1. GENERAL PROVISIONS
   
   

• USER DATA COLLECTION AND PROCESSING

In connection to the website made available and hosted at (hereinafter referred to as “Website”), along with any information and means of contact integrated therein, Carvoeiro Golfe, S.A., with registered office at Empreendimento do Gramacho, Lot 4, Edifícios de Escritórios, section 1011, 8400 – 080, Estômbar, and with Tax ID Number 501276084, as the party responsible for the processing of personal data (hereinafter referred to as “CARVOEIRO GOLFE”), may request and process certain personal data from the User.

Personal data should be understood as meaning any information of any nature, regardless of its support, including sound and image, relating to an identified or identifiable natural person (“Data Subject” or “User”). An identifiable natural person is understood as a person who can be identified directly or indirectly, in particular with reference to an identification number or to more specific elements of their physical, physiological, mental, economic, cultural or social identity.

• PERSONAL DATA COLLECTED

Through this Privacy Policy, CARVOEIRO GOLFE aims to provide detailed information to the User regarding the nature and data collected, the purposes and the processing operations regarding the personal data.

The personal data collected and processed may include information regarding name, email address along with any other information that the User may place in a designated field for such a purpose.

CARVOEIRO GOLFE also collects and processes information about the User’s hardware and software, as well as information about the pages visited by the User within the Website. This information may include: browser type, domain name, access times, and the links through which the User has accessed the Website (“Usability Information”). This information is only used to improve the quality of the User’s visit to the Website.

CARVOEIRO GOLFE may collect the User’s personal data through cookies and other tracking technologies. The use of cookies by CARVOEIRO GOLFE is regulated in our Cookies Policy available here.

• DATA PROCESSORS AND DATA SHARING WITH THIRD PARTIES

Regarding the processing of the User’s personal data, CARVOEIRO GOLFE resorts or may resort to third parties, subcontracted by it, so that, on behalf of CARVOEIRO GOLFE, and in accordance with the instructions given by the latter, they may process the User’s data, in strict compliance with the provisions of the General Regulation on Data Protection (hereinafter, “GDPR”) and of other additional applicable legislation.

Any data processor may not transmit the Data Subject’s data to other entities without CARVOEIRO GOLFE’s prior written authorization.

CARVOEIRO GOLFE shall only subcontract entities that demonstrate sufficient guarantees for the execution of adequate technical and organizational measures, in order to uphold the User’s rights. All entities subcontracted by CARVOEIRO GOLFE will be bound to the latter through a written contract that will regulate, namely, the scope, duration, the nature and purpose of the processing, the type of personal data, the categories of data subjects and the rights and obligations of both parties.

Under the applicable legal terms, CARVOEIRO GOLFE may transmit or communicate the User’s personal data to other entities, in the event that such a transmission or communication is necessary for the execution of the contract established between the Data Subject and CARVOEIRO GOLFE, for any pre-contractual diligences at the User’s request, for the fulfilment of a legal obligation to which CARVOEIRO GOLFE is subject to or for the pursuit of any of the legitimate interests of CARVOEIRO GOLFE or of a third party. This may include communicating your personal data to companies within the Pestana Group, when such communication is legally permissible.

If the User contracts with CARVOEIRO GOLFE for services that are rendered by other data controllers, the User’s personal data may be consulted or accessed by those data controllers, insofar as such is necessary for the rendering of said services.

• DATA COLLECTION CHANNELS

CARVOEIRO GOLFE directly collects personal data, this meaning that personal data is collected directly from the Data Subject.

1. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF THE USER’S DATA

In terms of general principles relating to the processing of personal data, CARVOEIRO GOLFE is committed to ensuring that the User’s data that it processes is:

• Processed in accordance with the law, as well as being fair and transparent in relation to the User;
• Collected for specified, explicit and legitimate purposes, not being processed subsequently in any way that runs contrary to these purposes;
• Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
• Accurate and updated when necessary, with every reasonable step being taken to ensure that inaccurate data, considering the purposes for which they are processed, is erased or rectified without delay;
• Only retained in a form that allows for the identification of the User only for a necessary time period and for the purposes for which the data is processed;
• Handled in a manner that ensures security, including protection against unauthorized or unlawful processing and accidental loss, destruction or unforeseen damage, with appropriate technical and/or organizational measures being taken on this matter.

CARVOEIRO GOLFE undertakes to guarantee that the User’s data is only processed under the conditions listed above and respecting the principles.

The period during which the data is stored and retained varies according to the purpose for which it is processed. There are legal requirements that mandate data to be kept for a minimum period. Therefore, and whenever there is no specific legal requirement, data will be stored and kept only for the minimum period necessary to achieve the purposes for which it was collected and subsequently processed, after which it will be deleted.

When you contact us expressing an interest in one of our projects, your data will be processed for as long as is necessary to fulfil your requests and to comply with our legal data retention obligations.

• USE AND PURPOSES OF USER DATA PROCESSING

In general terms, CARVOEIRO GOLFE shall use the User’s personal data for the following purposes:

• Providing the User with any information relating to the ongoing project;
• When consent for it is granted, sending marketing communications about any and all real estate projects of the Pestana Hotel Group;
• Managing contacts with the User;
• Ensuring that the Website meets the User’s needs, by developing and publishing content that is as adapted as possible to the User’s requests and type, by improving the Website’s search capabilities and functionalities, and by obtaining aggregate or statistical information about the User’s profile.

Furthermore, CARVOEIRO GOLFE may equally contact representatives of business clients, for the purpose of presenting CARVOEIRO GOLFE’s projects, which represents a legitimate interest for CARVOEIRO GOLFE, without prejudice to the right to object to the data processing at any time.

• IMPLEMENTED TECHNICAL, ORGANIZATIONAL AND SECURITY MEASURES

In order to guarantee the security of the User’s personal data and its maximum confidentiality, CARVOEIRO GOLFE handles the information which has been provided with in an absolutely confidential manner, in accordance with its internal security and confidentiality policies and procedures, which are periodically updated according to its needs, as well as in accordance with legally mandated terms and conditions.

Depending of the nature, scope, context and purposes of data processing, as well as the risks for the User’s rights and freedoms arising from the processing, CARVOEIRO GOLFE undertakes to apply, both at the time of defining the means of processing and at the time of the processing itself, the necessary and adequate technical and organizational measures to protect the User’s data and to comply with any legal requirements.

CARVOEIRO GOLFE further undertakes to ensure that, as a principle, only necessary data for each specific processing purpose is processed and that such data is not made available without human intervention to an indefinite number of persons.

In terms of general measures, CARVOEIRO GOLFE adopts the following:

• Regular audits to identify the effectiveness of the implemented technical and organizational measures;
• Awareness 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 capable of ensuring the timely restoration of information systems and access to personal data in the event of a physical or technical incident.

• DATA TRANSFERS TO THIRD COUNTRIES

The processing operations associated with the Data Subject’s interaction with the Website shall not involve data transfers or the processing thereof outside the European Economic Area.

However, should it become necessary to transfer the User’s data outside the European Economic Area, for example, in the context of using certain providers of computer systems support services, CARVOEIRO GOLFE will implement the necessary measures to ensure that these transfers comply with applicable legislation, namely Chapter V of the GDPR, and that an essentially equivalent level of protection is guaranteed for the Data Subject’s personal data. This may be achieved, for example, by ensuring the existence of an Adequacy Decision of the European Commission relating to the destination country or by resorting to Standard Contractual Clauses and, if necessary, by implementing additional measures.

1. USER RIGHTS (DATA SUBJECTS) AND DATA BREACH

• PROCEDIMENTOS COM VISTA AO EXERCÍCIO DOS DIREITOS PELO UTILIZADOR

The right of access, the right to rectification, the right to erasure, the right to restriction of processing, the right to data portability, the right to object and/or the right to withdraw consent may be exercised by the User by contacting CARVOEIRO GOLFE through the platform made available at: https://pestanahotelgroup.atlassian.net/servicedesk/customer/portal/5.

When the processing of the User’s personal data is carried out by CARVOEIRO GOLFE on the basis of the User’s consent, the User has the right to withdraw his/her consent at any time. The withdrawal of consent, however, does not compromise the lawfulness of the processing, carried out by CARVOEIRO GOLFE, based on the consent previously given by the User.

The table below contains a summary of the rights of the Data Subjects, as referred to in the paragraphs above.

CARVOEIRO GOLFE will respond, in writing (including by electronic means), to the User’s request without unjustified delay and, in any case, within a maximum period of one month from the reception of the request, except in cases of special complexity or if there is a large amount of requests to respond to, in which case this period may be extended for up to two months.

If the requests made by the User are manifestly unfounded or excessive, especially due to their repetitive nature, CARVOEIRO GOLFE reserves the right to charge administrative costs or to refuse compliance with said requests.

Without prejudice to any other means of administrative or judicial recourse, the Data Subject has the right to file a complaint with the National Commission for Data Protection or with another competent supervisory or regulatory agency under the terms of the law, should they consider that their data is not being lawfully processed by CARVOEIRO GOLFE under the terms of applicable legislation and/or this Policy.

• VIOLAÇÕES DE DADOS PESSOAIS

In the event of a personal data breach, and insofar as such breach is likely to involve a high risk to the User’s rights and freedoms, CARVOEIRO GOLFE undertakes to report the personal data breach to the Supervisory Authority within 72 hours of becoming aware of its occurrence.

Additionally, CARVOEIRO GOLFE will communicate this data breach to the User when it is required by law or when CARVOEIRO GOLFE deems it to be relevant. Under the law, such a communication to the User is not required in the following cases:

• In case CARVOEIRO GOLFE has implemented appropriate protection measures, both technical and organizational, to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorized to access it, such as encryption;
• In case CARVOEIRO GOLFE has taken subsequent measures ensuring that the high risk to the rights and freedoms of the User is no longer likely to materialize; or
• In case a notification to the User would imply a disproportionate effort on behalf of CARVOEIRO GOLFE. In such a case, CARVOEIRO GOLFE will make a public communication or take a similar action by which the User will be informed.

1. FINAL PROVISIONS

• QUESTIONS

If you have any questions related to the way CARVOEIRO GOLFE handles Users’ personal data, please contact the Data Protection Officer at dpo@pestana.com.

You may also contact CARVOEIRO GOLFE directly, using the forms available in the Website.

In addition, you can contact CARVOEIRO GOLF via email at info@pestanaresidences.com or by calling the telephone number (+351) 934 409 283 (national mobile call).

• APPLICABLE LAW AND LEGAL JURISDICTION

The Privacy Policy, as well as the collection, processing and/or transmission of Users’ personal data, is governed by the provisions of the GDPR and by the laws and regulations applicable in Portugal, the GDPR Execution Law.

Any litigation arising from the validity, interpretation and/or execution of this Privacy Policy, or that are related with the collection, processing or transmission of the User’s data, shall be submitted exclusively to the jurisdiction of the judicial courts of the district of CARVOEIRO GOLFE’s head office, without prejudice to the applicable mandatory legal rules.

• AMENDMENTS TO THE PRIVACY POLICY

CARVOEIRO GOLFE reserves the right to make changes to the present Privacy Policy at any time. In case of its modification, the date of the last modification, available at the top of this page, is also updated. In case the modification is substantial, a notice will be placed on the Website.

Atualizado em 23/01/2024