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I. PRIVACY AND DATA PROTECTION POLICY

In compliance with current legislation, Private Vacation Rental (hereinafter, also referred to as the Website) undertakes to adopt the necessary technical and organizational measures, according to the appropriate level of security for the risk of the collected data.

Laws incorporated into this privacy policy

This privacy policy is adapted to current Spanish and European regulations regarding the protection of personal data on the internet. Specifically, it respects the following regulations:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
  • Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
  • Royal Decree 1720/2007, of December 21, which approves the Regulation implementing Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
  • Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).

Personal Data Registry

The controller of the personal data collected by Private Vacation Rental is: Stella Cappucci, with Tax ID (NIF): X123456Z (hereinafter, the Data Controller). Their contact details are as follows:

Principles applicable to the processing of personal data

In compliance with the provisions of the GDPR and LOPD-GDD, we inform you that the personal data collected by Private Vacation Rental, through the forms provided on its pages, will be incorporated and processed in our file in order to facilitate, expedite and fulfill the commitments established between Private Vacation Rental and the User or to maintain the relationship established in the forms the User fills out, or to respond to a request or inquiry.

Likewise, in accordance with the provisions of the GDPR and LOPD-GDD, unless the exception provided in Article 30.5 of the GDPR applies, a record of processing activities is maintained that specifies, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.

Categories of personal data

The processing of the User's personal data shall be subject to the following principles set out in Article 5 of the GDPR and in Article 4 et seq. of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights:

  • Principle of lawfulness, fairness and transparency: The User's consent will be required at all times after completely transparent information about the purposes for which personal data is collected.
  • Principle of purpose limitation: Personal data will be collected for specified, explicit and legitimate purposes.
  • Principle of data minimization: The personal data collected will be only that which is strictly necessary in relation to the purposes for which they are processed.
  • Principle of accuracy: Personal data must be accurate and always up to date.
  • Principle of storage limitation: Personal data will be kept only for as long as is necessary for the purposes of processing.
  • Principle of integrity and confidentiality: Personal data will be processed in a way that ensures their security and confidentiality.
  • Principle of proactive responsibility: The Data Controller will be responsible for ensuring that the above principles are complied with.

Legal basis for processing personal data

The categories of data processed by Private Vacation Rental are only identification data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Purposes of the processing to which the personal data are destined

The legal basis for processing personal data is consent. Private Vacation Rental undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes. The User will have the right to withdraw their consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, withdrawal of consent will not condition the use of the Website.

On occasions when the User must or may provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, they will be informed if completing any of them is mandatory because they are essential for the correct development of the operation carried out.

Personal data retention periods

Personal data is collected and managed by Private Vacation Rental for the purpose of being able to facilitate, expedite and fulfill the commitments established between the Website and the User or to maintain the relationship established in the forms filled out by the latter or to respond to a request or inquiry.

Likewise, the data may be used for commercial purposes of personalization, operational and statistical purposes, and activities within the corporate purpose of Private Vacation Rental, as well as for data extraction, storage and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.

At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses to which the collected information will be put.

Recipients of personal data

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: [Specify period or criteria, e.g., "as long as the User does not request their deletion"], or until the User requests their deletion.

At the time the personal data is obtained, the User will be informed about the period for which the personal data will be kept or, when this is not possible, the criteria used to determine this period.

Personal data of minors

The User's personal data will not be shared with third parties. In any case, at the time the personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.

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In accordance with the provisions of Articles 8 of the GDPR and 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, only those over 14 years of age may give their consent for the lawful processing of their personal data by Private Vacation Rental.

If it concerns a minor under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and it will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Private Vacation Rental undertakes to adopt the necessary technical and organizational measures, according to the appropriate level of security for the risk of the collected data, to ensure the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in feedback, is fully encrypted.

However, because Private Vacation Rental cannot guarantee the impregnability of the internet nor the total absence of hackers or others who fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a personal data security breach occurs that is likely to entail a high risk to the rights and freedoms of natural persons.

Pursuant to the provisions of Article 4 of the GDPR, a personal data security breach is any breach of security that causes the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and ensure through a legal or contractual obligation that such confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible.

Rights arising from the processing of personal data

The User has the following rights recognized in the GDPR and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, and may therefore exercise them against the Data Controller:

  • Right of access: It is the User's right to obtain confirmation as to whether or not Private Vacation Rental is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Private Vacation Rental has carried out or carries out, as well as, among other things, the information available about the origin of such data and the recipients of the communications made or planned for them.
  • Right of rectification: It is the User's right to have their personal data that is inaccurate or, taking into account the purposes of the processing, incomplete, modified.
  • Right of erasure ("right to be forgotten"): It is the User's right, provided that current legislation does not provide otherwise, to obtain the erasure of their personal data when such data is no longer necessary for the purposes for which it was collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis for it; the User objects to the processing and there is no other legitimate reason to continue it; the personal data has been processed unlawfully; the personal data must be erased to comply with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a minor under 14 years of age.
  • Right to restriction of processing: It is the User's right to restrict the processing of their personal data. The User has the right to obtain restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has objected to the processing.
  • Right to data portability: If the processing is carried out by automated means, the User shall have the right to receive from the Data Controller their personal data in a structured, commonly used and machine-readable format, and to transmit it to another controller. Whenever technically possible, the Data Controller shall transmit the data directly to that other controller.
  • Right to object: It is the User's right to object to the processing of their personal data or to cease the processing thereof by Private Vacation Rental.
  • Right not to be subject to a decision based solely on automated processing, including profiling: It is the User's right not to be subject to an individualized decision based solely on automated processing of their personal data, including profiling, existing unless current legislation provides otherwise.

The User has the following rights recognized in the GDPR and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, and may therefore exercise them against the Data Controller:

  • User's name, surname and copy of ID. In cases where representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document accrediting the representation. A photocopy of the ID may be replaced by any other legally valid means that accredits identity.
  • Request with the specific reasons for the request or information to which access is sought.
  • Address for notifications.
  • Date and signature of the applicant.
  • Any document that supports the request made.

Thus, the User may exercise their rights by means of a written communication addressed to the Data Controller with the reference "GDPR-www.loftcasamar.com", specifying:

Links to third-party websites

This request and any other attached document may be sent to the following address and/or email:

Complaints to the supervisory authority

The Website may include hyperlinks or links that allow access to third-party websites different from Private Vacation Rental, and which are therefore not operated by Private Vacation Rental. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

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If the User considers that there is a problem or infringement of current regulations in the way their personal data is being processed, they will have the right to effective judicial protection and to file a complaint with a supervisory authority, in particular, in the State where they have their habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency.

It is necessary for the User to have read and agree with the conditions regarding the protection of personal data contained in this Privacy Policy, as well as to accept the processing of their personal data so that the Data Controller can proceed with it in the manner, during the periods and for the purposes indicated.

Use of the Website will imply acceptance of its Privacy Policy.

Private Vacation Rental reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change from the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and to Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights.