I. PRIVACY AND DATA PROTECTION POLICY

In accordance with current legislation, Travel Habitat (hereinafter also the Website) undertakes to adopt the necessary technical and organisational measures appropriate to the level of security corresponding to the risk of the data collected.

Laws incorporated into this privacy policy

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

• 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 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).

• Royal Decree 1720/2007, of 21 December, approving the Regulations implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).

• Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the controller of personal data

The controller of the personal data collected on Travel Habitat is: ESTATEXP S.L., Tax ID/NIF: B98778509. Contact details:

Address: C/ Correos, 13 Puerta 7
Contact telephone: +34 960 660 456
Contact email: atencionalcliente@travelhabitat.com

Register of Personal Data

In compliance with the GDPR and the LOPD-GDD, you are informed that the personal data collected by Travel Habitat, through the forms provided on its pages, will be incorporated into and processed in our file for the purpose of facilitating, expediting and fulfilling the commitments established between Travel Habitat and the User or for maintaining the relationship established in the forms the User completes, or to respond to a request or enquiry. Likewise, pursuant to the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained which specifies, according to their purposes, the processing activities carried out and the other circumstances established in the GDPR.

Principles applicable to the processing 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 5 December:

• Lawfulness, fairness and transparency: the User’s consent will be required at all times, after being informed fully and transparently of the purposes for which personal data are collected.

• Purpose limitation: personal data shall be collected for specified, explicit and legitimate purposes.

• Data minimisation: the personal data collected shall be only that which is strictly necessary in relation to the purposes for which it is processed.

   

• Accuracy: personal data must be accurate and kept up to date.

• Storage limitation: personal data shall be kept in a form which permits identification of the User for no longer than is necessary for the purposes of the processing.

• Integrity and confidentiality: personal data shall be processed in a manner that ensures appropriate security and confidentiality.

• Accountability: the Controller shall be responsible for ensuring compliance with the above principles.

Categories of personal data

The categories of data processed on Travel Habitat are solely identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for processing personal data

The legal basis for processing personal data is consent. Travel Habitat undertakes to obtain the User’s express and verifiable consent for the processing of their personal data for one or more specific purposes.

The User shall have the right to withdraw consent at any time. Withdrawing consent shall be as easy as giving it. As a general rule, withdrawal of consent shall not condition use of the Website.

Where the User must or may provide their data through forms to make enquiries, request information or for reasons related to the content of the Website, the User will be informed, where applicable, whether the completion of any of them is mandatory, as such data are essential for the proper conduct of the operation in question.

Purposes of processing personal data

Personal data are collected and managed by Travel Habitat for the purpose of facilitating, expediting and fulfilling the commitments established between the Website and the User or maintaining the relationship established in the forms completed by the latter, or to respond to a request or enquiry.

Data may likewise be used for commercial purposes of personalisation, operations and statistics, and activities inherent to the corporate purpose of Travel Habitat, as well as for data extraction, storage and marketing studies to tailor the Content offered to the User, and to improve the quality, operation and browsing of the Website.

At the time personal data are obtained, the User will be informed of the specific purpose(s) for which the personal data will be processed; that is, the use(s) to be made of the information collected.

Retention periods for personal data

Personal data shall be retained only for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 18 months, or until the User requests their deletion.

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

Personal data of minors

In accordance with Articles 8 of the GDPR and 7 of Organic Law 3/2018, only those over 14 years of age may lawfully give their consent for the processing of their personal data by Travel Habitat. If the person is under 14 years of age, the consent of parents or guardians will be required for processing, and such processing will be lawful only to the extent that they have authorised it.

Confidentiality and security of personal data

Travel Habitat undertakes to adopt the necessary technical and organisational measures, appropriate to the level of security corresponding to the risk of the data collected, so as to ensure the security of personal data and prevent the destruction, loss or accidental or unlawful alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication or access to such data.

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

However, as Travel Habitat cannot guarantee the impregnability of the internet nor the complete absence of hackers or others who may gain fraudulent access to personal data, the Controller undertakes to notify the User without undue delay when a personal data security breach occurs and is likely to result in a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a personal data breach means any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.

Personal data shall be treated as confidential by the Controller, who undertakes to inform and to ensure, by means of a legal or contractual obligation, that such confidentiality is respected by its employees, partners and any person to whom the information is made accessible.

Rights arising from the processing of personal data

The User has the following rights over Travel Habitat and may therefore exercise the following rights before the Controller, as recognised in the GDPR and in Organic Law 3/2018:

• Right of access: the User has the right to obtain confirmation as to whether or not Travel Habitat is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Travel Habitat has carried out or carries out, as well as, among other things, available information about the origin of such data and the recipients of the communications made or envisaged for such data.
• Right to rectification: the User has the right to have their personal data amended if they prove to be inaccurate or, taking into account the purposes of the processing, incomplete.
• Right to erasure (“right to be forgotten”): the User has the right, unless otherwise provided by current legislation, to obtain the erasure of their personal data when such data are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn consent and there is no other legal basis; the User objects to the processing and there is no other legitimate ground to continue; the personal data have been unlawfully processed; the personal data must be erased for compliance with a legal obligation; or the personal data have been obtained in relation to the offer of information society services to a child under 14 years of age. In addition to erasure, the Controller, taking into account available technology and the cost of implementation, shall take reasonable steps to inform controllers which are processing the personal data of the data subject’s request for erasure of any links to those personal data.
• Right to restriction of processing: the User has the right to restrict the processing of their personal data when they contest the accuracy of the personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs them for the establishment, exercise or defence of claims; and when the User has objected to the processing.
• Right to data portability: where processing is carried out by automated means, the User has the right to receive from the Controller their personal data in a structured, commonly used and machine-readable format and to transmit them to another controller. Where technically feasible, the Controller shall transmit the data directly to the other controller.
• Right to object: the User has the right to object to the processing of their personal data or to have such processing ceased by Travel Habitat.
• Right not to be subject to a decision based solely on automated processing, including profiling: the User has the right not to be subject to an individualised decision based solely on automated processing of their personal data, including profiling, unless otherwise provided by current legislation.

The User may exercise their rights by means of a written communication addressed to the Controller with the reference “GDPR-www.travelhabitat.es”
, specifying:

• Name and surname(s) of the User and a copy of their ID document. Where representation is accepted, identification by the same means of the person representing the User, as well as proof of representation, shall also be required. The photocopy of the ID document may be replaced by any other means valid in law which proves identity.
• The specific request with the reasons for the request or the information to which access is sought.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document supporting the request made.

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

Postal address: C/ Correos, 13 Puerta 7
Email: atencionalcliente@travelhabitat.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to third-party web pages other than Travel Habitat, and therefore not operated by Travel Habitat. The owners of such websites will have their own data protection policies, and are themselves responsible, in each case, for their own files and privacy practices.

Complaints to the supervisory authority

If the User considers that there is a problem or infringement of current regulations in the way their personal data are being processed, they shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State in which they have their habitual residence, place of work or place of the alleged infringement. In Spain, the supervisory authority is the Spanish Data Protection Agency (AEPD) (https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, and that they accept the processing of their personal data so that the Controller can proceed with such processing in the manner, for the periods and for the purposes indicated. Use of the Website implies acceptance of this Privacy Policy.

Travel Habitat reserves the right to modify its Privacy Policy, at its own discretion, or due to a legislative, case-law or doctrinal change by the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. Users are advised to consult this page periodically to keep abreast of the latest changes or updates.

This Privacy Policy was updated to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.