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PT Last Modified: May 24, 2018
1.1. COLLECTION AND TREATMENT OF USER DATA
In the website available at https://www.madeira-levada-walks.com and in the services available there, Madeira Explorers, Turismo de Lazer, Lda with headquarters at Estrada Monumental 284, C.C. Monumental Experience, 1 floor store 24 , registered with at the Commercial Trade Office of Funchal, with the Registration and Identification Number of Collective Person 511 228 953, may request personal data. As a rule, personal data is requested only when the user makes a reservation or a questionnaire.
1.2. SUBCONTRACTED ENTITIES
As part of the processing of the User Data, Madeira Explorers uses or may resort to third parties, subcontracted by itself, to, on behalf of Madeira Explorers, and in accordance with the instructions given by Madeira Explorers, to process User Data , in strict compliance with the provisions of the law and this Privacy Policy.
These subcontracted entities may not transmit the User Data to other entities without Madeira Explorers having given prior written authorization to do so and are also prevented from contracting other entities without prior authorization from Madeira Explorers.
All entities subcontracted by Madeira Explorers shall be bound by the latter by means of a written agreement in which the subject and duration of the treatment, the nature and purpose of the processing, the type of personal data, the categories of data and the rights and obligations of the parties.
When collecting personal data, Madeira Explorers provides the User with information about the categories of subcontracted entities that, in this case, can process data on behalf of Madeira Explorers.
1.3. DATA COLLECTION CHANNELS
Madeira Explorers only collects data when the client performs a questionnaire or reservation through our email, website and online form.
2. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA
In terms of general principles regarding the processing of personal data, Madeira Explorers undertakes to ensure that the User Data processed by us are:
• Object of a lawful, fair and transparent treatment with respect to the User;
• Collected for specific, explicit and legitimate purposes and not subsequently treated in a manner incompatible with those purposes;
• Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
• Accurate and up-to-date whenever necessary, and all appropriate measures are taken to ensure that inaccurate data, taking into account the purposes for which they are processed, are erased or rectified without delay;
• Preserved in a way that allows the identification of the User only for the period necessary for the purposes for which the data is processed;
• Treaties in a manner that ensures their safety, including protection against unauthorized or unlawful treatment and loss, destruction or accidental damage, and appropriate technical or organizational measures are taken.
Data processing performed by Madeira Explorers is legal when at least one of the following situations occurs:
You have given your explicit consent to the processing of User Data for one or more specific purposes;
• The processing is necessary for the fulfillment of a legal obligation to which Madeira Explorers is subject;
• Treatment is necessary for the defense of vital interests of the User or another person / identity;
• The processing is necessary for the legitimate interests pursued by Madeira Explorers or by third parties (except if the interests or fundamental rights and freedoms of the User that require the protection of the personal data prevail).
Madeira Explorers undertakes to ensure that User Data processing is only done under the conditions set forth above and with respect to the above principles.
When the User Data is processed by Madeira Explorers based on the consent of the User, the User has the right to withdraw his consent at any time. The withdrawal of consent, however, does not compromise the legality of the treatment made by Madeira Explorers based on the consent previously given by the User.
The length of time during which the data is stored varies according to the purpose for which the information is processed.
Effectively, there are legal requirements that require us to retain the data for a minimum period of time. Thus, and where there is no specific legal
requirement, the data will be stored and kept only for the minimum period necessary for the purposes that led to their collection or subsequent processing, after which they will be eliminated.
3. USE AND PURPOSES OF THE USER DATA PROCESSING
In general terms, Madeira Explorers uses the User Data for the following purposes:
- Reply to the user and answer the questions made by the user.
- Confirmation of reservation request and essential information for the client.
User Data collected by Madeira Explorers is not shared with third parties without the consent of the User. However, in the event that the User contracts with Madeira Explorers services that are provided by other entities responsible for the processing of personal data, the User Data may be consulted or accessed by such entities, to the extent that it is necessary for the provision of the services.
Under applicable legal terms, Madeira Explorers may transmit or communicate the User Data to other entities in the event that such,
transmission or communication is necessary for the execution of the contract established between the User and Madeira Explorers. Or for pre- contractual procedures on request if it is necessary for the fulfillment of a legal obligation to which Madeira Explorers is subject or in case it is necessary for the purpose of pursuing the legitimate interests of Madeira Explorers or a third party. In the event of a transmission of User Data to third parties, we will make reasonable efforts to have the transmitter use the transmitted User Data in a manner consistent with our Privacy Policy.
4. IMPLEMENTED TECHNICAL, ORGANIZATIONAL AND SECURITY MEASURES
In order to ensure the security of User Data and maximum confidentiality, we treat the information you have provided in a confidential manner, in accordance with our internal security and confidentiality policies and procedures, which are updated periodically as required, as well as accordance with the terms and conditions legally set forth.
Depending on the nature, scope, context and purpose of the data processing, as well as the risks arising from the treatment of the rights and
freedoms of the User, Madeira Explorers undertakes to apply, both when defining the means of treatment as well as 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 is necessary for each specific purpose of treatment is processed and that such data are not made available without human intervention to an indeterminate number of persons.
In terms of general measures, Madeira Explorers adopts the following:
• Regular audits to assess the effectiveness of the technical and organizational measures implemented;
• Sensitization and training of personnel involved in data processing operations;
• Pseudonymization and encryption 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 OUT OF THE EUROPEAN UNION
Personal data collected and used by Madeira Explorers is not available to third parties established outside the European Union. If, in the future, this transfer takes place for the above reasons, Madeira Explorers undertakes to ensure that the transfer complies with the applicable legal provisions, in particular as regards the determination of the country's suitability as regards data protection and the requirements applicable to such transfers.
6. USE OF COOKIES
Cookies are small information files that are sent to your computer or mobile phone when you visit a website. Cookies are sent back to the originating site on each subsequent visit or to another site, which recognizes this cookie. Cookies are useful because they allow a site to recognize the user's device, allowing you to navigate the pages efficiently, remembering your preferences and improving the user experience in general.
Some of the cookies issued by the server will only have the duration of the
session and will expire when you quit the browser.
Other cookies are used to remember when a user returns to a site and has a longer duration.
Most browsers automatically accept cookies. You can modify your browser's configuration to not accept or to be notified each time a cookie is created. You can get more information about cookies, including how to view the cookies that were created on your device and how to manage or delete them using different types of browsers, at www.allaboutcookies.org.
The ability to activate, deactivate or delete cookies can also be done in your browser. To do this, follow the instructions in your browser (usually located in the "Help", "Tools" or "Edit" options). Disabling a cookie or a cookie category does not delete the cookie from your browser, so you need to do the deletion manually.
7. RIGHT TO INFORMATION
7.1 Information provided to the User by Madeira Explorers: • The identity and contacts of Madeira Explorers responsible for the treatment and, if applicable, of its representative;
• The purposes of the treatment to which the personal data are intended, as well as, if applicable, the legal basis for treatment;
• If the processing of the data is based on the legitimate interests of Madeira Explorers or a third party, an indication of such interests;
• Where applicable, the recipients or categories of recipients of personal data;
• If applicable, indication that personal data will be transferred to a third country or an international organization, and whether or not there is a compliance decision adopted by the Commission or reference to appropriate or appropriate transfer guarantees
• Deadline for the preservation of personal data;
• The right to request from Madeira Explorers the access to personal data, as well as its rectification, deletion or limitation, the right to object to the treatment and the right to portability of the data;
• If the processing of the data is based on the consent of the User, the right to withdraw consent at any time, without compromising the lawfulness of the treatment made based on the consent given previously;
• If the processing of the data is based on the consent of the User, the right to withdraw consent at any time, without compromising the lawfulness of the treatment made based on the consent given previously;
• Indication whether the disclosure of personal data constitutes a legal or contractual obligation, or a requirement to conclude a contract, and whether the holder is required to provide the personal data and any consequences of not providing such data;
• If applicable, the existence of automated decisions, including the definition of profiles, and information regarding the underlying logic, as well as the importance and expected consequences of such processing for the data subject.
• In the event that the User Data is not collected directly by Madeira Explorers from the User, in addition to the information referred to above, the User is further informed of the categories of personal data being processed, as well as the origin of the data and possibly derived from sources accessible to the public
• If Madeira Explorers intends to carry out further processing of the User Data for a purpose other than that for which the data was collected, prior to such treatment, Madeira Explorers will provide the User with information on this purpose and any other pertinent information, pursuant to above.
7.2 Procedures and measures implemented to fulfill the right to information:
The information referred to in 7.1. is provided in writing (including by electronic means) by Madeira Explorers to the User prior to the processing of personal data in question. In accordance with applicable law, Madeira Explorers is under no obligation to provide the User with the information mentioned in 7.1 when and to the extent that the User is already aware of them. The information is provided by Madeira Explorers for free.
8. RIGHT TO ACCESS PERSONAL DATA
Madeira Explorers guarantees the means by which the User can access your Personal Data.
The User has the right to obtain from Madeira Explorers the confirmation that the personal data concerning him is treated or not and, as the case may be, the right of access to his personal data and the following information:
• The purposes of data processing;
• The categories of personal data in question;
• The addressees or categories of recipients to whom personal data have been or will be disclosed, in particular to recipients established in third countries or belonging to international organizations;
• The period of conservation of personal data;
• Right to request from Madeira Explorers the rectification, erasure or limitation of the processing of personal data, or the right to oppose such treatment;
• Right to file a complaint with the CNPD or other supervisory authority;
• If the data has not been collected from the User, the available information on the origin of such data;
• The existence of automated decisions, including the definition of profiles, and information on the underlying logic, as well as the importance and expected consequences of such treatment 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, Madeira Explorers will provide the User, free of charge, with a copy of the User Data that is being processed. The provision of other copies requested by the User may entail administrative costs.
Under applicable legal terms, Madeira Explorers is under no obligation to delete User Data to the extent that the processing proves necessary to comply with a legal obligation to which Madeira Explorers is subject or for the purposes of declaration, exercise or defense of Madeira Explorers' right in a judicial proceeding.
9. PROCEDURES AND EXERCISE OF THE RIGHTS BY THE USER
The right of access, right of rectification, right of erasure, right to limitation, right of portability and right to opposition can be exercised by the User through contact with Madeira Explorers, through the email www.madeira-explorers.com
Madeira Explorers will respond in writing (including by electronic means) to the request of the User within a maximum of one month from the receipt of the request, except in cases of special complexity, where this period may be extended by up to two months.
If the applications presented by the User are manifestly unfounded or excessive, in particular because of their repetitive nature, Madeira Explorers reserves the right to charge administrative costs or refuse to comply with the request.
10. VIOLATIONS OF PERSONAL DATA
In the event of a breach of data and to the extent that such breach is likely to pose a high risk to the rights and freedoms of the User, Madeira Explorers undertakes to report the breach of personal data to the User in question within 72 hours from the knowledge of the incident.
In legal terms, communication to the User is not required in the following cases:
• If Madeira Explorers has applied appropriate technical and organizational protection measures and these measures have been applied to personal data affected by the violation of personal data, especially measures that make personal data incomprehensible to any unauthorized person to access them such as encryption;
• If Madeira Explorers 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 communication to the User implies a disproportionate effort for Madeira Explorers. In this case, Madeira Explorers will make a public communication or take a similar action through which the User will be informed.
11. AMENDMENTS TO PRIVACY POLICY
Madeira Explorers reserves the right to change this Privacy Policy at any time. In case of modification of the Privacy Policy, the date of the last change, available at the top of this page, is also updated. If the change is substantial, a notice will be placed on the Site.
12. APPLICABLE LAW
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 27 April 2016 and applicable laws and regulations in Portugal.
