Legal Notice

Privacy Policy & Terms of Use of the Website

CONDITIONS OF USE AND CONTRACTING OF THIS WEBSITE papagayobeachclub.com

In compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce and in accordance with the General Data Protection Regulation (RGPD), the identifying details of the owner of the Web Portal on which you are browsing are:

Owner: Restensur, S.L. (hereinafter, Papagayo Beach Club) with registered address: CL/ Eucaliptus 15, Edf. Eucaliptus II Los Cristianos 38650 – Arona.

Registered in the Mercantile Register of Tenerife in Volume 2.763 of the General Section of INSCRIPTION 1ª , folio 67, Page TF-37.944.
CIF: B-38839742
Telephone number: 922 79 35 38 / 620 26 31 06
Email: [email protected]

1. Purpose and acceptance

This legal notice regulates the use of the website: www.papagayobeachclub.com. Browsing the website www. papagayobeachclub.com confers the condition of user of the same and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may undergo modifications. The User undertakes to make proper use of the Web site in accordance with the laws, good faith, public order, traffic uses and this Legal Notice. The User shall be liable to RESTENSUR and to third parties for any damages that may be caused as a result of non-compliance with this obligation.

2. Conditions of access and use

The Website and its services are freely accessible and free of charge. The User guarantees the authenticity and timeliness of all data provided to RESTENSUR and shall be solely responsible for any false or inaccurate statements made. The User expressly undertakes to make appropriate use of the content and services offered and not to use them for: a) Disseminating criminal, violent, pornographic, racist, xenophobic, offensive, terrorist apology or, in general, against the law or public order. b) Introduce into the network computer viruses or carry out actions that may alter, damage, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of RESTENSUR or third parties; as well as hinder the access of other Users to the Website and its services. c) Attempt to access restricted areas of the computer systems of RESTENSUR or third parties and, if applicable, extract information. d) Infringe intellectual or industrial property rights, as well as violate the confidentiality of RESTENSUR’s or third parties’ information. e) Impersonate another User, a public administration or a third party. f) Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless authorised by the holder of the corresponding rights or it is legally permitted g) Collect data for advertising purposes and send advertising of any kind and communications for sales purposes or other commercial purposes without prior request or consent. All contents of the Website, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to RESTENSUR, and none of the exploitation rights over them may be understood to be transferred to the User beyond what is strictly necessary for the correct use of the Website. In short, users accessing this Website may view the contents and make, where appropriate, authorised private copies, provided that the elements reproduced are not subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to any type of exploitation. Likewise, all trademarks, names or distinctive signs of any kind that appear on the Website are the property of RESTENSUR, and it may not be understood that the use of or access to the Website grants the User any right over them. The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorised by the holder of the exploitation rights are prohibited.

3. Privacy policy

When we need to obtain information from you, we will always ask you to provide it voluntarily and expressly through the data collection forms on the website. In the event that the user provides personal data of persons other than the user, he/she undertakes to previously inform the persons whose personal data he/she provides of the content of this data protection policy, providing them, if necessary, with a printed copy of the same. Likewise, when the data refers to a minor and is provided by the minor, RESTENSUR shall assume that the minor has the consent of the legal guardians, and shall be exempt from any liability for failure to comply with this requirement. In accordance with the provisions of art. 4 of the LOPDGDD, the user undertakes to provide true, accurate, complete and updated data, so that they are truthful and respond to the real situation of the user. The data collected through the forms and e-mails that you send us requesting information about our services will be incorporated into an automated personal data file with the name “WEB USERS” for which RESTENSUR is responsible and which will treat the data confidentially and exclusively for the purpose of offering the requested services and sending information about our services and projects, with all the legal and security guarantees imposed by the Data Protection Regulation (EU) 2016/679 RGPD, the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights LOPDGDD and the Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce LSSI-CE.

Purpose For what purposes do we process your data?

RESTENSUR informs the User of the existence of a personal data processing created with the data obtained on the website by and for RESTENSUR and under its responsibility.

PURPOSES OF PROCESSING

To enable users to browse the website, thus allowing access to the information and content available on the Platform.
Contacting the user, responding to requests, petitions or queries that may arise from the use of the different forms on the Platform.
To adopt all applicable protection measures in accordance with current legislation, including the possible anonymisation of personal data by applying the appropriate techniques available for this purpose. Therefore, in this area, anonymisation and pseudonymisation treatments may also be carried out for the better protection of your personal data.

This file has been created for the purpose of providing information on the provision of the services offered by the Portal.

How long will we keep your personal data?

The personal data provided will be kept for the period of time determined on the basis of the following criteria:

CONSERVATION CRITERIA

In general, your data will be kept for these purposes for the time that is essential and necessary to enable you to correctly browse and use our platform and the content available through the same that you access.

With respect to the data associated with your browsing profile, in relation to the analytical cookies that you have accepted as indicated in the cookies policy.

For the time necessary to correctly deal with your requests and/or specific requests according to each case.
As long as the user’s personal data is processed, including the conservation of such data for the legally stipulated periods, and regardless of the legitimate basis for processing.

Legal basis What is the legal basis for the processing of your data?

The legal basis for the processing of users’ personal data is the contractual relationship and the data subject’s own consent.

Likewise, the prospective offer of services is based on the consent requested from the user without the withdrawal of this consent conditioning the execution of other purposes.

To which recipients will your data be disclosed?

The data collected on this website through the corresponding forms will be communicated to other companies that are responsible for the processing of personal data, and that will only process the data in accordance with the strict indications that RESTENSUR establishes with said data processors. In any case, the data will be communicated within the European Union and only for the purposes indicated above. Within the framework of the communications indicated in the previous paragraph, international transfers of data may be made to third countries or international organisations, for which there is an adequacy decision by the European Commission.

Rights What are your rights when you provide us with your data?

Users of the website owned by RESTENSUR are guaranteed the rights established in the legislation on Personal Data Protection:

Firstly, users have the right to obtain confirmation as to whether or not RESTENSUR is processing personal data concerning them.

Users shall have the right to access their personal data, as well as to request the rectification of data that are inaccurate or, where appropriate, to request their deletion when, among other reasons, the data are no longer necessary for the purposes for which they were collected.

Users have the right to oppose the processing of their personal data, so RESTENSUR will stop processing their data, unless there are legitimate, compelling reasons, or the exercise or defence of possible claims.

Users have the right to request RESTENSUR to limit the processing of their personal data when the requirements of the EU Regulation 2016/679 RGPD are met.

Users have the right to receive in a structured, commonly used and machine-readable format the personal data concerning them that they have provided to RESTENSUR, or to request RESTENSUR to transmit them directly to another controller when technically possible.

Finally, we inform that any interested party may file a complaint with the Spanish Data Protection Agency, especially when they have not obtained satisfaction in the exercise of their rights.

RESTENSUR informs the user of the purposes for which it will use the personal data collected on this Website in the various forms:

3.1.) Contact Form.

RESTENSUR informs you that your e-mail address will be entered into an automated file (e-mail) in order to provide you with information about our services and projects or any other information requested by e-mail. In accordance with the provisions of the preceding paragraphs, RESTENSUR undertakes not to transfer, communicate or share the data with third parties without your express approval. Likewise, RESTENSUR will cancel or rectify the data when they are inaccurate, incomplete or no longer necessary or relevant for their purpose, in accordance with the provisions of EU Regulation 2016/679 European Data Protection Regulation RGPD and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights LOPDGDD.

3.2.) Registration on the distribution list for offers and promotions.

RESTENSUR informs you that your e-mail address will be entered into an automated file (distribution list) in order to provide you with information about our news and offers by e-mail. In accordance with the provisions of the preceding paragraphs, RESTENSUR undertakes not to transfer, sell or share the data with third parties without your express approval. Likewise, RESTENSUR will cancel or rectify the data when they are inaccurate, incomplete or no longer necessary or relevant for their purpose, in accordance with the provisions of current data protection regulations. Users may revoke the consent given and exercise their rights of access, rectification, cancellation, opposition, limitation, deletion and portability by writing to the address below, duly identifying themselves and visibly indicating the specific right being exercised, on the website itself or by post.

RESTENSUR adopts the corresponding security levels required by the Regulation on Security Measures approved by Royal Decree 1720/2007, of 21 December. However, RESTENSUR assumes no liability for damages arising from alterations that third parties may cause to the user’s computer systems, electronic documents or files. RESTENSUR may use “cookies” during the provision of services on the website. Cookies are physical files containing personal information stored in the user’s own terminal. The user has the possibility of configuring his or her browser in such a way as to prevent the creation of cookie files or to warn of the same.

Our policy with respect to e-mail is to send only communications that you have consented to receive. If you prefer not to receive these messages by e-mail, we will offer you the possibility of exercising your right to cancel and waive the receipt of these messages, in accordance with the provisions of Art. 22 of Law 34/2002 of Services for the Information Society and Electronic Commerce LSSICE.

4. Procedure in the event of unlawful activity

In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the performance of any activity on the Web pages included or accessible through the Website, he/she must send a notification to RESTENSUR duly identifying him/herself, specifying the alleged infringements and expressly declaring, under his/her responsibility, that the information provided in the notification is accurate.

5. Contact Details

All notifications and communications between users and RESTENSUR shall be considered effective, for all purposes, when made by post or e-mail or telephone communication.

Address: C/ Eucaliptus, 15, Edif. Eucaliptus II, C.P. 38650, Los Cristianos, Arona, Santa Cruz de Tenerife.

Telephone: 922 788 916

Contact e-mail: [email protected]

Users may contact the Data Protection Department to resolve any queries related to the processing of their personal data at the same postal address provided.

6. Modification and updating of the policy

This policy may be modified at any time, being duly published on this site, due to changes in legal requirements, changes in jurisprudence and, in general, changes in the actions and strategy of RESTENSUR. The publication and access by users will be carried out through this website, it being understood that the relations established with them, prior to the change, will be governed by the rules in force at the time when the website was accessed for its establishment.

Updated on 20 April 2023

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