of contact, including instant messaging.
- – To contract the hotel accommodation service, make payment and manage information, administrative, accounting and tax aspects arising therefore.
We process your personal data for other purposes:
- To provide a personalised accommodation contractual service, at the hotel where you are staying and at Fuertegroup’s head offices, and to handle any order or request that you might make (golf, events, Spa, transfers, etc.).Personal data will be processed for the purpose of invoicing and, if applicable, for any payment arrangements. The same applies to quality surveys.
- To meet the different legal obligations, and communicated to the Security Forces and Corps.
- For the security of the facilities and to be communicated to the competent public authorities if a possible infringement is detected. In the case of personnel, they will also be used for labour control and logistics management.
- To send you information and advertising, by any means (mail, SMS, telephone, letter, etc.) about group services related to accommodation, leisure, catering and real estate, unless you object. You can object by sending an email addressed to firstname.lastname@example.org.
- For Club de Amigos for loyalty purposes, to analyse and monitor your stays, personalise the services according to your preferences, and to send you information and advertising, by any means (email, SMS, phone, letter, etc.) about the group’s services related to accommodation, leisure, catering and real estate.
- For guests who have confirmed their booking, the data will be processed to conduct customer knowledge and preference surveys, including health data to the extent necessary to properly address their accommodation and dietary needs.
- On the company’s digital platforms (social media, website, etc.) to promote the group’s accommodation and leisure services, including the publication of images of the hotels and their activities with their consent or anonymously.
- For the management of the hotel’s free Wi-Fi system, they may only be used if a possible offence is detected or they are requested by the competent public authority.
- To support and improve the services offered by this website.
AMÀRE HOTELS does not sell, rent or transfer personal data that can identify the user to third parties without prior consent, nor will it do so in the future.
Accuracy and reliability of the data.- As a user or guest, you are solely responsible for the accuracy and correctness of the data that you send to us, exonerating AMÀRE HOTELS from any liability in this regard. In any case, the user guarantees and is responsible for the accuracy, validity and authenticity of the personal data that is provided and undertakes to keep them duly updated.
- For how long do we keep your data?
If you are a guest of AMÀRE HOTELS your data will be kept for the duration of the contractual relationship. Once the contract has ended, AMÀRE HOTELS will keep your personal data blocked for the statutory time period.
If they have been provided through our contact forms or contact email address, when the reason for the contact has terminated.
If the data is based on consent, until the withdrawal thereof.
Data related to legal obligations, for the statutory periods
In any case, we will retain your data to comply with applicable legal requirements, prevent unlawful actions, resolve disputes and for other actions permitted by law, to wit for the statutory time period. Once the processing of your data is no longer necessary, we will delete and/or block it in accordance with our data retention and deletion policy and the statutory time periods in accordance with current regulations. After these periods we will destroy your data.
- What is the lawful basis for processing your data?
The lawful basis for processing the data that you have provided as a user contacting us using our forms is your consent. The same applies to the Club de Amigos loyalty system.
The sending of commercial communications is based on legitimate interest
If you are a customer, the lawful basis for the processing of your data is our contractual relationship.
Communications to public authorities are made by legal obligation
Video surveillance is based on accomplishing a mission of public interest.
Revocability.– The consent given may be revoked at any time by notifying AMÀRE HOTELS under the terms established herein for exercising rights. This revocation shall not have a retroactive nature.
When you browse the website, we may collect non-identifiable data, which may include, IP addresses, geographical location (approximate), a record of how you use our services and websites, and other data that cannot be used to identify the user. Non-identifying data also include those related to your browsing habits, through third party services detailed in the Cookies section
We use this information to analyse trends, administer the site, track users’ movements around the site and gather demographic information about our user base as a whole.
- Data secrecy and security
AMÀRE HOTELS is committed to using and processing user data, including personal data, with respect for its confidentiality, and to use them in accordance with its purpose, as well as to meet the obligation to store them and adopt all measures to avoid their unauthorised alteration, loss, processing or access, in accordance with the stipulations of current data protection regulations.
It is not possible to guarantee the absolute impregnability of the Internet or that the data will not be violated by fraudulent accesses by third parties, but we have taken appropriate measures to prevent this as far as possible.
AMÀRE HOTELS will ensure that any person who is authorised by our company to process customer, candidate, subscriber or user data (including its staff, partners and suppliers) will be subject to an appropriate duty of confidentiality (either a contractual or legal duty).
Response to a security incident
In the event of a security incident with a scope or impact covered by regulations, AMÀRE HOTELS must notify the Customer or User without undue delay, and must provide appropriate information related to the security incident and/or the measures taken.
- To which recipients will your data be communicated?
To our external service providers for the management of the website, and in general for the purpose of performing these functions on behalf of AMÀRE HOTELS. And to the competent public authorities in order to meet legal obligations.
AMÀRE HOTELS hereby informs you that it will entrust processing to third parties in accordance with the GDPR and will require the data processor to comply with all data protection guarantees. All the utilities offered by third parties are strictly necessary for the performance of our services and have been selected in compliance with the rights we preserve on this website.
We inform you that your personal data may be communicated to recipients located in countries outside the European Economic Area, however, in these cases our supplier will be bound by agreements that comply with European and Spanish law. Specifically the following services:
- Analysis Services (Google Analytics):a web analytics service provided by Google, Inc. a Delaware company whose headquarters are at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”).Google Analytics uses “cookies”, which are text files saved on your computer, to help AMÀRE HOTELS analyse how users use the website: user preferences, demographics, and traffic patterns. The information generated by the cookie about your use of www.globalprotectiongate.com (including your IP address) will be transmitted to and stored by Google on servers in the United States. More information in the Cookies section
AMÀRE HOTELS uses the following suppliers under their corresponding privacy conditions to perform our website activity:
- Hosting: Ibermática, DataRush or Raiola Networks, depending on the group’s website
There are other companies that provide direct services to AMÀRE HOTELS (consultancy, IT, legal, data protection services, etc.) that may have access to personal information needed to perform their service functions as data processors, but may not use it for other purposes and always in compliance with applicable data protection legislation.
- What rights do you have when you send us your data?
You can exercise your rights under the GDPR free of charge with AMÀRE HOTELS. In other words, you may exercise your rights of access, rectification, erasure, opposition, portability and restriction by any means that allows the sending and receipt of your request to be accredited.
The request should be addressed to AMÀRE HOTELS, using the data included in the “data controller” section, or by writing to the email email@example.com. The reference “Data Protection” must be stated. The request must include: Your name, last names and photocopy of your ID card, your specific request and address for notification purposes. You may file a complaint with the supervisory authority, in this case the Spanish Data Protection Agency (www.aepd.es), if you believe that the processing of your personal data infringes the Regulation.
- What are the remote contracting conditions?
Accessing the website does not in any way imply the existence of a commercial relationship between the user and the company. The website only provides information about the hotel vacancies at the time of requesting the aforementioned information, so if you make a booking online you are contracting directly with the hotel and not the website. The printed version of the booking serves as a reference number when you arrive at the hotel.
Booking hotel nights on this website implies that the guest adheres to and accepts each and every one of the general terms and conditions set out herein.
By accepting the following clauses, you declare and accept:
- That you are of legal age and have full capacity to make the booking. You state that you understand and comprehend all of the terms and conditions found on the website.
- That the data supplied when you make the online booking are true, complete and concise.
- Only those pages shown on the site map are included on the website.
- That access to this website is the responsibility of the user
- That once the booking has been made, the electronic document formalising the booking will be archived and you will be able to access it at any time.
- That you confirm the booking that has been made, i.e. the stated dates, the number of rooms, people and the selected hotel.
- The booking conditions and price are those expressly stated in the tariff terms and conditions expressly included on the page where you make the booking.
- As regards the relationship with the website, it offers you the possibility to book rooms in the selected hotel through its website, but it does not offer any kind of hotel services under its responsibility.
- That your card details are collected for the purposes of guaranteeing the booking. Payment for the booking will be effectively made at the selected hotel, and the booking will only be cancelled and the charge stipulated in the tariff conditions will only be made in the event of cancellations or no-shows.
- Offers shall only be valid for the time that they remain access to the service recipients.
- In accordance with the provisions of art. 103 (l) of Royal Legislative Decree 1/2007, of 16 November, on the General Consumer and User Defence Law, you are hereby informed that as the hotel accommodation service provides for a specific date or execution period, there is no right to withdraw from the accommodation contract once it has begun to be fulfilled.
What is a cookie?
A “cookie” is a small amount of text that is stored in your browser (such as Google Chrome or Apple Safari) when you browse most websites.
What a cookie is not.
It’s not a virus, Trojan, worm, spam, spyware, or a pop-up window opener.
What information does a cookie store?
Cookies do not usually store sensitive information about you, such as credit card or bank details, photographs or personal information, etc. The data they do store is of a technical nature ore related to statistics, personal preferences, content personalisation, etc.
The web service does not associate with you as a person, but rather with your web browser. In fact, if you regularly browse using the Chrome browser and try browsing the same website with the Firefox browser, you will see that the website does not realise that you are the same person because the information is associated with the browser, not the person.
What types of cookies exist?
- Technical cookies: These are the most basic cookies and, among other aspects, provide information about whether a human or automated application is browsing, when an anonymous or registered user is browsing, and basic tasks for the operation of any dynamic website.
- Analysis cookies: These cookies gather information about your type of browsing, the sections that you use the most, consulted products, time zone, language, etc.
- Advertising Cookies: These cookies display advertising based on your browsing, your country of origin, language, etc.
What are own and third-party cookies?
Own cookies are those generated by the page you are visiting and third party cookies are those generated by external services or providers such as, ActiveCampaign, Mailchimp, Mailrelay, Facebook, Twitter, Google adsense, etc.
What cookies does this website use?
This website uses its own and third party cookies. The following cookies are used on this website:
Technical and functional
|amarehotels.com||_icl_current_language||Used to remember the language selected by the user and to display content in that language while he/she is browsing||20 hours|
|amarehotels.com||PHPSESSID||Cookies generated by applications based on the PHP language. This is a general purpose identifier used to maintain user session variables. It is normally a randomly generated number. Its use can be site-specific, but a good example is keeping a session open between pages when a user logs in.||Session|
|google.com||CONSENT||Google cookie consent tracker||17 years|
|google.es||CONSENT||Google cookie consent tracker||17 years|
|youtube.com||CONSENT||Google cookie consent tracker||17 years|
|youtube.com||PREF||This cookie stores your preferences and other information, specifically your preferred language, how many search results you’d like to see on your page, and whether or not you’d like to enable the Google SafeSearch filter.||2 years|
|youtube.com||YSC||Records a unique identifier to keep statistics on what YouTube videos the user has watched.||Session|
|amarehotels.com||_ga||ID used to identify users||2 years|
|amarehotels.com||_gid||ID used to identify users for 24 hours after the last activity||20 hours|
|google.com||__Secure-3PAPISID||These cookies are used to show ads that are more relevant to you and your interests.||2 years|
|google.com||__Secure-3PSID||These cookies are used to show ads that are more relevant to you and your interests.||2 years|
|google.es||__Secure-3PAPISID||These cookies are used to show ads that are more relevant to you and your interests.||2 years|
|google.es||__Secure-3PSID||These cookies are used to show ads that are more relevant to you and your interests.||2 years|
|youtube.com||__Secure-3PAPISID||These cookies are used to show ads that are more relevant to you and your interests.||2 years|
|youtube.com||__Secure-3PSID||These cookies are used to show ads that are more relevant to you and your interests.||2 years|
|bing.com||MUID||Identifies unique web browsers that visit Microsoft sites. These cookies are used for advertising, site analysis, and other operational purposes.||11 months|
|criteo.com||uid||Contains a unique identifier to identify a user||11 months|
|doubleclick.net||IDE||This cookie is used for the targeting, analysis and optimisation of advertising campaigns in DoubleClick / Google Marketing Suite||11 months|
|facebook.com||fr||It contains a unique browser and user ID, which is used for targeted advertising.||3 months|
|amarehotels.com||_fbp||Used by Facebook to offer a range of products such as advertising and real-time offers from third party advertisers||3 months|
|google.com||1P_JAR||These cookies are established through embedded youtube videos. They record anonymous statistical data on aspects such as how often the video is played and its playback settings.||one month|
|google.com||ANID||Google uses these cookies to make advertising more attractive to users and more valuable to publishers and advertisers||11 months|
|google.com||APISID||Downloads certain Google tools and saves certain preferences, such as the number of search results per page and whether the SafeSearch filter has been activated. Adjusts the ads displayed in Google searches.||2 years|
|google.com||HSID||Downloads certain Google tools and saves certain preferences, such as the number of search results per page and whether the SafeSearch filter has been activated. Adjusts the ads displayed in Google searches.||2 years|
|google.com||NID||These cookies are used to compile website statistics and to track conversion rates and the personalisation of Google ads||7 months|
|google.com||SAPISID||Downloads certain Google tools and saves certain preferences, such as the number of search results per page and whether the SafeSearch filter has been activated. Adjusts the ads displayed in Google searches.||2 years|
|google.es||NID||These cookies are used to compile website statistics and to track conversion rates and the personalisation of Google ads||6 months|
|yandex.ru||i||Records user data, such as the IP address, geographical location, visited websites and ads that the user has clicked on, in order to optimise ads that are displayed based on the relocation of users on websites that use the same ad network.||10 years|
|youtube.com||VISITOR_INFO1_LIVE||Try to estimate the bandwidth of users on YouTube pages with embedded videos.||3 months|
THIRD PARTY COOKIES
External suppliers of this website:
|Bing / Microsoft||https://account.microsoft.com/privacy|
HOW TO MANAGE COOKIES FROM YOUR BROWSER
|Delete cookies from the device||Cookies that are already on a device can be deleted by clearing the browser history, which deletes the cookies from all visited websites.
However, part of the saved information (e.g. login data or website preferences) can also be lost.
|Manage site-specific cookies||For more precise control over each site-specific cookie, users can change their privacy and cookie settings in the browser.|
|Blocking cookies||Although most modern browsers can be set to prevent cookies from being installed on devices, this may require you to manually set certain preferences each time you visit a website or page. In addition, some services and characteristics may not work properly (such as profile logins).|
HOW TO DELETE COOKIES FROM THE MOST COMMON BROWSERS
|Internet Explorer. Version 11||https://support.microsoft.com/es-es/help/278835/how-to-delete-cookie-files-in-internet-explorer|
|Firefox. Version 65.0.1||https://www.mozilla.org/es-ES/privacy/websites/#cookies|
|Safari Version 5.1||https://support.apple.com/es-es/guide/safari/sfri11471/mac|
More information about cookies
If you want to have greater control over the installation of cookies, you can install programs or browser plug-ins, known as “Do Not Track” tools, which allow you to choose which cookies you want to allow.