Zásady ochrany osobných údajov

Akciová spoločnosť Valamar Riviera d.d., so sídlom v Poreči, Chorvátsko, Stancija Kaligari 1, OIČ: 36201212847 (ďalej len ako: VALAMAR RIVIERA alebo my alebo náš) rešpektuje súkromie každej osoby, ktorej osobné údaje zhromažďuje. V rámci Politiky ochrany súkromia by sme Vás chceli informovať o tom, aké osobné údaje VALAMAR RIVIERA v úlohe vedúceho spracovania osobných údajov zhromažďuje, za akým účelom, ako tieto údaje chránime a aké sú Vaše práva. VALAMAR RIVIERA v niektorých prípadoch vystupuje ako vedúci spracovania osobných údajov aj pre respondentov, ktorí sú zároveň respondentmi spoločností, s ktorými má VALAMAR RIVIERA uzatvorené podnikateľské zmluvy, na základe ktorých spravuje turistickú časť podnikania v rámci svojich právomocí zakladajúcich sa na týchto zmluvách.

V prípade rezervácie ubytovania cez www.valamar.com je Vaším vedúcim spracovania osobných údajov VALAMAR RIVIERA, a môže ním byť aj akciová spoločnosť Imperial Riviera d.d. so sídlom v Rabe, Chorvátsko, Jurja Barakovića 2, OIČ: 90896496260 spravovaná Valamarom, akciová spoločnosť HELIOS FAROS d.d. so sídlom Stari Grad (Grad Stari Grad), Chorvátsko, Naselje Helios 5, OIČ: 48594515409 spravovaná Valamarom, spoločnosť Valamar Obertauern GmbH, so sídlom Obertauern, Rakúsko, Gamsleitenstraße 6, FN: 195893 d, spravovaná Valamarom, spoločnosť Kesselspitze GmbH & Co KG, so sídlom Obertauern, Rakúsko, Alpenstraße 1, FN: 581638 a, spravovaná Valamarom, a to v závislosti od toho, v akom zariadení ste ubytovaní. DOZVEĎTE SA VIAC
Ďalšie informácie o spracovaní osobných údajov a Vašich právach, si nájdite, prosím, v nižšie uvedených politikách ochrany súkromia.

Valamar Riviera d.d. Helios Faros d.d. Imperial Riviera d.d. Valamar Obertauern GMBH Kesselspitze GmbH & Co KG Valamar Marietta GmbH

General section

DATA CONTROLLER AND LEGAL FRAMEWORK

Valamar Riviera, with its registered seat in the Republic of Croatia, in Poreč, Stancija Kaligari 1, OIB (PID): 36201212847 (hereinafter: Valamar Riviera or us or our), as data controller, shall undertake to protect your personal data. The collection and retention of data is carried out in accordance with the provisions of EU Regulation 2016/679 of the European Parliament and 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 (hereinafter: the Regulation), the Act on Implementation of General Data Protection Regulation (Official Gazette, No. 42/2018) and other regulations governing the area concerned, which are applicable in the Republic of Croatia.

SCOPE

This Privacy Policy applies to any processing of personal data carried out by Valamar Riviera as a data controller, unless another Valamar Riviera’s policy or other document stipulates otherwise for a particular processing. In some cases, Valamar Riviera acts as a data controller for data subjects who are also data subjects of companies with which Valamar Riviera has concluded agreements for the management of tourist accommodation properties and facilities within the scope of its powers based on those agreements.

This Privacy Policy is divided into two parts: General Part and Specific Part. The basic principles of personal data processing, contact details of the personal data protection officer and other provisions specified in the General Part of the Privacy Policy apply without exception to any processing of personal data, regardless of whether such processing is specifically processed in the specific part of the Privacy Policy or not. Specific cases of data processing, which represent the majority of all our processing, are covered in more detail in the specific part of the Privacy Policy.

DATA PROTECTION OFFICIAL

Valamar Riviera has appointed a personal data protection officer who can be contacted at any time for questions related to the protection of personal data and exercising the rights guaranteed by the Regulation at dpo@valamar.com or by mail to the address: Valamar Riviera d.d., Stancija Kaligari 1, Poreč, Republic of Croatia – for DPO.

PRINCIPLES OF PERSONAL DATA PROTECTION

Valamar Riviera recognized the principles of data processing as basic values that must be respected during the entire cycle of personal data processing, from their collection to their destruction or other end of processing. We process data:

  • Lawfully - processing will be possible if it is permitted by law and within the limits permitted by law.
  • Fairly - respecting the specifics of each relationship, applying all adequate measures for protecting personal data and not preventing data subjects from exercising their rights.
  • Transparently - informing data subjects about personal data processing. From the collection of data itself, when data subjects are informed about all aspects of data processing, right until the end of data processing, data subjects are provided with simple and quick access to their own data. Certain information may be restricted only when required by law or when it is necessary to protect third parties.
  • Purpose limitation - processing personal data for the purposes for which they have been collected, and for other purposes if the requirements laid down in the Regulation are fulfilled. Data can be processed for the corresponding purposes only taking into account: (a) any link between the purposes for which the personal data has been collected and the purposes of the intended further processing; (b) the context in which the personal data has been collected, in particular regarding the relationship between us and the data subject; (c) the nature of the personal data, in particular the fact whether special categories of personal data are processed, pursuant to Article 9 of the Regulation, or personal data relating to criminal convictions and offences are processed, pursuant to Article 10 of the Regulation; (d) possible consequences of the intended further processing for data subjects; and (e) existence of appropriate safeguards
  • Storage limitation - storing data in a form that enables the identification of the data subject only for as long as necessary for the purposes for which the personal data is processed, and longer only if permitted by regulations.
  • Data minimization - processing data if it is adequate, relevant and limited to what is necessary. Particular care is taken not to collect data for which there is no justified need for processing.
  • Taking into account accuracy - taking into account that data is accurate and current and deleting inaccurate data as possible.
  • Taking into account integrity and confidentiality - providing adequate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures. Relevant measures are applied taking into account the risk of each type of data processing.

LAWFULNESS OF PERSONAL DATA PROCESSING

In order to respect the lawfulness of personal data processing, we process personal data only if and to the extent that at least one of the following legal bases is met:

  • The processing is necessary for the execution of an agreement to which a data subject is a party or in order to take actions at the request of a data subject before concluding the agreement; this is the most common purpose of processing data subjects’ data with the basis of an existing contractual relationship or a pursued contractual relationship.
  • Processing is necessary to comply with controller’s legal obligations. Valamar Riviera as a legal entity has numerous obligations prescribed by various regulations. This obligation includes the collection and, often, providing data to national authorities. For example, processing personal data of shareholders who apply for the General Assembly, processing personal data of guests and forwarding through the eVisitor system.
  • Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, taking into account the reasonable expectations of the data subject based on their relationship with the data controller, in particular where the data subject is a child. When applying this legal basis, we assess that the processing is appropriate for business needs, that it is as minimally invasive as possible, and that the interests of the data subject do not override our legitimate interests or the legitimate interests of a third party. Examples of this type of processing are processing for administrative purposes, the purposes of maintaining the security of computer networks, the purposes of direct marketing and the improvement of our business. In these situations, the data subject always has the right to object to such processing.
  • Processing is necessary to protect key interests of the data subject or other natural persons. The right to personal data protection is not an absolute right and we equate it with other fundamental rights in accordance with the principle of proportionality. Valamar Riviera recognizes the possibility that in some situations it is necessary to process personal data in order to protect key interests of the data subject or other natural persons. An example of this type of data processing is exceptional cases of illness, injury of a guest or other natural person, for which it is sometimes necessary to request the guest’s identification document and to request health data that fall under a special category of personal data. In some extraordinary situations, for example, in case of epidemics, we can also process data based on the recommendations of the Croatian Institute of Public Health.
  • The data subject has given their consent for the processing of their personal data for one or more specific purposes. When processing personal data on the basis of consent, we take special care that these situations have no formal or informal consequences for giving, refusing to give or withholding consent. When processing is based on consent, the data subject can withdraw consent at any time without negative consequences. Withdrawal of consent does not affect the lawfulness of processing based on consent prior to its withdrawal.

TYPES OF PERSONAL DATA PROCESSED

Specific categories of personal data: special categories of personal data are processed only if the requirements laid down in Article 9 of the Regulation are fulfilled. For example, we process the workers’ data that fall under special categories of personal data, such as data on union membership (for example, when exercising special rights according to relevant regulations), religious or philosophical beliefs (for example, when exercising the right to additional non-work days for religious holidays if an individual voluntarily disclosed such data for the stated purpose) or data related to health (for example, according to special regulations on occupational safety or keeping records of workers or when special health certificates are required for certain jobs).

Data on criminal convictions and offenses: when there is a legal authorization to do so, we also process personal data relating to criminal convictions and offences, such as, for example, certificates of no criminal record for workers when applying for public tenders, if this is a requirement of such a tender.

Personal data that does not fall under the previous two groups: such personal data makes up the largest part of the processed data, which are most often identification data and contact data such as first and last name, OIB (PID), data generated based on movement on premises under video surveillance.

Most of the personal data we collect is provided by the data subjects themselves and we ask that you do not provide sensitive information (for example, race or ethnic origin, political opinions, religious or philosophical beliefs, etc.) when it is not necessary. If you do provide sensitive information for any reason, by doing so, you expressly consent to the collection and use of that information in the ways described in this Privacy Policy or in the manner described at the time the information is disclosed.

PROVIDING DATA TO THIRD PARTY ENTITIES

Valamar Riviera shares personal data with others only when there is a legal basis for doing so.

It is possible that in certain cases personal data may be transferred outside the European Union (EU) and the European Economic Area (EEA) to countries for which there is no decision of the European Commission on adequacy. In these cases, we ensure compliance with high standards of personal data protection, and in accordance with the strict requirements of the Regulation, any transfer of personal data to third countries will be carried out in accordance with Chapter V of the Regulation. The most common transfer models in these cases are the application of standard contractual clauses approved by the European Commission and the express consent of the data subjects.

Legal obligations
As part of fulfilling our legal obligations, we are obliged to provide data to third parties. For example, providing guest data via the eVisitor system, providing workers’ data to competent institutes: the Croatian Pension Insurance Institute, the Croatian Health Insurance Fund, the Tax Administration and the Central Register of Insured Persons and pension companies. We are also obliged in certain cases to submit or make available data related to employment to the Croatian Employment Service; for example, in order to include workers in active employment policy measures, to the competent police stations or to the ministry responsible for internal affairs; for example in the case of a stay of senior government officials in the facilities, as well as for issuing work permits, to the ministry responsible for tourism in the case of employing scholarship holders, to the ministry responsible for economy and entrepreneurship when it comes to the use of investment grants, insurance companies, banks and in other cases when the regulations require it. Certain workers’ data is also sent to banks or pension funds as part of salary payments, and data can also be sent to creditors in accordance with enforcement regulations. Data is sometimes sent with regard to contractual obligations; for example, when it comes to students who do work-based learning (practical work), data is exchanged with schools and/or faculties.
Certain personal data is also provided to business entities for the purpose of providing specific services, such as employee medical examinations services (contracted occupational medicine); furthermore, to institutions that organize legally required education (occupational safety, minimum hygiene, toxicology) or audit companies when conducting mandatory audits, to public notaries when certifications are required, to the Financial Agency for the purposes of obtaining business certificates, to public procurement obliged entities when we respond to public procurement tenders, and for the purpose of awarding and using official cards, official mobile devices or for buying fuel.

Valamar Riviera as a management company
A special case of providing data to third parties refers to the fact that Valamar Riviera has concluded long-term agreements for the management of tourist accommodation properties and facilities with several tourism companies. This means that we manage Valamar’s facilities, which include our accommodation facilities (owned by us or used on some other basis) as well as the accommodation facilities of the companies we manage. Management services primarily include services related to guests of Valamar facilities, but also human resources. In view of the aforementioned, we sometimes share personal data of guests, job candidates, or workers at Valamar facilities with the companies we manage, i.e. data subjects of those companies are also our data subjects, all for the purpose of developing business and services of Valamar facilities, informing about the offers of Valamar facilities, identifying data subjects with similar needs and analytics related to market developments. All principles from this Policy also apply to data subjects of those companies in the segments in which we are involved as a data controller; however, these companies are also responsible as data controllers of their data subjects’ data processing. The privacy policies of all the companies we manage can be found at https://www.valamar.com/en/privacy-policy.

Valamar Riviera as a travel agency
Considering that we are also a travel agency, we forward data to third parties when this is necessary for the realization of the agreed services. For example, we forward the data of a guest who booked accommodation to the company that provides specific accommodation services, or we forward the data of customers for an experience to the organizer of that experience.

Valamarovi partners – data processors
It is possible to provide data to business entities, data processors, who process data on our behalf as a data controller. Most often, these are our business associates who provide us with certain services, such as IT, marketing, payment processing, and protection services. We conclude a detailed agreement with all partners regarding their powers and obligations in processing personal data, in accordance with the requirements of the Regulation. They are also obliged to use the data entrusted to them exclusively in accordance with our agreements and strictly for the purpose we have specified. They are also obliged to appropriately protect your data and keep it confidential.

DATA RETENTION PERIOD

Data subjects’ data is processed and retained, in accordance with the applicable legal regulations, when the retention obligation is prescribed.

In cases where Valamar Riviera is authorized to determine its own data retention periods, the data is retained as long as necessary to achieve the purpose for which the personal data is processed, taking into account the purpose of processing, the legitimate interests of Valamar Riviera and the interests of the data subject. When we have not stated the data retention period in this Privacy Policy or elsewhere for a specific processing, the retention period is 5 years.

After the expiration of the stipulated data retention period, we will delete the data, and in cases where that is not possible, we will make the data unreadable.

CHILDREN’S PERSONAL DATA PROCESSING

We process children’s personal data when it is related to our services; for example, when children are guests of our facilities, visitors to the Maro playrooms, but also in other cases; for example, when minor students do work-based learning (practical work) with us. Sometimes we cannot influence the use of our services; for example, in the case when children appear as followers of our profiles on social networks. We advise parents and guardians to teach children about safe and responsible handling of personal data, especially on the internet.

SOURCES OF PERSONAL DATA

We usually receive personal data from you. When providing personal data, in any way (booking accommodation, applying for a job, using a mobile application, using a restaurant, wellness services, etc.), you guarantee that the information you have provided is correct, that you are legally competent and authorized to handle the information provided, and that you fully agree that we use and collect your data in accordance with the positive regulations and conditions of this Privacy Policy.

We also receive your personal data indirectly, from other natural and legal persons, for example: from travel agencies that forward guest data for accommodation purposes, from guests who book accommodation for people with whom they will stay in the facilities, from agencies for employment mediation and assignment of workers, from business partners about their workers who will participate in the execution of certain agreements, etc. When providing personal data of other persons, you guarantee that the information you have attached is correct, that you are legally competent and authorized to handle the information provided, that the data subjects whose personal data you forward to us consent to us processing their data. If you provide data of other persons, you are obliged to acquaint them with our Privacy Policy. In certain cases, we also receive personal data from public sources; for example, court register, your web pages, advertisements, etc.

TECHNICAL AND INTEGRATED DATA PROTECTION

We take into account the highest organizational and technical data protection standards. Therefore, taking into account the latest developments, the cost of implementation and the nature, scope, context and purposes of processing, as well as risks of different levels of probability and severity for the rights and freedoms of individuals arising from data processing, at the time of determining the means of processing and at the time of the processing itself, we carry out appropriate technical and organizational measures to enable effective application of data protection principles.

We also implement appropriate technical and organizational measures to ensure that only personal data that is necessary for each specific processing purpose is processed in an integrated manner. We apply this measure to the amount of personal data collected, the scope of their processing, the period of storage and their availability. More specifically, such measures ensure that personal data is not automatically, without individual intervention, available to an unlimited number of individuals.

In order to ensure a high level of security when processing personal data and to protect it from accidental or intentional unauthorized access, loss or modification, we provide access to the systems in which the largest number of personal data of individuals is stored only to authorized persons to the extent necessary for the execution of their work tasks and through a multiple authentication system, which is secured against unauthorized access and use and regularly updated.

PERSONAL DATA BREACHES

We have implemented appropriate technical and organizational measures to minimize the risk of a breach; however, if you do notice that there has been a breach of personal data, please report any such breach to us without delay by e-mail at: dpo@valamar.com. We have established internal mechanisms in order to react in a timely and appropriate manner in such cases.

In accordance with the Regulation, but also to internal regulations, in the event of a personal data breach, without undue delay and if feasible, no later than 72 hours after becoming aware of the breach, we report the personal data breach to the competent supervisory authority, unless it is unlikely that the personal data breach will cause risk to the rights and freedoms of individuals.

The report submitted to the supervisory authority contains all information in accordance with the Regulation.

In the event of a personal data breach that is likely to cause a high risk to the rights and freedoms of individuals, we notify the data subject about the personal data breach without undue delay. Sometimes, in cases where the Regulation stipulates, informing the data subject is not mandatory.

RIGHTS OF THE DATA SUBJECTS

Regardless of the basis of data collection, data subjects can exercise the following rights free of charge within the limits prescribed by the Regulation:

Right to information: you have the right to be informed about the processing and its purposes. We make sure to provide all information to the data subject that is necessary to ensure fair and transparent processing, taking into account the context of the processing.

Right to erasure (“right to be forgotten”): you have the right to request the erasure of personal data concerning you, without undue delay, in accordance with the terms of the Regulation. To do this, send your request to us as the data controller in writing, including electronic form of communication. Please note that it is necessary to specify in the request what exactly you want to be deleted, because we can retain your data based on different legal bases; for example, a data subject can be both our guest and a job candidate. You have the right to request the deletion of personal data concerning you if one of the following conditions is met:

  • Your personal data is no longer necessary in relation to the purpose for which we collected or processed it;
  • you have withdrawn the consent on which the processing is based and if there is no other legal basis for processing;
  • you have objected to the processing of your personal data and if there are no stronger legitimate reasons for our processing;
  • personal data has been processed illegally;
  • personal data must be deleted in order to comply with a legal obligation.

In some cases, it will not be possible to fully fulfill the request for deletion; for example, when there is a legal obligation to retain the data, when the legitimate interest of the data controller overrides the interest of the data subject, when there is an interest of the data controller to establish, exercise or defend legal claims.

Right to access data: you have the right to access your personal data that we process and you can request detailed information, in particular, about the purpose of its processing, about the type/categories of personal data that is processed, including insight into your personal data, about recipients or categories of recipients, and about the expected period in which the personal data will be stored. Access to personal data can be limited only in cases prescribed by law, or when such a limitation respects the essence of the fundamental rights and freedoms of others.

Right to rectification: you have the right to rectify or supplement personal data if your data is not accurate, complete and up to date. To do this, send your request to us as the data controller in writing, including electronic form of communication. Please note that it is necessary to specify in the request what exactly is not accurate, complete or up to date and in what sense it should be rectified, and to submit the necessary documentation in support of your claims.

Right to data portability: you have the right to receive personal data concerning you in a structured, commonly used and machine-readable format – and the right to transmit this data to another data controller without interference from the data controller to which the personal data has been provided, all in accordance with the requirements of the Regulation.

Right to restriction of processing: you have the right to request the realization of the right to restriction of processing in the following cases:

  • If you contest their accuracy;
  • If the processing is unlawful and you oppose the erasure;
  • If the data controller no longer needs the personal data, but you have requested it for the establishment, exercise or defense of legal claims;
  • If you have objected to processing of your personal data and are waiting for verification whether the legitimate grounds of the controller override those of the data subject

Right to object to the processing of personal data: when we process data on the basis of our legitimate interests that override the interests of the data subject, then the data subject has the right, based on their particular situation, to object at any time to the processing of personal data concerning them.

In any case, data subjects have the right to:

  • lodge an objection to the Data Protection Officer
    Valamar Riviera d.d.,
    for DPO
    Stancija Kaligari 1, Poreč
    e-mail: dpo@valamar.com
  • submit a complaint with a supervisory authority if you believe that your data protection rights have been breached
    Personal Data Protection Agency
    Selska cesta 136, HR – 10 000 Zagreb
    e-mail: azop@azop.hr

We, as a data controller, have the right to protect our interests, as well as to protect data subjects, and we accordingly have the right to carry out activities to establish the identity of the applicant.

We have the right to publish the form that will be used to submit the request in order to process the request as efficiently as possible.

In the event of a request, we will provide you with information on the actions taken in connection with the exercise of your rights without undue delay and, in any case, within one month from the date of receiving the request. This period can be extended by an additional two months if necessary, taking into account the complexity and number of requests. In this case, we will notify you within one month from the date of receiving the request, along with the reasons for the delay.

If you submit a request electronically, we will provide the information electronically, if possible, unless you request otherwise.

Please note that in the event of a request, we keep all requests and accompanying correspondence for the purpose of demonstrating conduct.

As a rule, handling data subjects’ requests is free, but if the data subjects’ requests are manifestly unfounded or excessive, in particular because of their repetitive character, we have the right to charge a reasonable fee based on administrative costs or refuse to act on the request. All requests that are not related to the protection of personal data and are delivered to the address of the data protection officer, e.g. offers of job candidates, inquiries for bookings in Valamar’s facilities, will be forwarded directly to the relevant departments within Valamar Riviera, without a specific response to the sender by the data protection officer. Moreover, if necessary, all requests related to the protection of personal data received by our other departments at some of our other e-mail addresses can be forwarded to our data protection officer.

STAY AT VALAMAR’S FACILITIES (hotels, apartments, camps)

The main subject of our business is providing accommodation services at Valamar’s facilities. For this purpose, we conclude agreements with you on hospitality services (on hotel services, on accommodation in tourist apartments and on camping services). Therefore, we collect and process your personal data for various purposes with the ultimate goal of providing quality accommodation and accompanying services according to the highest standards of tourism companies.

Valamar’s facilities are our accommodation facilities (owned by us or used on some other basis) as well as accommodation facilities of companies managed by Valamar.

Valamar’s facilities are:

  • Hotels and apartments (villas, apartments, suites, houses, rooms);
  • Pitches in camping grounds;
  • Mobile homes in camping grounds (villas, suites and camping homes, glamping tents)

In the case of booking accommodations through our sales channels (bookings via the website, mobile application or bookings by calling the Valamar call center (based on a legitimate interest, we keep records of calls) or booking by accepting an offer by e-mail), your data controller is Valamar Riviera, but also other companies depending on which facility you are staying at.

We store your personal data, which you must submit in order to provide you with accommodation services, in our database for the purpose of fulfilling agreements on hospitality services and fulfilling legal obligations related to the hospitality industry. In the event that you do not provide us with the minimum data required for booking accommodation and during your stay for registration to all relevant registers, we will not be able to provide accommodation booking services or accommodation services in accordance with the agreement and the law.

Certain data is necessary in order to take actions at the request of the data subject before concluding the agreement on accommodation. For example, before the accommodation booking itself, at the request of potential guests, offers for accommodation are sent, for the creation and sending of which we need personal data, at least first name, last name and e-mail address, as well as information about the desired stay.

The personal data we collect in order to fulfill the booking obligation are:

  • first and last name of the booking holder
  • address of domicile (Croatian citizens)
  • date of birth
  • number, type of identification document and place of issue
  • nationality
  • facility name
  • number of accommodation units, type of accommodation unit (room type)
  • date of arrival and departure
  • the number of persons for whom accommodation is booked and room allocation
  • which persons are minors
  • potentially other specifics, depending on the request of the person booking the accommodation;
  • e-mail if the person has one
  • language
  • phone number
  • membership in the loyalty program, if it affects the price of accommodation or collecting points
  • method of payment and potentially additional data necessary for the execution of transactions or ensuring payment

Given that it is stipulated that guest registration data is entered on the basis of data from an identity card or a travel or other identity document, the guest is obliged to provide us with such a document and provide all other information necessary for data entry that are not contained in such a document.

Moreover, in order to exercise certain rights and benefits, it is necessary to attach (copies of) appropriate papers, certificates and documents that prove and exercise such rights and benefits. When arriving at Valamar’s facility, guests usually register at the facility’s reception desk using a registration card that the guest fills out or they review and confirm the accuracy of its data.

We also make it possible for guests to check-in independently via the Check-in application, through which the guest independently enters their personal data by uploading a photo of their identification document, The photo is not saved, the application only loads the necessary personal data from it.

In any case, the data is entered into the guest database, from which the data is automatically sent to the eVisitor system (the unique online information system for guest registration and deregistration) in order to comply with our legal obligations. The data that is collected is as follows (the data may change due to changes in positive regulations):

  • first and last name
  • place, country and date of birth
  • nationality
  • number and type of identification document
  • place of domicile (residence) and address
  • date and time of arrival or departure from the property
  • gender
  • the basis for exemption from payment of tourist tax or for the reduction of the payment of the tourist tax

The aforementioned data is processed by tourist boards and public authorities of the Republic of Croatia for the following legal purposes:

  • monitoring the execution of tourist registration and deregistration obligations by those obliged to register and deregister (accommodation service providers);
  • records, calculations and collection of tourist tax;
  • keeping a book or list of guests by the accommodation service provider and monitoring the execution of the aforementioned obligation by the inspection bodies;
  • reporting foreigners to the ministry responsible for internal affairs and monitoring the execution of the aforementioned obligation by the inspection bodies;
  • keeping a list of tourists by tourist boards and statistical processing and reporting;
  • supervision over the business of accommodation service providers in the part that relates to the lawfulness of performing the activity or providing registered services and compliance with tax and other regulations on public contributions.

Data about guests in the guestbook, which is kept in electronic form, is retained for two years in accordance with the regulations. We will retain certain data from persons who requested an offer, booked accommodation, canceled accommodation, guest data for the purpose of proving the content of the relationship with the data subject, or for the purpose of establishing, exercising or defending legal claims for a period of five years from the last stay at Valamar’s facilities. For the stated purposes, we will retain the data necessary for the booking itself, as well as other data, depending on the individual case, for example: the date of receipt of the guest’s complaint and the content of the complaint, correspondence, etc. We are also obliged to keep all invoices, as well as the basis for issuing invoices issued to guests with the guest’s personal data in accordance with legal regulations.

Other data related to the circumstances of your stay, such as requests for a baby crib, will also be collected and processed only during your stay when they are directly related to the provision of a specific accommodation service.

MARO PLAYROOMS

In some of Valamar’s facilities, we allow the use of children’s playrooms for our guests. For your child to be able to use the MARO playroom, it is necessary to fill out a registration form/card, the so-called children’s passport in which you will state: the name and age of the child, the period of stay in the Valamar facility, first name, last name and mobile phone number of the parent/guardian, the name of the Valamar facility where you are staying and the number of the accommodation unit, and whether the child has allergies. We will also ask for a signature on the arrival/departure list.

The purpose is the protection and record of children’s stay, and the legal basis is your consent. The Valamar passport with data is kept for the duration of the specific stay at the Valamar facility.

CURRENCY EXCHANGE OFFICE

We also provide currency exchange services at our exchange offices, usually at the reception desks of Valamar facilities. Valamar Riviera is obliged, in accordance with the current regulations on the prevention of money laundering and terrorist financing, in some cases, to determine and verify the identity of persons who use the services of an exchange office by inspecting the party’s official identification document in their presence and to perform due diligence. In the event that we cannot carry out due diligence measures when there is an obligation to do so, we must not establish a business relationship or carry out a transaction, that is, we must terminate an already established business relationship and consider whether a notification about suspicious transactions, funds and persons should be submitted to the competent national authority.

Moreover, in accordance with regulations, video surveillance of exchange offices is also mandatory. Data is retained in accordance with regulations based on our legal obligation.

LOYALTY PROGRAM MEMBERSHIP

Valamar Riviera is the holder of the Valamar Plus Club Loyalty Program (hereinafter: Loyalty Program). Membership conditions are contained in the Loyalty Program Rules which can be found at www.valamar.com/en/loyalty/valamar-plus-club/terms-and-conditions. Enrollment into the Loyalty Program is done solely on the basis of a request from a data subject, primarily guests of Valamar’s facilities. Each member of the Loyalty Program (hereinafter: loyalty member) has their own user account for which certain data is required.

By accepting the membership, you confirm that you are familiar with the processing of personal data and the creation of your profile as a member of the Loyalty Program by Valamar as the data controller.

In the process of creating a profile, Valamar will process personal data:

  • collected when filling out the membership application or opening a user account (first name, last name, gender, date of birth, e-mail address, mobile phone number, address (street, house number, postal code, city and country));
  • about all bookings and stays (arrival and departure dates, facilities, type of accommodation unit);
  • collected during the stay (e.g. facility, number of children, marital status, language, pets, interests and activities during the stay, travel method, accommodation preference, destination preference, spending, etc.);
  • collected by completing a satisfaction survey ;
  • related to the membership itself (identification number of the membership card, number of points, number of used points, membership level, method of using points, use of benefits, language of communication, title, all data that you fill in by updating your profile in the user account, such as: interests, travelling method, pets, desired accommodation facility, desired category of accommodation facility, desired destination, connection to social networks).

All these categories of personal data are considered important and expected, because we use them to be able to fulfill our tasks assumed through the Loyalty Program (for example, the date of birth is important for potentially sending information about a benefit at the time of your birthday in the form of a discount, etc.), to propose other products and inform you about events we believe you will be interested in.

The member is not obliged to provide all of the aforementioned data, without any consequences with regard to the membership. However, some personal data is necessary for membership and the exercise of the right to benefits, for example: first name, last name, data on stays on the basis of which points are collected, etc. Furthermore, in the event that we do not have some data, it is possible that our newsletters sent to you will be less relevant to your interests, for example: if we do not have the information that you are interested in cycling, there are no consequences with regard to the membership; however, you may not receive a newsletter with some information about benefits for cycling enthusiasts.

The aforementioned data is stored in the Valamar guest database for ten years from the date of becoming a member or from the last stay at Valamar’s facilities.

The purpose of processing the aforementioned data is:

  • exercising the rights that you get as a member of the Loyalty Program;
  • sending service messages to inform about important membership conditions (point status and membership level, need to change the password, news with regard to the Loyalty Program, rule changes, etc.);
  • a better understanding of your needs and preferences in order to send you personalized marketing messages informing you of special benefits, special offers on our products and services that you may be interested in, which you can find more about in the MARKETING MESSAGES section.

We especially point out that a member has the right to object to such processing of personal data, either in relation to initial or further processing, at any time and free of charge.

A member can terminate their membership in the Loyalty Program at any time and without providing a reason, with a written notification to the e-mail address info-loyalty@valamar.com or by telephone to the number +385 52 408 222.

VALAMAR EXPERIENCE CONCIERGE (VEC)

Valamar Riviera is also a travel agency that promotes, recommends, but also books and/or sells goods, services and experiences to guests of Valamar’s facilities and other people, for example: wellness services, rental of sports equipment and sports fields, restaurant seats, excursions, concert tickets, transport services, ski services (collectively hereinafter: VEC services).

VEC services can be purchased or booked via:

  • website www.valamar-experience.com (hereinafter: VEC website);
  • sales points (guest relations and info desks and hospitality desks) in Valamar’s facilities;
  • telephone;
  • e-mail;
  • My Valamar and Places applications [PLACESAPP].

Depending on the type of VEC service you want to buy or book, we will ask you for different data, for example:

  • when purchasing goods, services and experiences, we will ask for your first name, last name, e-mail address, address, city, postal code, country, mobile phone number;
  • if you are looking for a transfer service from the airport to the Valamar facility or vice versa or a transfer service within the Republic of Croatia, we will ask for your first name, last name, mobile phone number, information about the accommodation booking number, flight number and date, and in the case of a cross-border transfer, your nationality;
  • if you want to purchase a cross-border excursion, we will also ask for your date of birth, type and number of the identification document;
  • in case you want to book ski services and/or equipment, we will ask for your first name, last name, gender, date of birth, e-mail, phone number, height, weight, head circumference and foot size.

We will include some of the aforementioned information on vouchers and booking confirmations when applicable.

The purpose of data processing is to successfully respond to your request, then to identify you as a customer, and to conclude and fulfill an agreement and, if necessary, contact you for delivery to the requested address. The legal basis is primarily the fulfillment of legal obligations and the execution of the agreement, that is, the processing is necessary in order to take actions at the request of the data subject before concluding the agreement.

If you use the VEC website, you can open your VEC user account, in which case we ask for the following data: first name, last name, e-mail, and password. You will receive a confirmation of registration by e-mail. The purpose of creating a profile is to enable you to view bookings, purchase history, wish lists and valid or expired vouchers. The legal basis for creating a VEC profile is your consent. Creating a user profile is not a condition for purchasing/booking services on the VEC website.

In the case of a telephone call, based on legitimate interest, we keep a record of the call.

If necessary, for the purpose of executing the agreement, we will deliver some of your personal data to our companies and partners that offer certain services and goods, or organize experiences that you have purchased or booked, and to delivery services in the case of delivery of goods. In this case, they are the data controllers and we advise you to familiarize yourself with their privacy policies.

We will keep the data we collect during the provision of VEC services for a maximum of five years for the purpose of potential complaints about the services provided, and longer only if required by special regulations (accounting, etc.).

In case of filling out a questionnaire about the quality of the experience and publishing comments on the website, only with your consent, the aforementioned data is kept for one year.

We have the right based on legitimate interest to collect certain customer data and use it for direct marketing purposes as described in the MARKETING MESSAGES section.

VALFRESCO WEB SHOP

Valfresco Direkt is our website www.valfresco.com (hereinafter: Valfresco website) intended to provide web store services for food and other products and for ordering food and drinks from Valamar’s facilities. When making a purchase via the Valfresco website, we process personal data you have entered into the web form for your user account (first name, last name, e-mail address, telephone number, address, delivery address) for the purpose of identifying the data subject as a customer, concluding and fulfilling a one-time distance sales and purchase agreement and contacting for delivery. The legal basis is the agreement, or the fulfillment of the sales and purchase agreement in which the customer is a contracting party. Furthermore, processing is necessary to comply with our legal obligations.

In order to fulfill the agreement, but also to fulfill the legal obligation, we have the right to send so-called service messages – confirmations of the concluded agreement, invoices, order confirmations and other notifications closely related to a specific purchase to the customer by e-mail, SMS and/or via an instant messaging platform.

Moreover, after purchase, we have the right based on a legitimate interest to send satisfaction questionnaires to customers by e-mail, SMS and/or via an instant messaging platform and ask customers to rate our service and products if they wish. The primary purpose of the satisfaction questionnaire is to collect data about the service for the legitimate interest of improving our services. We can depersonalize and process this data from the questionnaire for statistical purposes for our own needs of analyzing business and improving the service.

By calling the phone number of the web-shop, we can collect data related to the purpose of the call; for example, if it is about a completed purchase, we will collect the first name, last name, and order number in order to be able to respond to the request. On the basis of a legitimate interest, we also keep records of calls.

We have the right based on legitimate interest to collect certain customer data and use it for direct marketing purposes as described in the MARKETING MESSAGES section.

PRIZE GAMES AND PRIZE CONTESTS

Valamar Riviera may occasionally organize prize games and prize contests, in which case it will collect your personal data only if you decide to participate in the prize game or contest. The data that will be collected this way and that is necessary for participation in the prize game/contest will be determined in the rules of the prize game/contest, and may be different. It is possible that the data of the awardees or winners will be made public.

The data collected this way, based on a kind of contractual obligation, will be used for the purpose of conducting the prize game/contest, in accordance with the published rules of the prize game, and will be deleted within five years after its end.

It will often be the case that guests who fill out a survey form for assessing the quality of service in Valamar’s facilities can also participate in a prize game, which will be clearly indicated on the form itself. We have the right based on legitimate interest to collect certain data from participants in our prize games and contests and use it for direct marketing purposes as described in the MARKETING MESSAGES section.

PUBLIC ANNOUNCEMENTS

Valamar Riviera through its websites, media, profiles on social networks, the internal VIV magazine (either in print or e-edition), video walls and bulletin boards in the facilities, publishes information that is of interest to existing and potential workers, guests, business partners; thus, the public. Such announcements may contain a limited set of personal data, such as first and last name, positions, professional data, videos, statements and photographs.

The legal basis for processing is the legitimate interest of informing the public, but also marketing. During processing, the interest of the data subject is always taken into account, so personal data is not published if it is determined that the interest of the data subject that certain personal data should not be published overrides the interest of Valamar Riviera for its publication. In some situations, publication of information may be based on consent in accordance with the highest standards.

Announcements have a permanent character, which ensures information about current events, as well as insight into previous activities.

Processing will stop if, based on the objection of the data subject, it is established that such objection is justified or if the data subject has withdrawn consent in situations where consent is applicable and in a manner that can be implemented.

MARKETING MESSAGES (NEWSLETTERS)

We have an interest in the processing of personal data that is carried out for the purposes of direct marketing for sending marketing messages, and for this purpose Valamar uses different methods:

  • e-mail marketing (including SMS and/or instant messaging platforms (Viber, WhatsApp, etc.)), which means sending marketing messages (newsletter);
  • the so-called web and mobile app push messages/notifications (short and simple messages sent from the browser or application to your device);
  • remarketing that allows ads to be shown to users who have previously visited one of Valamar’s websites or mobile apps, which you can find more about in the Cookie Policy found on each website.

The legal bases for processing personal data for direct marketing are:

LEGITIMATE INTEREST in the case of a relevant and appropriate relationship between the data subject and Valamar in accordance with point 70 of the introductory provisions of the Regulation, namely:

for basic newsletters (messages) that are sent to certain categories of data subjects who; for example,

  • are guests of Valamar’s facilities;
  • have requested an offer and/or booked accommodation;
  • have participated in a prize game;
  • have filled out a satisfaction questionnaire
  • have filled out an application in the facilities for free WI-FI;
  • have made a purchase in the web store

for newsletters (messages) designed just for you that are sent only to our loyal members

CONSENT for:

  • basic newsletters (messages);
  • newsletters (messages) designed just for you that are sent only to data subjects who have given explicit consent for such offers (and are not loyalty members at the same time);
  • push messages/notifications;
  • additional data in the event that data subjects independently provide additional data when updating their profiles on websites;
  • remarketing that is provided by giving consent to cookies. We especially point out that in some cases, in addition to the data obtained from cookies and pixels for which special consent is given, the data subjects’ data from the existing Valamar database can also be used (e.g. data about persons who have used certain accommodation). In some cases of remarketing, with your consent, the data is, if necessary, transferred to a third country outside the EU where a different level of data protection may be required.

Basic newsletters (messages) that are sent based on legitimate interest are sent only to data subjects who have a relationship with Valamar or Valamar’s facilities. The data processed is first and last name, e-mail, mobile phone number, address, gender, country/language of communication and basic data related to the specific relationship with Valamar Riviera (for example: facility, destination where you are staying, data on the purchase, purchased experience, etc.). All these categories of personal data are considered important because they enable the meaningful creation of a newsletter that is in line with the interests of the data subjects.

Basic newsletters (messages) that are sent based on the consent given by signing up for the newsletter. Signing up for the newsletter is possible via a web form on some of our websites. In order to ensure that there is no error or misuse when entering an e-mail address, we use the so-called Double-Opt in process (double verification): after the address is entered in the registration field, Valamar Riviera sends a confirmation link to the e-mail. Only after you have clicked on the confirmation link, your e-mail address is added to the database for sending a particular newsletter. Such newsletters are sent based on your consent, which you give us by filling out and confirming the form on the website. The content of the newsletter and its purpose will be specified when you register (for example: notifications about current special offers in our facilities, job offers, etc.). If you have updated your profile and provided some other data, this data will also be processed.

Messages (newsletters) designed just for you are messages that are sent to all loyal members as well as to people who have given special consent for this type of messages. To send messages designed just for you, Valamar uses data subject profiling for the purpose of contacting and informing you about offers designed just for you. For these newsletters, a wide range of personal data is processed, which may include the following: first and last name, e-mail, mobile phone number, address, city, country, postal code, gender, language of communication, title, date of birth, wedding anniversary, marital status, number of children and their age, interests (e.g. diving, cycling, etc.), data on requests for offers, bookings and stays (destination, facility, type of accommodation unit, dates of arrival and departure, number of nights, number of adults, number of children), pets, interests, travelling method, accommodation preference and destination preference, connection to social networks, data on purchases made on Valamar’s websites, purchased experience, data collected by completing a satisfaction survey, and for loyal members data collected related to loyal membership, which includes data collected when filling out the Loyal Program membership application form and related to member status (membership card identification number, number of points, number of points used, membership level, method of using points, use of benefits, data related to activities in the Ambassador Program).

The result of profiling is exclusively the best possible design of messages and offers that match your interests, because if we do not have some data, it is possible that our newsletters sent to you will be less relevant to your interests; for example, if we do not have the information that you are interested in cycling, you may not receive a newsletter with some information about benefits for cycling enthusiasts.

The period of processing personal data for the purpose of sending the newsletter is 10 years, counting:

  • from the day of the last stay or other business relationship with us when newsletters are sent based on legitimate interest;
  • from the date of your consent, when newsletters are sent based on your consent.

It is possible that in certain cases we also use the services of a campaign management platform (e.g. Oracle Responsys) for multi-channel campaign management, which enables the creation of personalized messages based on the individual interests and preferences of guests and potential clients. In these cases, it is about automated data processing and we enter into appropriate agreements with these partners.

The processing period for data collected through cookies depends on the type of cookies and is described on each website where they are used.

In all cases where the data subject has given consent, the data subject has the right to withdraw the given consent at any time, free of charge and without explanation. Withdrawal of consent does not affect the lawfulness of processing based on consent before the withdrawal.

In all cases where the processing is based on a legitimate interest, data subjects have the right to object any time, free of charge and without explanation.

Withdrawal of consent, as well as a complaint, can be sent by e-mail to newsletter@valamar.com.

At any time, without explanation and without compensation, and regardless of the legal basis for receiving marketing messages (newsletters), you can unsubscribe from receiving any newsletter by clicking on the link at the bottom of each newsletter, or by blocking the sender in accordance with the rules of the online channel you use and, in that case, you will no longer receive the newsletter, but the data will remain archived.

Unsubscribing from the newsletter is not related to Valamar Riviera’s legitimate interest in sending service messages and satisfaction questionnaires related to a specific stay, purchased experience, etc. to data subjects for whom there is also some other legal basis (for example, guests of facilities, job candidates), as well as other service messages.

The withdrawal of the consent given for cookies can also be given at any time, without explanation and without compensation, and is described in the Cookie Policy.

SERVICE MESSAGES AND SATISFACTION QUESTIONNAIRES

Service messages are messages that we can send by e-mail, SMS, mobile app push messages and/or via instant messaging platforms (Viber, WhatsApp, etc.) which are related to a certain relationship we have with you, that we send based on a legitimate interest, that is, consent when we ask for it, for example:

  • before, during and after your stay at Valamar’s facilities, we can send messages related to booking confirmations, reminders about your stay and other information closely related to the specific stay you have booked;
  • when purchasing/booking goods, services or experiences on one of our sales websites, we may send confirmations of the concluded agreement, invoices, order confirmations, vouchers and other information closely related to the specific purchase or booking.

We send satisfaction questionnaires, which are related to a specific relationship we have with you, based on a legitimate interest, for example:

  • during and after the stay at Valamar’s facilities, we have the right to send questionnaires about satisfaction with the service provided at Valamar’s facilities,
  • after the purchase/booking of goods, services or experiences that you have purchased through our sales channels, we have the right to send questionnaires about satisfaction with the service provided or the goods purchased.

The primary purpose of the satisfaction questionnaire is to collect data for the legitimate interest of improving the service. We can process the results ourselves or through associates.

Service messages and messages with satisfaction questionnaires are not considered marketing messages, and please note that if you have requested that we not send you marketing messages, and you have booked accommodation after that, it is possible that you will receive service messages and satisfaction questionnaires.

In any case, when we send you messages based on legitimate interest, you have the right to object.

WEBSITES

In order to provide you with the best possible service and with easier and faster access to the content that interests you, we have several websites, such as: www.valamar-riviera.com, www.valamar.com, www.camping-adriatic.com, www.places-hotels.com, www.valamarlovesbike.com, www.blog.valamar.com, www.maroworld.valamar.com, www.valamar-experience.com, www.dobarposaouvalamaru.com, www.valfresco.com. This Privacy Policy applies to all of our sites and all subdomains.

We may collect personal data from visitors to our websites that is used for the purposes for which it was provided, all in accordance with the information provided at the time of collection (or an obvious purpose that can be derived from the context of collection). Users have control over the personal data they enter in web forms. For example, on some of our websites you are given the opportunity to sign up for our newsletters in order to receive information or offers. Furthermore, on some websites you are offered the possibility of booking accommodation, buying excursions and goods, applying for a job, applying for various events, etc. In each case, you provide the data we need to fulfill the purpose of each individual case. Information on the processing of personal data can be found on every website at every place where data is collected.

We may also use a wide range of new tools on our websites to improve the user experience, and we use cookies and various other ways to track visitors, such as Google ads, META ads, Dynamic Yield, Google Analytics, Hotjar and others. We also use the Usercentrics Consent Management Platform for managing consent for cookies. Please read more about cookies and other technologies in our Cookie Policy, which can be found on each of our websites.

The legal basis for processing personal data of visitors to our website is a legitimate interest, execution of an agreement or consent if the data subject is asked to give consent.

Visitors have all the rights described in the RIGHTS OF THE DATA SUBJECT section.

This Privacy Policy does not cover the ways of handling information of other companies and organizations that in some cases are connected to our website, and that may use cookies and other technologies, and we advise you to familiarize yourself with their privacy policies and terms of business. Furthermore, the collection of data on websites open for events in which we are listed only as a sponsor, partner, etc., is not our responsibility.

MOBILE APPLICATIONS

We have MyValamar and PLACES mobile applications to make our services more accessible to users.

Considering that you can only use the mobile application using Google play or the App store (depending on your device type), please note that Google and Apple automatically record certain data such as: country, language, age of the user, type of device, duration of using the application, and through our interfaces with Google and Apple, we can get an analysis of this data, but we cannot connect this data to a specific person. This Privacy Policy does not apply to Google and Apple, which have separate privacy policies. More information about Google Play can be found at the link https://policies.google.com/privacy, and about the Apple store at https://www.apple.com/legal/privacy/data/en/app-store/.

In these cases, we will connect you as a user of the application with the data we have about that booking and then we can identify you.

However, it is not necessary to enter this information to use the application, and you can skip that step and view our posts.

You can also sign up for Valamar’s loyalty program, in which case we refer you to the LOYALTY PROGRAM MEMBERSHIP section.

In case you want to book your stay, we will redirect you to our relevant website.

In case you allow us to send notifications, so-called push messages, so only with your consent, we will be able to send you service messages as well as promotional messages.

SOCIAL NETWORKS

In order to be able to better communicate with social network users and streaming platforms and inform them about our offers, we have profiles/pages on social networks Facebook, Instagram, YouTube, Pinterest, Tik Tok and Spotify (collectively hereinafter: social networks).

By using social networks, you accept their rules, among others, and the rules related to the processing of personal data, and we advise you to familiarize yourself with them. You use social networks and their functions at your own risk. Please note that with every interaction on our profiles on social networks and on other profiles, social networks record your behavior through cookies and other technologies, that is, the type, scope and purposes of data processing on social networks are primarily determined by social network operators.

Accordingly, some data (e.g. total number of visitors or visits to the page, activities on the page and data left by visitors, interactions (e.g. commenting, sharing, rating)) are processed and delivered to us by social networks. We have no influence on the creation and display of this data.

We can process personal data related to your user activities on social networks for marketing purposes exclusively based on your consent for cookies that you give on our websites. You can find exactly what kind of cookies they are and their purpose in the cookie settings for each website. Please find more information about cookies in the Cookie Policy.

In addition, we collect data for statistical purposes, for further development and optimization of content and more attractive design of our offer. This especially applies to the use of interactive functions.

In order to better manage social networks, we also use the services of partners with whom we have concluded appropriate agreements.

In case we want to use one of your comments or a picture that you have published on our profile, we will ask for your consent.

If you are a member of a social network, and you do not want that network to collect data about you through our pages on that network and merge it with your membership data stored on the respective network,

  • before visiting our page on the network in question, log out of that network;
  • delete cookies from your computer;
  • close your browser and restart it.

After re-login, you are again recognizable to the network as a specific user.

As we do not have full access to your personal data on social networks, if you wish to exercise your rights, please contact the social network service providers directly, as each has access to the personal data of its users and can implement appropriate measures and provide information.

Since we use social network services that do not operate in the European Union, we are obliged to inform you how these third parties that manage social networks can transfer your data to the USA.

Below are links to the privacy policies of companies that run social networks:
Facebook and (Meta Platforms Inc.) https://www.facebook.com/privacy/policy/
Instagram (Meta Platforms Inc.) https://privacycenter.instagram.com/policy/
Youtube (Google LLC) https://policies.google.com/privacy?hl=en
TikTok (TikTok Ireland, TikTok UK) https://www.tiktok.com/legal/page/eea/privacy-policy/en
Pinterest (Pinterest Europe Ltd. and Pinterest, Inc.) https://policy.pinterest.com/en/privacy-policy
Spotify (Spotify AB) https://www.spotify.com/at/legal/privacy-policy/

JOB CANDIDATES AND EMPLOYEES

This part of the Privacy Policy governs the protection of personal data primarily in processes related to employment, development and education. In this sense, the data subjects are primarily former and current workers, job seekers, persons who do work-based learning (students), persons undergoing professional training, students working on the basis of the so-called student contract, scholarship students who work on the basis of the so-called student contract, agency workers and interim workers, and other persons whose data is processed within the scope of employment and related relations.

Within the framework of data processing carried out in connection with employment, we have identified the following processing purposes:

  • Personnel selection: includes the collection and further processing of relevant tender documents of applied job candidates, testing (including the possibility of online psychological testing) and evaluation, collection and analysis of information about candidates from publicly available sources, including information that the candidate themselves has made public only if it is important because of the risks that a particular workplace entails. The legal basis is the performance of previous actions for concluding an agreement, as well as consent.
  • Mitigating reputational risk: collecting and analyzing information about employees and peers from publicly available sources, including self-disclosed information, only if relevant to the risks inherent to the particular position. The legal basis is a legitimate interest.
  • Conclusion and fulfillment of an agreement: processing for the purpose of concluding an employment contract, student contract, work-based learning (practice) or professional training, scholarship contract with persons who are not employed or any other comparable relationship. The legal basis is also compliance with legal obligations and in order to take actions at the request of the data subject before concluding the agreement as well as the execution of the agreement.
  • Keeping records of employees, persons in a comparable relationship: or other persons (e.g. children, spouses or insurance beneficiaries). The legal basis is compliance with legal obligations.
  • Calculation and payment of wages and exercise of material and other rights: processing is necessary in order to exercise material and other rights; for example, to exercise the right to enter into active employment policy measures (permanent seasonal employee and others), to exercise additional rights of workers under the collective agreement (for example: birth of a child) and others. The legal basis is compliance with legal obligations.
  • Registration of accommodation: data processing is necessary in case the data subjects stay at facilities for personal accommodation of workers in order to register their stay with the competent authorities. The legal basis is the performance of legal obligations.
  • Work Performance Management: this purpose also includes information on the achievement of previously established goals, on-time fulfillment of goals, and further analysis to determine future goals, human resources management, determination of reward amounts, and other relevant measures. The legal basis is a legitimate interest.
  • Remuneration: processing includes remuneration, or compensation payments, whereby such processing may also include data on violations of ethical and other internal rules, data from the work performance management system, on attended trainings, as well as all other relevant data. The legal basis is a legitimate interest.
  • Training: processing for the purposes of training employees and persons in a comparable relationship of persons, including calling for mandatory and optional training, knowledge tests, which includes all necessary actions for the analysis of acquired knowledge and all other relevant information for organization, implementation and further action after implementing training. The legal basis is a legitimate interest and consent when requested.
  • Drafting various reports on workers: legal basis can be the fulfillment of legal obligations, but also a legitimate interest (for example, when making plans for future periods, etc.).
  • Instructions related to work and providing information: collection and processing of data for the purpose of providing quality and timely information to candidates about open positions and tenders, i.e. employment opportunities. Collection and processing of data of all employees, persons in a comparable relationship for the purpose of quality and timely information about: instructions related to the performance of work obligations (for example: work schedule, warnings about hacker attacks, etc.); information about compulsory and optional training; information on exercising rights from the employment relationship; information on employee benefits; information about our business, employees, awards, key activities and initiatives; other information related to the employment relationship. For these purposes, for the sake of speed and better information, we can send information via SMS, e-mail and/or via an instant messaging platform (Viber, WhatsApp, etc.) and through special applications (which workers install on their mobile devices). The legal basis is the execution of the agreement, a legitimate interest and consent when we request it.
  • Benefits for employees: we may decide to introduce the use of various tools in order to achieve various benefits; for example, issuing ID cards to employees that provide discounts at Valamar’s facilities and with our partners. The legal basis is a legitimate interest.
  • Protection of property and persons: includes recording of entry/exit from business premises, the possibility of recording and checking the use of official mobile devices, computer equipment, internet and telephone traffic, official vehicles, premises and other of our property. The legal basis is a legitimate interest.
  • Termination of employment: data processing due to the termination of an employment contract or other comparable contract. The legal basis is the fulfillment of legal and contractual obligations.
  • Ethical conduct monitoring: processing includes all procedures in which compliance with ethical conduct regulations or regulations related to the protection of dignity is investigated, or within the framework of any other disciplinary procedure, regardless of whether the data subject is a reported person or a reporter. The legal basis is a legitimate interest, and in some cases also our legal obligation.
  • Occupational safety: data processing may also be necessary in cases where it is necessary to fulfill the purpose of special regulations on occupational safety, including alcohol testing in accordance with regulations. The legal basis is a legitimate interest, and in some cases also our legal obligation.

In addition to the stated purposes, it is possible to process personal data for other specific purposes, but always within the framework prescribed by law or if the processing is necessary to exercise rights and obligations from the employment relationship, i.e. in connection with the employment relationship and any comparable relationship.

Personnel Selection

We collect, process and retain the data of job candidates in the candidate database based on their voluntary application:

  • application of the candidate via the web application form on the page www.dobarposaouvalamaru.com which serves as a kind of resume (CV);
  • application via e-mail;
  • by coming to organized auditions and filling out application forms;
  • another way.

Data that is usually collected: first name, last name, date of birth, address, nationality, OIB (PID) (for Croatian citizens, given that OIB is the most reliable data used to distinguish candidates), telephone number, e-mail address (for the purpose of contacting), gender, vocational education, language, preferred method of communication.

As a rule, we receive data about candidates directly from candidates, but we can receive them indirectly, from domestic and foreign employment agencies, in which case these agencies are obliged to inform candidates about the processing of their personal data by us.

Candidates send their job applications:

  • as open applications, in which case we process data for the purpose of contacting the candidate in connection with employment for three years (if the person is not employed by us);
  • as applications for specific tenders that have a specified end date, in which case we process data for the duration of the tender and five months from the end of the tender in order to contact candidates regarding employment, and these applications are archived for three years. In the event that candidates who apply for a specific tender that has a specified deadline give special consent, we process the data for the purpose of contacting the candidate regarding employment for three years, as well as open applications (if the person is not employed with us).

We have a legitimate interest in using the obtained private e-mail addresses, as well as other provided contact information, to contact candidates regarding employment. For example, after applying, candidates can receive an automatic response that their application has been received and that candidates whose qualifications and experience match those required for individual positions will be contacted. Furthermore, after applying, candidates can receive a message to the phone number with the proposed date of the interview, a message in which the documentation required for employment is specified, etc. In addition, we have a legitimate interest in contacting people who have worked for a certain period of time, mostly seasonal jobs, for the purpose of informing them about information important for business and key activities at Valamar Riviera and our companies that we manage, and in order to maintain contact for the purpose of possible further cooperation.

You can unsubscribe at any time for free from the list of recipients of our employment-related news by e-mail at ljudski.potencijali@valamar.com.

The retained data is provided by the candidates themselves, but we, based on our legitimate interest in securing the best candidates, ourselves create personal data in connection with recruitment activities, such as the results of job interviews, tests (including online psychological testing) and assessments, and collect personal data from third parties, primarily by checking data obtained during the recruitment process by contacting relevant third parties (for example: employment agencies, education and training service providers) or by using publicly available sources.

Employment and other comparable relationships

As an employer, we collect, process and retain all employee data in the employee database, which is maintained in the IT program and in the employee’s physical files. The data that is collected is listed in the Rulebook on the content and method of keeping records on workers published by the ministry responsible for work and the pension system.

The necessary data to establish an employment relationship is, as a rule, a copy of an identity card, a copy of a current account or payment instruction from a bank, a copy of a protected account (if the employee has one), OIB (PID), proof of formal qualifications (copy of a certificate or diploma), e-book: certificate of pensionable service (obtained from the Croatian Pension Insurance Institute or through the e-Citizens service), electronic record of the tax card form, the so-called PK form (obtained from the Tax Administration or through the e-Citizens service, persons who are employed for the first time do not have an electronic record of the tax card form and must open it at the Tax Administration), birth certificate of the child if they are under 15 years old. Furthermore, according to the Labor Act, workers must provide a certificate of no criminal record and consent to obtaining a certificate of non-conviction for them, in the case of employment in workplaces that are in regular contact with minors.

The necessary data for concluding student contracts are, as a rule: certificate from the faculty for the current year as proof of student status or a copy of the index for the current year enrolled, a copy of the identity card, confirmation of the enrollment fee for the Student Center (not the case with all student centers), one photograph or student ID, OIB (PID).

In addition to this data, we can store in the worker’s file other data collected during the employment process, as well as other data collected during the employment relationship determined by our regulations (for example: awards, warnings, certificates, etc.).

All employee data is stored in the employee database from the date of establishment of the employment relationship and is kept up-to-date until the termination of the employment relationship, and the same is kept as documentation of permanent value in accordance with the relevant regulations.

In our database, we also store the data of other persons in a business relationship comparable to an employment relationship and professional development, namely from the beginning of work and keep it up-to-date until the end of work, and they are kept in accordance with relevant regulations. A special case is the data of students who may be minors, which are subject to special care and whose data is collected and stored in accordance with special regulations with the approval of the school and parents.

Salary data and payroll are subject to special regulations on retention. In any case, all workers and other persons in a business relationship comparable to an employment relationship and professional training have all the rights of the data subject.

BUSINESS PARTNERS

In its operations, Valamar Riviera also processes the data of business partners or potential business partners, namely:

  • natural persons who are, may become or have been business partners of Valamar Riviera, e.g. artisans, persons who are self-employed (e.g. lawyers, doctors, etc.), persons with whom service contracts are concluded (e.g. singers, painters, photographers, etc.) and other natural persons who have the position of an entrepreneur;
  • natural persons who, in some part of the business, represent legal persons with whom Valamar Riviera has, may have or had a business relationship (e.g. persons who carry out deliveries for their employer, a company, persons to whom invoices are sent for their employer, a legal person, signatories of contracts for a company represented by persons who perform handover for the company, persons who organize congresses for their legal entity, etc.). )

In the context of processing data subjects’ data, Valamar Riviera has identified the following processing purposes:

  • Conclusion of an agreement: processing for the purpose of concluding an agreement from any area of our activity (for example: sending inquiries, sending special offers, searching for information about the signatories of the agreement, sending tenders for legal entities represented by data subjects, etc.). It is possible that we use applications created for bidders who wish to participate in Valamar’s tenders, in which case we will ask you to regress.
  • Fulfillment of the agreement: data processing is necessary for the purpose of fulfilling the agreement, which includes the fulfillment of obligations, monitoring their execution and ensuring all relevant measures for their execution (for example: to agree on the time and place of delivery of equipment based on the agreement, to send invoices, etc. for which cases, we will exchange the employee’s contact information (e-mail, mobile phone number) solely for the purpose of fulfilling the agreement).
  • Information: the collection and processing of data is necessary for the purpose of quality and timely information, therefore Valamar Riviera has the right based on a legitimate interest to collect certain data and use it for direct marketing purposes as described in the MARKETING MESSAGE section.

In addition to the stated purposes, it is possible to process personal data for other specific purposes, but always within the framework prescribed by law or if the processing is necessary to exercise rights and obligations from a business relationship.

The type of data subjects’ personal data that is collected are:

  • first and last name
  • e-mail;
  • telephone number;
  • data on the position within the legal entity it represents (e.g. sales officer, management secretary, etc.);
  • occupation when the data subject is a natural person with whom a contractual relationship is entered into (for example: singer, painter, photographer, lawyer, doctor...);
  • sometimes references and short CVs (especially for consultants);
  • data stated on the forms of blank promissory notes, promissory notes, bills of exchange;
  • bank account number (IBAN) when the business partner is a natural person with whom a contractual relationship is entered into, and;
  • other data depending on the nature of the business relationship.

Places where personal data of data subjects is collected:

  • received offers of data subjects for business cooperation;
  • data received from data subjects in the context of the sale of products/services or the purchase of products/services from a business partner (for example: fairs, congresses, etc.);
  • business correspondence related to certain previous or current business cooperation (for example, correspondence carried out as part of the execution of an agreement);
  • publicly published data (for example: court register, websites of business partners, magazines, newsletters, etc.).

In addition to the aforementioned types of data and the place of collection, it is possible to process personal data for other specific purposes, but always within the framework prescribed by law or if the processing is necessary to exercise rights and obligations from a business relationship.

VIDEO SURVEILLANCE

As a data controller, Valamar Riviera has a legitimate interest in implementing video surveillance measures to protect property and persons, and in certain cases (for example: exchange offices located at the reception desks of the facilities) it also has a legal obligation to install surveillance cameras that record all persons moving within the perimeter of the surveillance camera (guests, employees, business partners, etc.).

The processing of personal data of employees through the video surveillance system is also carried out under the conditions established by the regulations governing occupational safety.

In the prescribed manner, we mark all places where video surveillance is installed.

We are aware that videos contain personal data of all the people who move around the perimeter of the camera, and therefore keep them with special care, we have a regulated system of security and availability and deletion policy, which is governed by our internal security rules.

Videos are automatically deleted after a maximum of 15 days from the day of recording. In the case of the need for exemption (duplication), the videos are kept for a maximum of six months, unless another law prescribes a longer storage period or if they are evidence in a judicial, administrative, arbitration or other equivalent procedure. Excluded videos will be stored in a central reporting system with extremely limited access.

In the event of judicial and/or criminal proceedings, we may use the aforementioned videos. Personal data on videos can also be viewed by third parties, data processors, our contractual partners registered and expert in the provision of services for the protection of persons and property, who in no way use the stated data independently, but take care of the security of central monitoring and reporting systems. Special regulations governing that area apply to all other details related to video surveillance.

FINAL PROVISIONS

This Privacy Policy is available on https://valamar-riviera.com/en/gdpr-privacy-policies/, https://www.valamar.com/en/privacy-policy, as well as other Valamar web-pages, and also in human resources offices and at the receptions of Valamar facilities.

Due to transparency requirements, we will regularly revise this Privacy Policy.

This Privacy Policy was published on 1 January 2024.

Helios Faros d.d. privacy policy

GENERAL PART

DATA CONTROLLER AND LEGAL FRAMEWORK

HELIOS FAROS, as the data controller, undertakes to protect your personal data. The collection and storage of data is carried out pursuant to provisions of EU Regulation 2016/679 of the European Parliament and of the Council as of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter: Regulation), the Act on implementation of the General Data Processing Regulation (OG 42/2018) and other regulations governing the subject area, which are applicable in the Republic of Croatia.

SCOPE OF APPLICATION

This Policy applies to any processing of personal data by HELIOS FAROS as the controller, unless another HELIOS FAROS policy or other document provides otherwise for a particular processing. In some cases, HELIOS FAROS also acts as a data controller for respondents who are also respondents to companies with which HELIOS FAROS has concluded business contracts on the basis of which it manages the tourism part of its business within its powers under these contracts.

This Privacy Policy is divided into two parts: the General Part and the Special Part. The basic principles of personal data processing, contact details of personal data protection officers and other provisions set out in the General Part of the Policy apply without exception to any processing of personal data regardless of whether such processing is specifically processed in the Special Part of the Policy. The Special Part of the Policy deals in more detail with special cases of data processing, which represent the majority of all HELIOS FAROS processing.

HELIOS FAROS concluded on 16.08.2019 the Agreement with VALAMAR RIVIERA d.d. Contract in relation to the management of hotel and tourist facilities and contents on the basis of which VALAMAR RIVIERA d.d. manages certain business segments, i.e., performs certain tasks based on general powers on behalf and for HELIOS FAROS as a management company. In this sense, HELIOS FAROS and VALAMAR RIVIERA d.d. can act as joint managers of personal data of employees, guests and business partners for the purpose of managing the operational part of business, business process management and providing contracted services, providing appropriate information to employees, guests and business partners (hereinafter: access to personal data from management services).

DATA PROTECTION OFFICER

HELIOS FAROS has appointed a personal data protection officer who you can contact at any time via the following e-mail address: gdpr@heliosfaros.hr or by mail to the postal address Helios Faros d.d., Naselje Helios 21460 Stari Grad, Republic of Croatia - for DPO, for issues related to personal data protection and exercising the rights guaranteed by the Regulation.

All non-personal data protection requests submitted to the Data Protection Officer, such as offers of job candidates, inquiries for reservations at HELIOS FAROS facilities, etc., will be forwarded directly to the relevant HELIOS FAROS departments, without special replies to the sender from the data protection officer.

PRINCIPLES OF PERSONAL DATA PROTECTION

HELIOS FAROS has recognized the principles of data processing as basic values that must be respected throughout the cycle of personal data processing, from their collection to their destruction or other cessation of processing. HELIOS FAROS processes data:

  • Legally - processing will be possible if it is allowed by law, within the limits set by law.
  • Fair enough - respecting the specifics of each relationship, applying all adequate measures for protection of personal data and not preventing the respondent from exercising his rights.
  • Transparently - informing the respondents about the processing of personal data. From data collection when respondents are informed about all aspects of data processing until the end of data processing, respondents are provided with easy and fast access to their own data, which includes the ability to view and obtain a copy in accordance with the Regulation. Certain information may be restricted only when required by law or when necessary to protect third parties.
  • With purpose limitation - processing personal data for the purposes for which they were collected, and for others purposes if the conditions set out in the Regulation are met. Data may be processed for concurrent purposes only taking into account: (a) any link between the purposes of the collection of personal data and the purposes of the intended continuation of the processing; (b) the context in which personal data were collected, in particular as regards the relationship between the respondents and HELIOS FAROS; (c) the nature of personal data, in particular whether specific categories of personal data are processed in accordance with Article 9 of the Regulation or personal data relating to criminal convictions and criminal offenses in accordance with Article 10. Regulations; (d) the possible consequences of the intended continuation of processing for the respondents; and (e) the existence of appropriate safeguards.
  • With storage restriction - storing data in a form that allows the identification of respondents only for as long as necessary for the purposes for which personal data are processed, and longer only if permitted by regulations.
  • With a reduction in the amount of data - processing data if they are appropriate, relevant and limited to what is necessary. Particular care is taken not to collect data for which there is no justified need for processing.
  • Taking care of accuracy - taking into account the accuracy and timeliness of the data and deleting inaccurate data as far as possible.
  • Taking care of integrity and confidentiality- providing technical and organizational measures for adequate security of personal data, including protection against unauthorized use or illegal processing and from accidental loss, destruction or damage by the application of appropriate technical or organizational measures. Relevant measures are applied taking into account the risk of each type of data processing.

LEGALITY OF PERSONAL DATA PROCESSING

In order to respect the lawfulness of the processing of personal data, HELIOS FAROS processes personal data only if and to the extent that at least one of the following is met:

  • Processing is necessary for the execution of the contract in which the respondent is a party or to take action at the request of the respondent prior to the conclusion of the contract; this is the most common purpose of data processing of respondents where the backbone is an existing contractual relationship or a contractual relationship that is sought to be achieved. Processing is necessary to comply with the legal obligations of the data controller. HELIOS FAROS as a legal entity has a number of obligations prescribed by various regulations. This obligation includes the collection and often the provision of data to public authorities. For example, the processing of personal data of shareholders who apply for the General Assembly, the processing of personal data of participants in meetings held at the premises of HELIOS FAROS in accordance with anti-epidemic measures and the like.
  • Processing is necessary for the legitimate interests of the controller or a third party, except where those interests outweigh the interests or fundamental rights and freedoms of respondents requiring the protection of personal data, taking into account reasonable expectations of respondents based on their relationship with the controller, in particular if the respondent is a child. In applying this legal basis, HELIOS FAROS estimates that the processing is appropriate to business needs, that it is as invasive as possible and that the interests of the respondents do not outweigh the legitimate interests of HELIOS FAROS or a third party. Examples of such processing are processing for administrative purposes, the purpose of maintaining the security of computer networks, the purposes of direct marketing and improving our business. The respondent in these situations always has the right to object to such processing.
  • Processing is necessary to protect the key interests of the respondent or other natural person. The right to the protection of personal data is not an absolute right and HELIOS FAROS equates it with other fundamental rights in accordance with the principle of proportionality. HELIOS FAROS acknowledges the possibility that in some situations it is necessary to process personal data in order to protect the key interests of respondents or other natural persons.
  • The respondent consented to the processing of his personal data for one or more special purposes. When processing personal data on the basis of consent, HELIOS FAROS takes special care that these are situations in which there are no, formal or informal, consequences for granting, refusing to give or denying consent. When processing is based on consent, the respondent may withdraw consent at any time without negative consequences. Withdrawal of consent does not affect the lawfulness of processing based on consent prior to its withdrawal.

In some emergencies, HELIOS FAROS may process data that would not be processed in regular situations, such as collecting data based on the recommendations of the Croatian Institute of Public Health in the event of epidemics and the like.

TYPES OF PERSONAL DATA PROCESSED

Special categories of personal data: special categories of personal data are processed only if the conditions of Article 9 of the Regulation are met. For example, HELIOS FAROS processes employee data that fall into special categories of personal data, such as data on trade union membership (for example, when exercising special rights under relevant regulations), religious or philosophical beliefs (for example, when exercising the right to additional non-working days for religious holidays), if the individual has voluntarily disclosed such data for the stated purpose)or data related to health (for example according to special regulations on occupational safety or keeping records of workers or when special health certificates are required for certain jobs), etc.

Data on criminal convictions and criminal offenses: where there is legal authority to do so, HELIOS FAROS also processes personal data relating to criminal convictions and criminal offenses, such as certificates of impunity for workers.

Personal data that do not belong to the previous two groups: such personal data make up the largest part of the processed data, and these are most often identification and contact data such as name and surname, PIN, data generated on the basis of movement in the premises under video surveillance.

Most personal information that HELIOS FAROS is collected, provided by the respondents themselves, and please do not provide sensitive information (e.g., race or ethnic origin, political opinions, religious or philosophical beliefs, etc.) when not necessary. If you nevertheless provide sensitive information for any reason, you hereby give your express consent to the collection and use of this information in the ways described in this Policy or in the manner described at the time of disclosure of this information.

DELIVERY OF DATA TO THIRD ENTITIES

HELIOS FAROS shares personal information with others only when permitted.

As part of its legal obligations, HELIOS FAROS is obliged to provide data to third parties. For example, delivery of guest data via the eVisitor system, delivery of employee data to the competent institutions: the Croatian Pension Insurance Institute, the Croatian Health Insurance Institute, the Tax Administration and the Central Register of Insured Persons and pension companies. Also, in certain cases, HELIOS FAROS is obliged to submit or make available data related to employment to the Croatian Employment Service, for example to include workers in active employment policy measures, competent police stations or the ministry responsible for internal affairs, for example in the case of senior government officials. in HELIOS FAROS facilities, as well as for issuing work permits, to the ministry in charge of tourism in the case of employment of scholarship holders, the ministry in charge of economy and entrepreneurship when it comes to the use of investment aid, insurance companies, banks and in other cases when required by regulations.

Also, certain employee data is sent to banks or pension funds as part of payments, and data can also be sent to creditors in accordance with enforcement regulations. Sometimes data are sent with regard to contractual obligations, for example with students in practice, data are exchanged with schools, colleges.

Certain personal data are also provided to business entities for the purpose of providing specific services such as health examinations of workers (contracted occupational medicine), further, institutions that organize legally mandatory training (occupational safety, hygiene, toxicology) or audit firms in conducting statutory audit, public notaries when certifying, the Financial Agency for the purpose of obtaining business certificates, public procurement officers when HELIOS FAROS applies for public procurement tenders, further for the purposes of awarding and using official cards, official mobile devices or for the purchase of fuel.

It is possible to deliver data to business entities, executors of processing, who process data on behalf of HELIOS FAROS acting as data controller. Most often, these are HELIOS FAROS business associates who provide IT services, who keep them in their databases or have the possibility of accessing personal data until the end of processing. A detailed agreement is concluded with such entities regarding their powers and obligations in the processing of personal data, in accordance with the requirements of the Regulation.

In certain situations, it is possible for external entities together with HELIOS FAROS to jointly determine the purposes and methods of personal data processing, then these external partners and HELIOS FAROS are joint controllers. In these relations, the joint controllers shall determine in a transparent manner their responsibilities for compliance with the obligations under the Regulation, in particular with regard to the exercise of respondents' rights and their duties for compliance with processing transparency, unless responsibilities are established by law.

A special case of data delivery to third parties is the fact that HELIOS FAROS has concluded business contracts with companies on the basis of which it manages the tourism part of the business. This means that in certain cases, guests of HELIOS FAROSA can also receive from HELIOS FAROSA offers that contain information about other hotels and facilities managed by HELIOS FAROS. Also, based on entrepreneurial contracts, HELIOS FAROS has certain rights and obligations related to human resources. In these cases, HELIOS FAROS has the right to process the personal data of the respondents of these companies. All the principles from this Policy also apply to the respondents of those companies in the segments in which HELIOS FAROS was included as the data controller, however, these companies are also responsible as the controllers of their data processing of respondents.

If data is transferred to third countries as part of data processing, HELIOS FAROS ensures compliance with high standards of protection in order to comply with the highest possible standard of personal data protection, in accordance with the strict requirements of the Regulation. In this sense, when international transfers of personal data are in use, HELIOS FAROS will inform the respondent about the intention to disclose personal data to a third country or international organization and about the existence or non-existence of a European Commission decision on adequacy. Any transfer of personal data to third countries will be carried out in accordance with Chapter V of the Regulation.

DATA STORAGE TIME

Respondents' data are processed and stored in accordance with applicable legal regulations when the retention obligation is prescribed (e.g. payrolls, analytical records on salaries for which mandatory contributions are paid are kept permanently, and accounting documents based on which data are entered in the diary, the main book and auxiliary books are kept for at least eleven years), and in situations where HELIOS FAROS is authorized to determine the retention periods, the data are kept as long as necessary for the purposes for which personal data are processed taking into account the purpose of processing, legitimate interests of HELIOS FAROS and the interests of the respondents to have the data deleted.

RIGHTS OF RESPONDENTS

Regardless of the basis of data collection, respondents can exercise the following rights free of charge within the limits prescribed by the Regulation:

Right to information: the respondent has the right to be informed about the processing and its purposes. HELIOS FAROS takes care to provide all information to the respondent that is necessary to ensure fair and transparent processing taking into account the context of processing.

Right to delete („Right to oblivion“): the respondent has the right to ask HELIOS FAROS to delete personal data concerning him / her, without undue delay in accordance with the conditions set out in the Regulation. To do so, send us your request as a data controller in writing, including an electronic form of communication. Please note that the application needs to specify what exactly you want to be deleted because we may store your data on different legal grounds, for example the respondent may be both our guest and a candidate for employment. You have the right to request the deletion of personal data relating to you if one of the following conditions is met:

  • Your personal information is no longer necessary in the relationship for the purpose for which we collected or processed them
  • you have withdrawn the consent on which the processing is based even if there is no other legal basis for the processing
  • you have objected to the processing of your personal data and if there are no stronger legitimate reasons for our processing
  • personal data has been processed illegally
  • personal data must be deleted in order to comply with a legal obligation.

In some cases, it may not be possible to fully fulfil the deletion request, such as when there is a legal obligation to keep, when the legitimate interest of the data controller is stronger than the interest of the respondent, when there is an interest of the data controller to set, realize or defend legal claims.

Right of access to data: Upon the request of the respondent, HELIOS FAROS will issue him with a certificate as to whether his personal data are being processed and, if such personal data are being processed, access to personal data and purpose of processing, categories of data, potential recipients to whom personal data will be disclosed and other data in accordance with the requirements of the Regulation. The respondent is also entitled to receive a copy of the personal data being processed. Access to personal data may be restricted only in cases prescribed by law, i.e., when such restriction respects the essence of the fundamental rights and freedoms of others.

Right to correction: the respondent has the right to obtain from HELIOS FAROS, without undue delay, the correction of inaccurate personal data relating to him. Taking into account the purposes of processing, the respondent has the right to supplement incomplete personal data. To do so, send us your request as a data controller in writing, including an electronic form of communication. We note that in the request it is necessary to specify what is not accurate, complete or up-to-date and in what sense the above should be corrected and submit the necessary documentation in support of their allegations.

Right to data portability: The respondent has the right to receive personal data relating to him in a structured, commonly used and machine-readable format in accordance with the requirements of the Regulation.

Right to object: when HELIOS FAROS processes data on the basis of its legitimate interests which are stronger than the interests of the respondent, then the respondent has the right, based on his special situation, to object at any time to the processing of personal data relating to him.

Right to limit processing: the respondent has the possibility to ask HELIOS FAROSA to exercise the right to limit the processing in case he disputes the accuracy of personal data, considers the processing illegal and opposes the deletion of personal data and instead requests restriction of their use and the respondent objected to legitimate reasons of the leader processing the reasons of the respondents.

In any case, respondents also have the right to:

  • file a complaint with the Personal Data Protection Officer
  • file a complaint with the supervisory body (Personal Data Protection Agency) if they consider that their data protection rights have been violated.

Send your written request to the contact address of the Personal Data Protection Officer: katija.damijanic@heliosfaros.hr or by mail to Helios Faros d.d., Settlement Helios 21460 Stari Grad, Republic of Croatia - for DPO

HELIOS FAROS has the right to publish a form that will be used to submit the request in order to process the request as efficiently as possible.

Upon request, HELIOS FAROS shall provide information on the actions taken in relation to the exercise of the rights of the respondents without undue delay and in any case within one month from the date of receipt of the request. This period may be extended by an additional two months, as appropriate, taking into account the complexity and number of applications. HELIOS FAROS shall inform the respondent of any such extension within one month from the date of receipt of the request, together with the reasons for the postponement.

If the respondent submits the request electronically, HELIOS FAROS shall provide the information electronically, if possible, unless the respondent requests otherwise.

Respondents' requests are generally free of charge, but if respondents' requests are clearly unfounded or excessive, especially due to their frequent recurrence, HELIOS FAROS is entitled to charge a reasonable fee based on administrative costs or refuse to act on the request.

PROTECTION OF PERSONAL DATA OF CHILDREN

HELIOS FAROS advises parents and guardians to teach children (up to 18 years of age) about safe and responsible handling of personal data, especially on the Internet. HELIOS FAROS processes personal data of children only with the prior consent of parents / guardians (for example: scholarship holders, when children are guests of our facilities, visitors to Maro playrooms, etc.).

SOURCES OF PERSONAL DATA

HELIOS FAROS receives personal information most often from respondents. When providing personal information to HELIOS FAROS, in any way (booking accommodation, job application…), you guarantee that the information you provide is correct, that you are legally capable and authorized to dispose of the information and that you fully agree that HELIOS FAROS your information uses and collects in accordance with the positive regulations and terms of this Privacy Policy.

HELIOS FAROS also receives personal data from other natural and legal persons, for example: from travel agencies that forward guest data for accommodation purposes, guests who book accommodation for people with whom they will stay in facilities, employment agencies and employees . When giving personal data of other persons to HELIOS FAROS, you guarantee that the information you have provided is accurate, that you are legally capable and authorized to dispose of the given information, that respondents whose personal data you forward to HELIOS FAROS agree that HELIOS FAROS uses and collects their data in accordance with positive regulations. and the terms of this Privacy Policy.

TECHNICAL AND INTEGRATED DATA PROTECTION

As the data controller, HELIOS FAROS takes care of the highest organizational and technical standards of data protection. Therefore, taking into account the latest developments, cost of implementation and the nature, scope, context and purposes of processing, as well as risks of different levels of probability and seriousness for the rights and freedoms of individuals arising from data processing, appropriate technical and organizational measures to enable the effective application of data protection principles.

Also, HELIOS FAROS implements appropriate technical and organizational measures to ensure that only personal data necessary for each specific processing purpose are processed in an integrated manner. HELIOS FAROS applies this measure to the amount of personal data collected, the scope of their processing, the storage period and their availability. Specifically, such measures ensure that personal data are not automatically, without the intervention of an individual, available to an unlimited number of individuals.

TREATMENT OF PERSONAL DATA BREACHES

HELIOS FAROS, as the controller, ensures that in the event of a personal data breach without undue delay and, if possible, no later than 72 hours after learning of the breach, reports to the competent supervisory authority on the personal data breach, unless the personal data breach is likely to pose a risk. for the rights and freedoms of individuals.

The report submitted to the supervisory authority shall contain all information in accordance with the Regulation.

In the event of a personal data breach that is likely to pose a high risk to the rights and freedoms of individuals, HELIOS FAROS, as the controller, informs the respondent about the personal data breach without undue delay. Sometimes, in cases where the Regulation prescribes, informing respondents is not mandatory.

SPECIAL PART


STAY IN FACILITIES (hotels, apartments, camps)

The main business of HELIOS FAROS is the provision of accommodation services in hotels, apartments and camps. Therefore, HELIOS FAROS collects and processes your personal data for various purposes with the ultimate goal of providing quality accommodation and related services all according to the highest standards of tourist companies.

Your personal data, which you must provide in order to be provided with the service of HELIOS FAROS, as the data controller, keeps in its database for the purpose of fulfilling the accommodation contract and fulfilling the legal obligations related to the catering business. In case you do not provide HELIOS FAROS with the minimum data required for booking accommodation and during the registration stay with all competent registries, HELIOS FAROS will not be able to provide you with accommodation booking services or accommodation services in accordance with the contract and law.

Certain information is necessary in order to take action at the request of the respondent before concluding the accommodation contract. For example, before booking accommodation, at the request of potential guests, offers for accommodation are sent, for the creation of which HELIOS FAROS needs personal data, at least the name, surname and e-mail address in order to send an offer.

Personal information that HELIOS FAROS collects when booking accommodation (reservations via the web or reservations by phone by calling the call centre or reservations by accepting the offer by e-mail) in order to fulfil the reservation obligation are:

  • name and surname of the reservation holder
  • residence address (Croatian citizens)
  • date of birth
  • number, type of identification document and place of issue
  • citizenship
  • object name
  • number of accommodation units, type of accommodation unit (room type)
  • date of arrival and departure
  • number of persons for whom accommodation and accommodation by rooms are reserved
  • which persons are minors
  • eventually other specifics depending on the request of the person booking the accommodation
  • email address if the person has it
  • language
  • phone
  • membership in the Loyalty Program if it affects the price of accommodation or the collection of points
  • method of payment and possibly additional information necessary for the purpose of executing transactions or securing payments.

In case of cancellation, we must save your data for the purpose of proving the reservation or cancellation.

Upon arrival at the facility, guests usually check in at the reception of the facility via a registration card that the guest fills out or reviews and confirms the accuracy of the data or check in using self-check-in applications. In any case, the data is entered into the guest database from which the data is automatically sent to the eVisitor system (unique online information system for check-in and check-out of guests) in order to comply with legal obligations.HELIOS FAROS Data to be collected (data subject to change due to changes in positive regulations):

  • name and surname
  • place, country and date of birth
  • citizenship
  • number and type of identification document
  • residence and address
  • date and time of arrival or departure from the facility
  • sex
  • basis for exemption from payment of tourist tax or reduction of tourist taxes.

These data are processed by tourist boards and public authorities of the Republic of Croatia for the following legal purposes:

  • monitoring the fulfilment of the obligation to register and deregister tourists by the person obliged to register and deregister (accommodation service provider)
  • records, calculation and collection of tourist tax
  • keeping a book or guest list by the accommodation service provider and monitoring the execution of stated obligations by inspection bodies
  • reports of aliens to the ministry responsible for the interior and monitoring the implementation of this obligation by inspection bodies
  • keeping a list of tourists by tourist boards and statistical processing and reporting
  • supervision over the operations of the accommodation service provider in the part related to the legality of performing activities or the provision of registered services and compliance with tax and other regulations on public benefits.

Considering that it is prescribed that guest registration data be entered on the basis of data from the identity card, i.e., travel or other identity document, the guest is obliged to provide HELIOS FAROS with such a document and provide all other information necessary for registration data and are not contained in such a document. Also, in order to exercise some rights and benefits, it is necessary to attach (copies) of appropriate documents, certificates and documents proving and exercising such rights and benefits.

Also, HELIOS FAROS is obliged to keep all invoices, as well as the basis for issuing invoices issued to guests with personal data of the guest in accordance with legal regulations.

Other data related to the circumstances of your stay, such as: mode of travel, who you are traveling with, marital status, number of children, pets, other interests, will also be collected and processed during your stay when directly related to the accommodation service.

Before, during and after your stay, HELIOS FAROS, as the data controller, has the right to send you, as a guest, a so-called service messages - booking confirmations, reminders of the stay and other information closely related to the specific stay you have booked.

Also, during and after the stay, HELIOS FAROS as the data controller has the right based on the legitimate interest of you as a guest by email, SMS and / or instant messaging platform (Viber, WhatsApp, etc.) to send satisfaction questionnaires that will process alone or through collaborators. The primary purpose of the satisfaction questionnaire is to collect data on the service for the legitimate interest of improving the service by HELIOS FAROS, and HELIOS FAROS can depersonalize and process the data from the questionnaire for statistical purposes.

HELIOS FAROS has the right, on the basis of a legitimate interest, to collect certain data and use it for direct marketing purposes as described in the Newsletters section.

Service messages and messages with satisfaction questionnaires related to the specific stay of the guest are not considered newsletters for the purpose of sending offers and news HELIOS FAROS.

In relation to the above information, VALAMAR RIVIERA d.d. provides access to personal data from management services.

CANDIDATES FOR EMPLOYMENT AND WORKERS

HELIOS FAROS is the employer of a large number of individuals and this part of the Policy regulates the protection of personal data primarily in the processes related to employment, development and education within HELIOS FAROS. In this sense, the respondents are primarily former and current workers, job seekers, interns (students), professional development, students who work on the basis of the so-called. student contract, scholarship holders and other persons whose data are processed within the framework of employment law and related relations.

As part of the processing of employment data, HELIOS FAROS identified the following processing purposes:

  • Personnel selection: includes the collection and further processing of relevant competition documents, testing and evaluation, the collection and analysis of information on candidates from publicly available sources, including information publicly disclosed by the candidate if relevant to the risks of the job.
  • Reputation risk reduction: collecting and analysing information on employees and persons in a comparable relationship from publicly available sources, including information publicly disclosed by the respondent if relevant because of the risk involved in the job.
  • Conclusion of the contract: processing for the purpose of concluding an employment contract, student contract, professional practice or professional training, scholarship contract with persons not employed in the IMPERIAL RIVIERA or any other comparable relationship.
  • Exercise of material and other rights: processing is necessary in order to exercise the material and other rights of workers, persons in a comparable relationship or other persons (e.g., children, spouses or insurance beneficiaries), for example to exercise the right to enter into active employment policy measures (permanent seasonal and others), for realization of additional rights of workers under the collective agreement HELIOS FAROS (for example: birth of a child) and others.
  • Fulfilment of the contract: data processing is necessary for the purpose of fulfilment of the contract by the respondents, which includes fulfilment of work obligations, monitoring of their execution and ensuring all relevant measures for their execution.
  • Accommodation registration: data processing is necessary in case the respondents stay in the facilities for personal accommodation of workers in order to register their stay with the competent authorities.
  • Performance management: this purpose includes information on the achievement of previously set goals, timely fulfilment of goals and further analysis to determine future goals, human resources management, determining the number of awards and other relevant measures.
  • Rewarding: processing includes rewarding or payment of fixed and variable part of the fee, where such processing may include data on violations of ethical and other internal rules, data from the performance management system, on attended training, as well as all other relevant data.
  • Education: processing for the purpose of educating persons acting under the guidance of HELIOS FAROS, including knowledge tests, which includes all necessary actions for candidacy and registration of respondents, analysis of acquired knowledge and all other relevant information for organizing, implementing and further action.
  • Preparation of various reports on workers: some reports are prepared for the legal obligation of HELIOS FAROS, some for the exercise of certain rights, fulfilment of obligations of HELIOS FAROS in case of contracting and realization of additional benefits for workers, budgeting, etc.
  • Informing: collection and processing of data for the purpose of quality and timely informing of candidates about open positions and competitions, i.e., employment opportunities within HELIOS FAROS. Collection and processing of data for the purpose of quality and timely informing all HELIOS FAROS employees about new changes or special notices important for the exercise of employment rights or important information in the field of general knowledge of events and activities in HELIOS FAROS related to employment rights or of every comparable relationship. For this purpose, for the sake of speed and better information, information is sent by phone and / or to official e-mail addresses, or private if the employee has given consent to use the e-mail address for this purpose. Furthermore,
  • Protection of property and persons: includes monitoring of entry / exit from business premises, use of official mobile devices, computer equipment, internet and telephone traffic, cars, premises, and other HELIOS FAROS property as well as access to guest property in accordance with internal acts.
  • Termination of employment: data processing due to termination of employment contract or other comparable contract, in order to fulfil legal and contractual obligations.
  • Monitoring ethical behaviour: processing includes all procedures in which compliance with ethical conduct or regulations related to the protection of dignity is investigated, or in the framework of any other disciplinary action, regardless of whether the respondent is a registered person or an applicant.
  • Safety at Work: data processing may also be required in cases where it is necessary to fulfil the purpose of special regulations on occupational safety, including alcohol testing in accordance with regulations.

HELIOS FAROS has a legitimate interest in realizing various benefits for its employees, as well as facilitating some business processes. In this sense, HELIOS FAROS can, based on a special decision, decide on various tools to achieve these purposes (for example, issuing employees ID cards that receive discounts, giving certain instructions via SMS, taking photos in certain cases, etc.) in which case inform all workers in a timely manner.

In addition to the stated purposes, it is possible to process personal data for other specific purposes, but always within the framework prescribed by law or if the processing is necessary for the exercise of rights and obligations arising from employment, or in relation to employment and any comparable relationship.

HELIOS FAROS database on former and current employees, candidates, interns (students), professional development, students working on the basis of the so-called. student contract, scholarship holders and other persons whose data are processed in the framework of labour law and related relations is kept in a special application. An appropriate contract has been concluded with the holder of maintenance and support of the application as the executor of personal data processing.

Personnel selection

HELIOS FAROS as a potential employer collects, processes and stores data of candidates for employment in HELIOS FAROS in the database of candidates on the basis of their voluntary application, in the following ways:

  • Candidate application via a web application form that serves as a CV
  • login via email
  • by attending organized auditions and filling out application forms
  • on the other way.

Data collected as a rule: name, surname, date of birth, address, citizenship, OIB (for Croatian citizens, given that OIB is the most reliable information that distinguishes candidates), mobile phone, e-mail address (for contact purposes), gender, education, language, preferred mode of communication.

Candidates may obtain information from HELIOS FAROS indirectly, from domestic and foreign employment agencies, in which case those agencies are obliged to inform candidates about the processing of their personal data by HELIOS FAROS.

Candidates send their job applications to:

  • as open applications in which case we process data to contact the candidate in connection with employment for five years
  • as applications for specific tenders that have a specified deadline in which case, we process the data during the competition and five months from the end of the competition in order to contact the candidate in connection with employment, and these applications are archived for five years.

In the event that candidates who apply for a specific competition that has a specified deadline give special consent, we process data to contact candidates in connection with employment for five years, as well as open applications.

HELIOS FAROS has a legitimate interest in using the obtained e-mail addresses, as well as other submitted contact information for contacting candidates related to employment. For example, after applying, candidates may receive an automatic reply that their application has been received and that candidates whose qualifications and experience are in line with those required for individual jobs will be contacted. Also, after applying, candidates can receive a message on the phone number with the proposed date of the interview, a message stating the documentation required for employment and the like. In addition, HELIOS FAROS has a legitimate interest in contacting temporary workers, mainly seasonal jobs, for information on information relevant to business and key activities in HELIOS FAROS, and to maintain contact for possible further cooperation.

The data is kept by the candidates themselves, but HELIOS FAROS creates personal data related to employment activities, such as the results of job interviews, tests and assessments, based on the legitimate interest of ensuring the best candidates, and collects personal data from third parties, primarily by verification data obtained during the recruitment process by contacting relevant third parties (for example: employment agencies, education and training providers) or using publicly available sources.

Employment relationship and other comparable relationships

HELIOS FAROS as an employer collects, processes and stores all employee data in the employee database kept in the IT program and in the physical files of employees. The data collected are listed in the Ordinance on the content and manner of keeping records of workers published by the ministry responsible for labour and the pension system.

Needed data for employment are usually: copy of ID card, copy of current account or instructions for payment from the bank, copy of protected account (if the employee has one), OIB, proof of education (copy of certificate or diploma), e-book: certificate of retirement, (obtain it from the HZMO or through the e-Citizens service), Electronic record of the tax card form, the so-called PK form (obtained from the Tax Administration or through the e-Citizens service, first-time employees do not have an electronic record of the tax card form and must open it at the Tax Administration), birth certificate of a child under 15 years of age.

Necessary data for concluding student contracts are usually: confirmation of the faculty for the current year as proof of student status or a copy of the index of enrolled current year, copy of ID card, certificate of enrolment for the Student Center (not all student centres), one photo or student card, PIN.

In addition to this information, HELIOS FAROS may keep in the employee's file other data collected during the employment process, as well as other data collected during the employment, determined by the regulations of HELIOS FAROS (for example: awards, warnings, certificates, etc.).

All employees' data are kept in the database of employees on the date of employment and are kept up to date until the termination of employment and they are kept as documentation of permanent value in accordance with relevant regulations.

In its database, HELIOS FAROS also stores data of other persons in a business relationship comparable to an employment relationship or persons in practice and professional development, starting from work and promptly leading them to termination of employment and kept in accordance with relevant regulations. A special case is the data of students in practice who may be minors, about whom special attention is paid and whose data are collected and stored in accordance with special regulations with the approval of the school and parents.

Salary data, payroll - subject to special storage regulations. Anyway, all employees and other persons in a business relationship comparable to an employment relationship or a person in practice and professional development have all the rights of the respondents.

In relation to the above information, VALAMAR RIVIERA d.d. provides access to personal data from management services.

BUSINESS PARTNERS

In its business operations, HELIOS FAROS also processes data from business partners or potential business partners, which are:

  • natural persons who are, may become or have been business partners of HELIOS FAROS, e.g., craftsmen, persons in the regime of independent professions (e.g., lawyers, doctors, etc.), persons with whom employment contracts are concluded (e.g., singers, painters , photographers, etc.) and other natural persons who have the status of entrepreneurs
  • natural persons who in some part of the business represent legal entities with which HELIOS FAROS has, may have or has had a business relationship (e.g., persons delivering for their employer company, persons to whom invoices are sent for their employer legal entity, signatories of contracts for companies representing persons who hand over the company, persons who organize congresses for their legal entity, etc.).

As part of the processing of respondents' data, HELIOS FAROS identified the following purposes of processing:

  • Conclusion of the contract: processing for the purpose of concluding contracts from any area of activity of HELIOS FAROS (for example: sending inquiries, sending special offers, requesting data on signatories of contracts, sending tenders for legal entities represented by respondents, etc.)
  • Fulfilment of the contract: data processing is necessary for the purpose of fulfilling the contract, which includes fulfilling obligations, monitoring their execution and ensuring all relevant measures for their execution (for example: to agree on the time and place of delivery of equipment under the contract, to send invoices, etc.).
  • Informing: data gathering and processing for the purpose of quality and timely information; HELIOS FAROS has the right, on the basis of a legitimate interest, to collect certain data and use it for direct marketing purposes as described in the Newsletters section.

In addition to the stated purposes, it is possible to process personal data for other specific purposes, but always within the framework prescribed by law or if the processing is necessary for the exercise of rights and obligations arising from the business relationship.

Type of personal data of the respondents that are collected are:

  • name and surname
  • email address
  • telephone number
  • data on the function within the legal entity he represents (e.g., sales officer, secretary of the administration, etc.)
  • occupation when the respondent is a natural person with whom he enters into a contractual relationship (for example: singer, painter, photographer, lawyer, doctor ...)
  • sometimes references and short CVs (especially for consultants)
  • data listed on the forms of blank promissory notes, debentures, bills of exchange
  • bank account number (IBAN) when the business partner is a natural person with whom a contract is entered into
  • other information depending on the nature of the business relationship.

Places of collecting personal data of respondents:

  • respondents' offers for business cooperation received
  • data received from respondents in the context of selling HELIOS FAROS products / services or buying products / services from a business partner (e.g., fairs, congresses, etc.)
  • business correspondence related to certain previous or current business cooperation (for example, correspondence performed as part of the execution of a contract)
  • publicly published data (for example: court register, websites of business partners, magazines, newsletters, etc.).

In addition to the above types of data and places of collection, it is possible to process personal data for other specific purposes, but always within the framework prescribed by law or if the processing is necessary to exercise the rights and obligations of the business relationship.

Storage time

Data of respondents who are natural persons in a business relationship with HELIOS FAROSOM are kept in accordance with the applicable legal regulations (for example, HELIOS FAROS is obliged to keep all invoices, as well as the basis for issuing invoices in accordance with legal regulations).

In situations when HELIOS FAROS is authorized to set deadlines for data retention, they are determined taking into account the purpose of processing and the interests of respondents to destroy data, and this is set at a maximum of five years from the termination of the contractual relationship (if any).

In relation to the above information, VALAMAR RIVIERA d.d. provides access to personal data from management services.

PUBLIC ANNOUNCEMENTS

HELIOS FAROS publishes information of interest to existing, but also potential employees, guests, business partners, i.e., the public, through its website, social media profiles, video walls and bulletin boards in the facilities. Such disclosures may contain a limited set of personal information, such as first and last names, functions, professional information, videos, statements and photographs.

The legal basis for processing is the legitimate interest of informing the public, but also marketing, during which processing always takes into account the interest of respondents, so personal data are not published if it is determined that the interest of respondents not to publish certain personal data is stronger than HELIOS FAROS publication of the same. In some situations, disclosure of information may be based on consent to the highest standards.

The announcements have a permanent character, which provides information on current events, as well as insight in previous activities.

Processing will stop on the basis of the respondent's objection; it is determined that such objection is justified or if the respondent has withdrawn the consent in situations where the consent is applicable and in a manner that can be enforced.

WEB-SITE, COOKIES AND INTERNET TECHNOLOGIES

Web site of HELIOS FAROS apply cookies, and the cookie policy is available at the link: www.heliosfaros.hr/cookie-policy/.

VALAMAR RIVIERA d.d., which acts as a management company in the name and on behalf of HELIOS FAROS (see introduction), has several websites (for example: www.valamar.com, https://www.valamar.com/en/hotels-hvar/hvar-places-hotel, www.camping-adriatic.com, www.valamar-experience.com, www.dobarposaouvalamaru.com, www.valfresco.com…) and it is possible that they will create them and more, all in order to provide the best possible service and provide users with easier and faster access to content that interests them.

The privacy policies of VALAMAR RIVIERA d.d. are available via the link: https://www.valamar.com/hr/izjava-o-privatnosti

VIDEO SURVEILLANCE

HELIOS FAROS as the data controller has a legitimate interest in implementing video surveillance measures to protect property and persons, and in some cases has a legal obligation to install surveillance cameras that record all persons moving around the perimeter of the surveillance camera (guests, employees, business partners, etc.).

The processing of personal data of employees through the video surveillance system is also carried out under the conditions determined by the regulations governing safety at work.

HELIOS FAROS in the prescribed manner indicates all places where video surveillance is installed.

HELIOS FAROS is aware that the videos contain personal data of all persons moving around the perimeter of the camera and therefore keeps them with special care, has a security system, availability and deletion policy, which is governed by internal security rules HELIOS FAROS.

Videos are automatically deleted after a maximum of 15 days from the date of recording. In case of the need for exemption (dubbing), videos are kept for a maximum of six months, unless another law prescribes a longer retention period or if the evidence is in court, administrative, arbitration or other equivalent proceedings. Excluded videos will be stored in an extremely restricted central alert system.

HELIOS FAROS may use the videos in court and / or criminal proceedings. Insight into personal data on videos may also have third parties, executors, contractors HELIOS FAROS registered and professional for the provision of services for the protection of persons and property, and who in no way use the data independently but take care of the security of central surveillance and reporting system. Special regulations governing this area apply to all other details related to video surveillance.

FINAL PROVISIONS

This Privacy Policy is available athttps://www.valamar.com/en/hotels-hvar/hvar-places-hotel and www.heliosfaros.hr and also in human resources offices and at the receptions of HELIOS FAROS facilities.

HELIOS FAROS reserves the right to change and / or amend these Privacy Policies at any time, and will update the updated Privacy Policy on the above media.

Imperial Riviera d.d. privacy policy

GENERAL SECTION

PROCESSING MANAGER AND LEGAL FRAMEWORK

As the processing manager, IMPERIAL RIVIERA, is committed to protecting your personal data. The collection and storage of data is carried out in accordance with the provisions of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter: Regulation), of the Law on the application of the General regulation of data protection (NN 42/2018) and other regulations governing the subject area, which are applied in the Republic of Croatia.

SCOPE OF APPLICATION

This Policy applies to any processing of personal data performed by IMPERIAL RIVIERA as the processing manager, unless another policy or other IMPERIAL RIVIERA document prescribes otherwise for a particular processing.

This Policy is divided into two parts: the General Section and the Specific section. The basic principles of personal data processing, contact details of personal data protection officials and other provisions specified in the General Section of this Policy are applied without exception to any personal data processing regardless of whether such processing is specifically processed in the Specific Section of this Policy or not. The Specific Section of the Policy deals, in more detail, with specific cases of data processing which represent the majority of all processing by IMPERIAL RIVIERA.

DATA PROTECTION OFFICIAL

IMPERIAL RIVIERA has appointed a personal data protection official who you can contact at any time via e-mail: gdpr@imperial.hr or by mail to the address Imperial Riviera d.d., Jurja Barakovića 2, 51280 Rab, Republic of Croatia - for DPO, issues related to personal data protection and for exercising their rights guaranteed by the General Data Protection Regulation.

All requests not related to personal data protection, which are delivered to the address of the data protection official, e.g. offers of job candidates, booking inquiries in IMPERIAL RIVIERA properties, etc. will be provided directly to the relevant departments within IMPERIAL RIVIERA, without special response to the sender by the data protection official.

PERSONAL DATA PROTECTION PRINCIPLES

IMPERIAL RIVIERA has recognized the principles of data processing as basic values that must be respected throughout the cycle of personal data processing, from their collection to their destruction or other cessation of processing. IMPERIAL RIVIERA processes data:

  • Lawfully - by processing data only if allowed by law and within the limits prescribed by law.
  • Fairly - by taking into account the specifics of each relationship, applying all appropriate measures to protect personal information and privacy in general and not impeding data subjects in exercising their rights.
  • Transparently - by informing data subjects about the processing of personal data. From the start of the data collection process, when data subjects are informed about all aspects of data processing, until its termination, data subjects are provided easy and fast access to their own data, which includes the possibility of accessing and obtaining a copy in accordance with the provisions of the Regulation. Certain information may be restricted only when required by law or when necessary for the protection of third parties.
  • Purpose limitation - by processing personal data for the purposes they were collected for and for other purposes only if the conditions of the Regulation are met. Data may be processed for matching purposes only taking into account (a) any link between the purposes of the collection of personal data and the purposes of the intended continuation of the processing; (b) the context in which the personal data was collected, in particular concerning the relationship between the data subjects and IMPERIAL RIVIERA; (c) the nature of the personal data, in particular whether special categories of personal data are processed in accordance with Article 9. Regulations or personal data relating to criminal convictions and criminal offenses in accordance with Article 10. Regulations; (d) the possible consequences of the intended continuation of processing for the data subjects; and (e) the existence of appropriate protection measures.
  • Storage limitation - by storing data in a form which permits identification of data subjects for no longer than is necessary for the initial purposes, and longer only if permitted by the Regulation.
  • Data minimization - by processing data if it is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. Particular attention is given to not collecting data for which there is no justifiable reason for processing.
  • Accuracy - by keeping data accurate and up-to-date, and erasing inaccurate data in the scope of possibility.
  • Integrity and Confidentiality - by using appropriate technical and organisational measures to ensure appropriate personal data protection, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage. Relevant measures are applied taking into account the risk of each type of data processing.

LEGALITY OF PERSONAL DATA PROCESSING

In order to respect the lawfulness of processing personal data, IMPERIAL RIVIERA processes personal data only if and to the extent that at least one of the following is met:

  • Processing is necessary for the performance of the contract to which the data subject is a party or in order to take action at the request of the data subject prior to the conclusion of the contract; this is the most common purpose of data processing with an existing contractual relationship or a contractual relationship in negotiations as its basis.
  • Processing is necessary to comply with the legal obligations of the processing manager. As a legal entity, IMPERIAL RIVIERA has a number of obligations prescribed by various regulations. This obligation includes the collection and often the submission of data to public authorities. For example, the processing of personal data of shareholders who apply for the General Assembly, the processing of personal data of participants at meetings held at the premises of IMPERIAL RIVIERA in accordance with anti-pandemic measures and the like.
  • Processing is necessary for the legitimate interests of the processing manager or a third party, except where those interests are stronger than the interests or fundamental rights and freedoms of data subjects requiring the protection of personal data, taking into account reasonable expectations of data subjects based on their relationship with the processing manager, especially if the data subject is a child. In applying this legal basis, IMPERIAL RIVIERA assesses that the processing is appropriate to business needs, that it is the least invasive as possible and that the interests of the data subjects do not exceed the legitimate interests of IMPERIAL RIVIERA or a third party. Examples of such processing are processing for administrative purposes, the purposes of maintaining computer network security, direct marketing, and improving our business.The data subject always has the right to object to such processing in these situations.
  • Processing is necessary to protect key interests of the data subject or other natural person. The right to personal data protection is not an absolute right and IMPERIAL RIVIERA equates it with other fundamental rights in accordance with the principle of proportionality. IMPERIAL RIVIERA acknowledges the possibility that in some situations it is necessary to process personal data in order to protect the key interests of the data subjects or other natural persons.
  • The data subject has consented to the processing of his or her personal data for one or more specific purposes. When processing personal data on the basis of consent, IMPERIAL RIVIERA provides that these are situations in which there are no, formal or informal, consequences for giving, refusing or denying consent. When processing is based on consent, the data subject may withdraw consent at any time without negative consequences. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

In certain exceptional situations, IMPERIAL RIVIERA may process data that would not be processed in regular situations, for example data collection based on the recommendations of the Croatian Institute of Public Health in case of epidemics, etc.

TYPES OF PERSONAL DATA PROCESSED

Special categories of personal data: specific categories of personal data shall be processed only if the conditions set out in Article 9 of the Regulation are met. For example, IMPERIAL RIVIERA processes employee data that fall into specific categories of personal data, such as union membership data (for example, when exercising special rights under relevant regulations), religious or philosophical beliefs (for example, when exercising the right to additional non-working days for religious holidays, if the individual has voluntarily disclosed such data for the stated purpose), or health related data (for example according to special regulations on occupational safety or keeping records of workers or when special health certificates are required for certain jobs), etc.

Data on criminal convictions and criminal offenses: when there is a legal authority to do so, IMPERIAL RIVIERA also processes personal data relating to criminal convictions and offenses, such as certificates of impunity for workers.

Personal data that do not belong to the previous two groups: such personal data make up the largest part of the processed data, and these are most often identification and contact data such as name and surname, OIB, data generated by movement in rooms under video surveillance.

Most of the personal data that IMPERIAL RIVIERA collects is provided by the data subjects themselves and we ask that you do not provide sensitive information (such as race or ethnic origin, political opinions, religious or philosophical beliefs, etc.) when this is not necessary. If you nevertheless provide sensitive information for any reason, you hereby give your express consent to the collection and use of such information in the ways described in these Policy or in the manner described at the time of disclosure of that information.

THE ROLE OF VALAMAR RIVIERA d.d.

IMPERIAL RIVIERA concluded with the company Valamar Riviera d.d. with its registered office in Poreč, Stancija Kaligari 1 OIB: 36201212847 (hereinafter: Valamar) Contract in relation to the management of hotel and tourist facilities and contents (hereinafter: Management contract) based to which Valamar manages certain business segments of IMPERIAL RIVIERA. In this sense, IMPERIAL RIVIERA and Valamar may act as separate managers or as joint managers of personal data processing, or Valamar may act as the executor of personal data processing of respondents.

Due to such enterpreneur agreement, when managing hotel and and tourist facilities and contents, Valamar sometimes directly manages certain activities, including the management of some of the activities described in the Special Part of this Privacy Policy, and in addition Valamar sometimes receives data from IMPERIAL RIVIERA and has a rights to view the data in certain activities where it subsequently comes to personal data processing. For example, Valamar manages the reservation function through the Valamar reservation center (call center) and via the websites www.valamar.com and www.camping-adriatic.com, and in these cases Valamar is an independent processing manager, however, all this information related to IMPERIAL RIVIERA facilities are also processed by IMPERIAL RIVIERA as an independent processing manager. Furthermore, Valamar has a legitimate interest in processing of personal data carried out for the purposes of direct marketing, primarily for the purpose of sending marketing messages (newsletters) by e-mail, SMS and / or instant messaging platform (Viber, Whatsapp, etc.). Based on a legitimate interest, Valamar may send different newsletters depending on the relationship that respondents have with Valamar or the facilities under Valamar's management. For this purpose, personal data is collected from guests and persons who have asked for an offer or booked accommodation, persons who have participated in the prize game, joined the loyalty program, filled out a satisfaction questionnaire, persons who have filled in the application at free Wi-Fi, a person who made a purchase in a web store or otherwise had a relationship with Valamar. Following the above, in certain cases IMPERIAL RIVIERE guests can receive from Valamar newsletters containing information about other hotels and facilities managed by Valamar, as well as accommodation quality questionnaires and other service e-mails. For IMPERIAL RIVIERA´s guests, prize games can be organized from time to time, which can be organized by Valamar, in which case your personal data will be collected only if you decide to participate in the prize game. Valamar's Plus Club Loyalty Program is applied in the IMPERIAL RIVIERA. The conditions of membership are contained in Valamar's Rules of Loyalty Program, which can be found at www.valamar.com/hr/program-vjernosti/valamar-plus-club/pravilnik-programa. Also, based on the Management Agreement, Valamar has certain rights and obligations related to human resources, so in these cases Valamar has the right to process personal data of employees and candidates applying for employment in IMPERIAL RIVIERA, for example when sending applications through the website www.dobarposaouvalamaru.com.

When Valamar acts as the processing manager, the Valamar Privacy Policy applies, which can be found at: https://www.valamar.com/hr/izjava-o-privatnosti.

DATA DELIVERY TO THIRD ENTITIES

IMPERIAL RIVIERA shares personal information with others only when permitted.

IMPERIAL RIVIERA is obliged by law to provide data to third parties. For example, delivering guest data via the eVisitor system, delivering employee data to the competent institutions to the Croatian Pension Insurance Institute, to the Croatian Health Insurance Institute, the Tax Administration and the Central Register of Insured Persons and pension companies. Furthermore, in certain cases, IMPERIAL RIVIERA is obliged to submit or make available employment data to the Croatian Employment Service, for example to include workers in active employment policy measures, the competent police stations or the ministry responsible for internal affairs, for example in the case of senior government officials staying in IMPERIAL RIVIERA's properties, as well as for the issuance of work and residence permits, the ministry responsible for tourism in the case of employing scholarship holders, the ministry responsible for the economy and entrepreneurship when it comes to the use of investment subventions, insurance companies, banks and other cases required by law.

Also, certain employee data is sent to banks or pension funds as part of salary payments, and data can also be sent to creditors in accordance with enforcement regulations. Sometimes data is sent according to contractual obligations, for example with students in practice, data is exchanged with schools, colleges.

Certain personal data is also provided to business entities for the purpose of providing specific services such as the workers' health examinations (contracted ocupational medicine), further, to institutions that organize legally mandatory training (occupational safety, hygiene, toxicology) or audit companies when conducting mandatory audits, public notaries when certifying, the Financial Agency for the purpose of obtaining business certificates, public procurement payers when IMPERIAL RIVIERA applies for public procurement tenders, further for the purposes of awarding and using official cards, official mobile devices or for the purchase of fuel.

It is possible to deliver data to business entities, processors, who process the data on behalf of IMPERIAL RIVIERA, which acts as the processing manager. Most often, these are IMPERIAL RIVIERA's business associates who provide IT services, who store them in their databases or have the possibility of accessing personal data until the end of processing. A detailed contract is concluded with such subjects regarding their powers and obligations in the processing of personal data, in accordance with the requirements of the Regulation.

In certain situations, it is possible for external entities and IMPERIAL RIVIERA to jointly determine the purposes and methods of personal data processing, in which case these external partners and IMPERIAL RIVIERA are joint processing managers. In these relations, the joint processing managers shall transparently determine their responsibilities for complying with the obligations under the Regulation, in particular with regard to the exercise of data subjects' rights and their duties to respect the transparency of processing, unless responsibilities are established by law.

A special case of data delivery to third parties is the fact that IMPERIAL RIVIERA has an entrepreneurial contract with Valamar and the data is submitted to Valamar, i.e. Valamar has access to personal data of IMPERIAL RIVIERA respondents in accordance with Management and other agreements (see chapter: ROLE OF VALAMAR RIVIERA d.d.).

If data are transferred to third countries as part of data processing, IMPERIAL RIVIERA ensures compliance with high protection standards in order to comply with the highest possible standard of personal data protection, in accordance with the strict requirements of the Regulation. Hence, when international transfers of personal data are in use, IMPERIAL RIVIERA will inform the data subjects about the intention to disclose personal data to a third country or international organization and about the existence or non-existence of a European Commission's decision on adequacy. Any transfer of personal data to third countries will be carried out in accordance with Chapter V of the Regulation.

DATA STORAGE RETENTION

Data subjects' data are processed and stored, in accordance with applicable legal regulations when the retention obligation is prescribed (for example, payrolls, analytical records of salaries for which mandatory contributions are paid are kept permanently, and accounting documents on the basis of which data is entered in the journal, general ledger and auxiliary books are kept for at least eleven years), and in situations where IMPERIAL RIVIERA is authorized to set retention periods, data is stored as long as necessary for the purposes for which personal data is processed taking into account the purpose of processing, the legitimate interests of IMPERIAL RIVIERA and the interests of the data subjects to delete the data.

RIGHTS OF THE DATA SUBJECTS

Regardless of the basis for data collection, all users of our website can exercise the following rights free of charge within the limits prescribed by the Regulation:

Right to information: The data subject has the right to be informed about the processing and its purposes. IMPERIAL RIVIERA provides the data subjects with all the information necessary to ensure fair and transparent processing, taking into account the context of processing.

Right to deletion („right to forget“): The data subject has the right to request IMPERIAL RIVIERA to delete personal data relating to him/her, without undue delay in accordance with the terms of the Regulation. To do so, send your request to us (the processing manager) in writing, including an electronic form of communication. Please note that the request needs to specify what you wish to be deleted, since we can store your data on different legal bases, for example, the respondent can be both our guest and a candidate for employment. You have the right to request the deletion of personal data relating to you if one of the following conditions is met:

  • Your personal information is no longer necessary for the purpose for which we collected or processed it;
  • you have withdrawn the consent on which the processing is based and if there is no other legal basis for processing;
  • you have objected to the processing of your personal data and if there are no stronger legitimate reasons for our processing;
  • personal data has been processed illegally;
  • personal data must be deleted in order to comply with a legal obligation.

In some cases, it will not be possible to fully comply with the deletion request, for example when there is a legal obligation for retention, when the legitimate interest of the processing manager are stronger than the interest of the data subjects, when there is an interest of the processing manager to set, enforce or defend legal claims.

The right to access data: At the request of the data subject, IMPERIAL RIVIERA will provide him with confirmation whether his personal data is processed and if such personal data is processed, he will be granted access to personal data and the purpose of processing, data categories, potential recipients of the data to whom those data shall be disclosed, and other data in accordance with Regulation. The data subject is also entitled to receive a copy of the personal data being processed. Access to personal data may be restricted only in cases prescribed by law, i.e. when such restriction respects the fundamental rights and freedoms of others.

Right to rectification: The data subject has the right to obtain, without undue delay, the correction of incorrect personal data relating to him from IMPERIAL RIVIERA. Taking into account the purposes of processing, the data subject has the right to supplement incomplete personal data. To do so, send your request to us (the processing manager) in writing, including an electronic form of communication. We note that it is necessary to specify what is incomplete or not up-to-date in the request, and in what sense the above should be corrected and submit the necessary documentation in support of the allegations.

Right to data portability: The data subject has the right to receive personal data relating to him in a structured, commonly used and machine-readable format in accordance with the requirements of the Regulation.

Right to object: When IMPERIAL RIVIERA processes data on the basis of its legitimate interests which are stronger than the interests of the data subjects, then the data subject has the right to object to the processing of personal data related to him at any time.

Right to restricted processing: The data subject has the opportunity to ask IMPERIAL RIVIERA to exercise the right to restrict processing in case he disputes the accuracy of personal data, considers the processing to be illegal and opposes the deletion of personal data and instead requests restriction of their use, and has submitted a complaint and awaits confirmation as to whether the legitimate reasons of the processing manager go beyond the reasons of the data subject.

In any case, data subjects also have the right to:

  • submit a complaint to the Personal Data Protection Official,
  • file a complaint to the supervisory body (Personal Data Protection Agency) if they believe that their rights to data protection have been violated.

Send your written request to the contact address of the Personal Data Protection Official:gdpr@imperial.hr or by mail to the address Imperial Riviera d.d., Jurja Barakovića 2, 51280 Rab, Republic of Croatia - for DPO.

IMPERIAL RIVIERA as the Processing Manager has the right to protect the interests of the Processing Manager as well as the protection of the data subjects and accordingly has the right to carry out the activities of establishing the identity of the applicant.

IMPERIAL RIVIERA has the right to publish a form that will be used to submit a request in order to process the request as efficiently as possible.

On request, IMPERIAL RIVIERA provides information on the actions taken in relation to the exercise of data subject's rights without undue delay and in any case within one month from the date of receipt of the request. This period may be extended by an additional two months, taking into account the complexity and number of applications. IMPERIAL RIVIERA shall notify the data subject of any such extension within one month from the date of receipt of the request, together with the reasons for the postponement.

If the data subject submits the request electronically, IMPERIAL RIVIERA provides the information electronically if possible, unless the data subject requests otherwise.

The data subject's request is generally free of charge, but if the data subject's request is manifestly unfounded or excessive, and in particular because of their frequent repetition, IMPERIAL RIVIERA is entitled to charge a reasonable fee based on administrative costs or refuse to act on the request.

PROTECTION OF PERSONAL DATA OF CHILDREN

IMPERIAL RIVIERA advises parents and guardians to teach children (up to 18 years of age) about safe and responsible handling of personal data, especially on the Internet. IMPERIAL RIVIERA processes personal data of children only with the prior consent of parents/guardians (for example: scholarship holders, when children are guests at our properties, visitors to Maro playrooms, etc.).

PERSONAL DATA SOURCES

IMPERIAL RIVIERA receives personal data most often from data subjects. When providing personal data to IMPERIAL RIVIERA, in any way (booking accommodation, job application…) you guarantee that the information you have provided is correct, that you are legally capable and authorized to dispose of the given information and that you fully agree that IMPERIAL RIVIERA collects and uses your data in accordance with the positive regulations and terms of this Privacy Policy.

Also, IMPERIAL RIVIERA receives personal data from other natural and legal persons, for example: from Valamar as a company that manages certain business aspects of business, from travel agencies that forward guest data for accommodation, guests who book accommodation for people with whom they will stay in facilities, agency for employment mediation and assignment of workers, from the holder of accommodation reservations for others guests for whom the reservation is made. When providing personal data of other persons to IMPERIAL RIVIERA, you guarantee that the information you provide is accurate, that you are legally capable and authorized to dispose of the information, that respondents whose personal data you forward IMPERIAL RIVIERI agree that IMPERIAL RIVIERA uses and collects their data in accordance with positive regulations and the terms of this Privacy Policy.

TECHNICAL AND INTEGRATED DATA PROTECTION

IMPERIAL RIVIERA, as the processing manager, provides the highest organizational and technical standards of data protection. Therefore, considering the latest developments, the cost of implementation and the nature, scope, context and purposes of processing, as well as risks of different levels of probability and seriousness for the rights and freedoms of individuals arising from data processing, at the time of processing, appropriate technical and organizational measures to enable the effective application of the principles of data protection are applied.

Also, IMPERIAL RIVIERA implements appropriate technical and organizational measures to ensure that only personal data necessary for each specific purpose of processing are processed in an integrated manner. IMPERIAL RIVIERA applies this measure to the amount of personal data collected, the scope of their processing, the retention period and their availability. Specifically, such measures ensure that personal data is not automatically, without the intervention of an individual, available to an unlimited number of individuals.

TREATMENT OF PERSONAL DATA INFRINGEMENTS

As the data processing manager, IMPERIAL RIVIERA shall without undue delay and, where feasible, no later than 72 hours after discovering, notify the competent supervisory authority about the breach, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

The report submitted to the supervisory authority shall contain all information prescribed by the Regulation.

In the event of a personal data breach that is likely to pose a high risk to the rights and freedoms of individuals, IMPERIAL RIVIERA, as the processing manager, shall inform the data subjects of the personal data breach without undue delay. Sometimes, in cases where the Regulation prescribes, informing data subjects is not mandatory.

SPECIFIC SECTION


STAY IN PROPERTIES (hotels, apartments, campings)

IMPERIAL RIVIERA'S main business activity is the provision of accommodation services in its hotels, apartments and campings. Therefore, IMPERIAL RIVERA collects and processes your personal data for various purposes with the ultimate goal of providing quality accommodation and related services all according to the highest standards of tourism companies.

IMPERIAL RIVIERA, as the processing manager, stores your personal data that you must provide for accommodation services in its database for the purpose of fulfilling accommodation contracts and fulfilling legal obligations related to the hospitality business. In case you do not provide IMPERIAL RIVIERA with the minimum data required for booking accommodation and for the registration to all competent registers, IMPERIAL RIVIERA will not be able to provide you with booking services or accommodation services in accordance with the contract and law.

Certain information is necessary in order to take action at the request of the data subject before concluding the accommodation contract. For example, before booking accommodation at the request of potential guests, we send accommodation offers, for which composition IMPERIAL RIVIERA needs personal data, at least name, surname and e-mail address in order to be able to send an offer.

The personal data that IMPERIAL RIVIERA collects when booking accommodation (reservations via the web or reservations by phone by via the call center or reservations by accepting the offer via e-mail) in order to fulfill the reservation obligation are:

  • name and surname of the reservation holder
  • residence address (Croatian citizens)
  • date of birth
  • number, type of identification document and place of issue
  • citizenship
  • property name
  • number of accommodation units, type of accommodation unit (room type)
  • date of arrival and departure
  • number of persons per accommodation unit
  • minors
  • possibly other specifics depending on the request of the person booking the accommodation
  • e-mail if the person has one
  • language
  • phone number
  • membership in the Loyalty program, if it affects the price of accommodation or collecting points
  • payment method and possible additional information needed to execute the transaction or secure payment

In case of cancellation, we must save your data for the purpose of proving the reservation or cancellation.

Upon arrival at the property, guests usually check in at the reception via a registration card that the guest fills out or reviews and confirms the accuracy of the data or checks in using the self-check-in applications. In any case, the data is entered into the guest database from which the data is automatically sent to the eVisitor system (a unique online information system for registration and deregistration of guests) in order to comply with the legal obligations of IMPERIAL RIVIERA. The data collected are (data is subject to change due to changes in positive regulations):

  • name and surname
  • place, country and date of birth
  • citizenship
  • number and type of identification document
  • residence and address
  • date and time of arrival or departure from the property
  • sex
  • basis for exemption from tourist tax payment or for reduction of tourist tax payment

This data are processed by tourist boards and public authorities of the Republic of Croatia for the following legal purposes:

  • monitoring the fulfillment of obligation to register and deregister tourists (accommodation service provider);
  • records, calculation and collection of tourist tax;
  • keeping a book or a list of guests by the service provider and monitoring the execution of the said obligation by the inspection bodies;
  • reporting foreigners to the ministry in charge of internal affairs and monitoring the execution of the stated obligation by inspection bodies;
  • keeping a list of tourists by tourist boards and statistical processing and reporting;
  • supervising the operations of the service provider in the part related to the legality of business conduct, i.e. the provision of registered services, and compliance with tax and other regulations concerning public liabilities.

Since it is prescribed that the data for guest registration is entered on the basis of data from the identity card, or travel or other identity document, the guest is obliged to provide IMPERIAL RIVIERA with such a document and provide all other information necessary for data entry, but are not contained in such a document. Also, in order to exercise certain rights and benefits, it is necessary to enclose (copies) of appropriate documents or certificates by which such rights and benefits are proven and exercised.

In addition, IMPERIAL RIVIERA is obliged to keep all invoices, as well as the basis for issuing invoices issued to guests with personal data of the guest in accordance with legal regulations.

Other data related to the circumstances of your stay such as: mode of travel, who you are traveling with, marital status, number of children, pets, other interests, will also be collected and processed during your stay when they have a direct connection with the accommodation service.

Before, during and after the stay IMPERIAL RIVIERA as the processing manager has the right based on the legitimate interest to send you so-called service messages - booking confirmations, reminders and other information closely related to the specific stay you have booked.

Also, during and after the stay, IMPERIAL RIVIERA as the processing manager has the right based on the legitimate interest to send to you as guest questionnaires about service satisfaction via e-mail, sms and/or instant messaging platforms (viber, whatsapp, etc.) which will be processed by us or through associates. The primary purpose of the service satisfaction questionnaire is to collect service data for the legitimate interest of service improvement by IMPERIAL RIVIERA, and IMPERIAL RIVIERA may depersonalize and process this data from the questionnaire for statistical purposes.

IMPERIAL RIVIERA has the right, based on a legitimate interest, to collect certain data and use it for direct marketing.

Service messages and messages with service satisfaction questionnaires related to a specific stay of the guest are not considered newsletters for the purpose of sending IMPERIAL RIVIERA offers and news.

EXCHANGE OFFICE

IMPERIAL RIVIERA also provides exchange services at its exchange offices, usually at the receptions of properties. IMPERIAL RIVIERA is obliged in accordance with applicable regulations on the prevention of money laundering and terrorist financing, in some cases to establish and verify the identity of the person using the exchange services by inspecting the official identity document of the party in his presence and perform in-depth analysis. In the event that we are unable to carry out in-depth analysis measures when required to do so, IMPERIAL RIVIERA must not establish a business relationship or perform a transaction, or must terminate an already established business relationship and consider whether to notify the competent authority of a suspicious transaction, funds and persons.

Also, in accordance with the regulations, video surveillance of exchange offices is mandatory. The data is stored in accordance with the regulations based on the legal obligation of IMPERIAL RIVIERA.

EXCURSIONS, CONCERTS, TRANSFERS AND OTHER EXPERIENCES

IMPERIAL RIVIERA is also a travel agency and provides or mediates additional services to its guests and other persons, being preciselly: sales of various excursions, concerts, other experiences, transport services, car rental services and, if necessary, other services.

If you wish to use these services, IMPERIAL RIVIERA may collect the following information if necessary:

  • Name and Surname
  • contact information (phone and/or e-mail address)
  • other information closely related to the services provided (for example: flight number if you are requesting a transfer from the airport to IMPERIAL RIVIERA; gender, citizenship, date of birth, type and number of identification document due to legal provisions related to border crossing if you want a cross-border trip).

The stated data, but also other depending on the specific service you are looking for, will be collected solely for the purpose of providing the service you want to use.

In the case of services organized by other associates, this information will be forwarded to the associate in charge of providing a particular selected service and they become the processing managers of the personal data and we kindly ask you to get yourselves familiar with their privacy policies.

In the case of sending personalized offers, at the request of the customer, the specified data is stored for two months.

Data collected by IMPERIAL RIVIERA during the provision of other services to guests or third parties (excursions, concerts, experiences, transport) requesting the services in question by phone, at receptions or via the web, will be kept for a maximum of 5 years for possible complaints about services provided, and longer only if it is so required by special regulations (accounting, etc.). For certain services (for example: rental of deck chairs, etc.) the data will be kept until the services are performed.

CANDIDATES FOR EMPLOYMENT AND EMPLOYEES

IMPERIAL RIVIERA is the employer of a large number of individuals and this part of the Policy regulates the protection of personal data primarily in the processes related to employment, development and education within IMPERIAL RIVIERA. In this sense, the data subjects are primarily former and current employees, job seekers, interns (students), professional development, students who work on the basis of the so-called student contract, scholarship holders and other persons whose data is processed within the framework of employment and related relations.

As part of the data processing carried out in connection with employment, IMPERIAL RIVIERA identified the following purposes of processing:

  • Personnel selection: includes the collection and further processing of relevant competition documents, testing and evaluation, collection and analysis of information on candidates from publicly available sources including information publicly disclosed about the candidate if relevant to the risks of the job.
  • Reputation risk reduction: collection and analysis of information about employees and persons in a comparable relationship from publicly available sources including information that the respondent has publicly disclosed about himself if this is important because of the risk that a particular job entails.
  • Conclusion of the contract: processing for the purpose of concluding an employment contract, student contract, professional internship or professional training, scholarship contract with persons not employed in IMPERIAL RIVIERA or any other comparable relationship.
  • Exercise of material and other rights: processing is necessary in order to exercise the material and other rights of workers, persons in a comparable relationship or other persons (e.g. children, spouses or insurance beneficiaries), for example to exercise the right to enter active employment policy measures (permanent seasonal and others), for the realization of additional rights of workers under the collective agreement IMPERIAL RIVIERA (for example: the birth of a child) and others.
  • Fulfilment of the contract: data processing is necessary for the purpose of fulfillment of the contract by the respondents, which includes fulfillment of work obligations, monitoring of their execution and ensuring all relevant measures for their execution.
  • Registration of accommodation: data processing is necessary in case the data subjects stay in the facilities for personal accommodation of workers in order to register their stay with the competent authorities.
  • Performance Management: this purpose includes information on the achievement of previously set goals, timely fulfillment of goals, and further analysis to determine future goals, human resources management, determining the amount of rewards and other relevant measures.
  • Rewarding: processing includes rewarding or payment of a fixed and variable part of the remuneration, where such processing may include data on violations of ethical and other internal rules, data from the performance management system, on attended trainings, as well as all other relevant data.
  • Education: processing for the purpose of educating persons acting under the guidance of IMPERIAL RIVIERA including knowledge tests, which includes all necessary actions for candidacy and registration of respondents, analysis of acquired knowledge and all other relevant information for organizing, implementing and further action in education process.
  • Preparation of various reports on employees: some reports are made for the legal obligation of IMPERIAL RIVIERA, some for the realization of certain rights, fulfillment of IMPERIAL RIVIERA's obligations in case of contracting and realizing additional benefits for workers, budgeting, etc.
  • Information: data collection and processing for the purpose of quality and timely informing candidates about open positions and competitions, i.e. employment opportunities within IMPERIAL RIVIERA. Collection and processing of data for the purpose of quality and timely informing all IMPERIAL RIVIERA employees about new changes or special notices important for the exercise of employment rights or important information in the field of general knowledge of events and activities in IMPERIAL RIVIERA regarding the exercise of employment rights or any comparable relationship. For this purpose, information is sent by phone and/or to official e-mail addresses, or private if the employee has given consent to use the e-mail address for this purpose. Furthermore, IMPERIAL RIVIERA may offer employees the use of applications that employees voluntarily install on their mobile devices through which they can find out various news related to IMPERIAL RIVIERA or its partners.
  • Protection of property and persons: includes monitoring of entry/ exit from business premises, use of official mobile devices, computer equipment, internet and telephone traffic, cars, premises, and other property of IMPERIAL RIVIERA as well as access to guest property in accordance with internal acts.
  • Termination of employment: data processing due to termination of employment contract or other comparable contract, in order to fulfill legal and contractual obligations.
  • Ethical Behavior Monitoring: processing includes all proceedings that investigate compliance with ethical conduct or dignity regulations, or in any other disciplinary action, whether the respondent is a reported person or a notifier.
  • Work Safety: data processing may be required in cases where it is necessary to fulfill the purpose of special work safety regulations, including alcohol testing in accordance with regulations.

IMPERIAL RIVIERA has a legitimate interest in realizing various benefits for its employees, as well as facilitating some business processes. In this sense, IMPERIAL RIVIERA can, based on a special decision, decide on various tools that achieve these purposes (for example, issuing ID cards to employees who receive discounts, giving certain instructions via SMS, taking photos in certain cases, etc.) in which case employees will be timely informed.

In addition to the stated purposes, it is possible to process personal data for other specific purposes, but always within the framework prescribed by law or if the processing is necessary for the exercise of rights and obligations arising from employment, or in relation to employment and any comparable relationship.

IMPERIAL RIVIERA's database on former and current employees, candidates, interns (students), professional training, students working on the basis of the so-called student contract, scholarship holders and other persons whose data is processed in the framework of employment and related relations is kept in a special application. An appropriate contract has been concluded with the application maintenance and support holder as the enforcer of personal data processing.

Personnel Selection

IMPERIAL RIVIERA as a potential employer collects, processes and stores the data of candidates for employment in IMPERIAL RIVIERA in the candidate database based on their voluntary application in the following ways:

  • application of candidates via a web application form that serves as a kind of CV,
  • Sign in via Email,
  • by coming to organized auditions and filling out application forms,
  • or otherwise.

Data which is usually collected is: name, surname, date of birth, address, nationality, personal identification number (OIB for Croatian citizens, as is it the most reliable data to differentiate candidates), mobile phone number, e-mail (for contacting), sex, qualifications, language, preferred manner of communication.

IMPERIAL RIVIERA may obtain information on candidates indirectly, from domestic and foreign employment agencies, in which case these agencies are obliged to inform candidates about the processing of their personal data by IMPERIAL RIVIERA.

Candidates send their job applications to:

  • open applications in which case we process data for the purpose of contacting candidates regarding employment for 5 years;
  • as applications for specific vacancies that have a specified deadline, in which case we process the data during the vacancy and 5 months from the end of the vacancy to contact candidates for employment, and these applications are archived for 5 years.

In the event that candidates who apply for specific vacancies that have a specified deadline give special consent, we process the data to contact candidates for employment for 5 years, as well as open applications.

IMPERIAL RIVIERA has a legitimate interest in using the obtained e-mail addresses, as well as other submitted contact information for contacting candidates related to employment. For example, after applying, candidates can receive an automatic response that their application has been received and that candidates whose qualifications and experience are in line with those required for individual jobs will be contacted. Also, after applying, candidates can receive a message on the phone number with the proposed date of the interview, a message stating the documentation required for employment and the like. Additionally, persons who have worked for a fixed period of time, predominantly seasonal jobs, IMPERIAL RIVIERA has a legitimate interest in contacting them in order to inform them on important issues concerning business and key activities in IMPERIAL RIVIERA and in order to maintain contact in case of future cooperation. You can unsubscribe from the list of recipients news from IMPERIAL RIVIERA for free, any time.

The data is kept provided by the candidates themselves, but IMPERIAL RIVIERA creates personal data related to employment activities, such as the results of job interviews, tests and assessments, based on the legitimate interest of ensuring the best candidates, and collects personal data from third parties, primarily by data verification obtained during the recruitment process by contacting relevant third parties (for example: employment agencies, education and training providers) or by using publicly available sources.

Employment relation and other comparable relations

As an employer, IMPERIAL RIVIERA collects, processes and stores all employee data in the employee database kept in the IT program and in the physical files of employees. The data collected is listed in the Regulation on the content and manner of keeping records on workers published by the ministry responsible for labor and pension system.

The necessary information for employment is usually: a copy of the ID card, a copy of the current account or payment instructions from the bank, a copy of the protected account (if the employee has it), PIN, proof of education (copy of certificate or diploma), e-book: certificate of pensionable service, (to be obtained from HZMO or via the e-Citizens service), Electronic record of the tax card form, so-called PK form (obtained from the Tax Administration or through the e-Citizens service, persons who are employed for the first time, do not have an electronic record of the tax card form and must open it at the Tax Administration), birth certificate of a child under 15 years, certificate of residence (obtained from the Ministry of the Interior or through the e-Citizens service), wedding certificate (obtained from the registry office or through the e-Citizens service).

The necessary data for concluding student contracts are usually: a certificate from the faculty for the current year as proof of student status or a copy of the index of the enrolled current year, a copy of the ID card, a certificate of enrollment for the Student Center (not all student centers), one photo or X -ica card, PIN.

In addition to these data, IMPERIAL RIVIERA may keep in the employee's file other data collected in the employment process, as well as other data collected during employment determined by IMPERIAL RIVIERA regulations (for example: awards, reminders, certificates, etc.).

All employee data is stored in the employee database on the date of employment and are kept up to date until the termination of employment and are kept as documentation of permanent value in accordance with the relevant regulations.

IMPERIAL RIVIERA also keeps in its database the data of other persons in a business relationship comparable to the employment relationship or persons in practice and professional development with the beginning of work and promptly leads them to termination of work and are stored in accordance with relevant regulations. A special case is the data of students in practice who may be minors of whom is taken special care and whose data is collected and stored in accordance with special regulations with the approval of the school and parents.

Salary data, payroll - are subject to special storage regulations. In any case, all workers and other persons in a business relationship comparable to the employment relationship or a person in practice and on professional development have all the rights of a data subject.

BUSINESS PARTNERS

In its business operations, IMPERIAL RIVIERA also processes data from business partners or potential business partners, which are:

  • natural persons who are, can become or have been business partners of IMPERIAL RIVIERA, e.g. craftsmen, persons who are in the regime of independent professions (e.g. lawyers, doctors, etc.), persons with whom work contracts are concluded (e.g. singers, painters, photographers, etc.) and other natural persons who have the status of entrepreneurs and
  • natural persons who in some part of the business represent legal entities with which IMPERIAL RIVIERA has, may have or had a business relationship (e.g. persons who deliver for their employer company, persons to whom invoices are sent for their employer legal entity, signatories of contracts for companies representing persons who hand over for the company, persons who organize congresses for their legal entity, etc.)

As part of the data processing of data subjects, IMPERIAL RIVIERA identified the following purposes of processing:

  • Conclusion of the contract: processing for the purpose of concluding the contract from any area of IMPERIAL RIVIERA's activity (for example: sending inquiries, sending special offers, requesting data on the signatories of the contract, sending tenders for legal entities represented by data subjects, etc.);
  • Fulfilment of the contract: data processing is necessary for the purpose of fulfilling the contract, which includes fulfilling obligations, monitoring their execution and ensuring all relevant measures for their execution (for example: to agree on time and place of delivery of equipment under the contract, to send invoices, etc.);
  • Information: data collection and processing for the purpose of quality and timely information; IMPERIAL RIVIERA has the right, based on legitimate interest, to collect certain data and use it for the purpose of direct marketing.

In addition to the stated purposes, it is possible to process personal data for other specific purposes, but always within the framework prescribed by law or if the processing is necessary for the exercise of rights and obligations arising from the business relationship.

Type of personal data collected from data subjects are:

  • Name and Surname,
  • E-mail,
  • Phone Number,
  • data on the function within the legal entity he represents (eg sales clerk, secretary of the administration, etc.),
  • occupation when the data subject is a natural person with whom a contractual relationship is entered into (for example: singer, painter, photographer, lawyer, doctor ...),
  • sometimes references and short CVs (especially for consultants),
  • data stated on the forms of blank promissory notes, promissory notes, bills of exchange,
  • bank account number (IBAN) when the business partner is a natural person with whom a contractual relationship is entered into, and
  • other information depending on the nature of the business relationship.

Places of personal data collection of data subjects:

  • received offers of data subjects for business cooperation,
  • data received from data subjects in the context of selling IMPERIAL RIVIERA products / services or purchasing products / services from a business partner (for example: fairs, congresses, etc.),
  • business correspondence related to certain previous or current business cooperation (for example, correspondence performed as part of the execution of a contract),
  • publicly published data (for example: court register, business partner websites, magazines, newsletters, etc.).

In addition to the stated type and place of data collection, it is possible to process personal data for other specific purposes, but always within the framework prescribed by law or if the processing is necessary for the exercise of rights and obligations arising from the business relationship.

Retention period

Data kept from data subjects who are natural persons in a business relationship with IMPERIAL RIVIERA are kept in accordance with applicable legal regulations (for example, IMPERIAL RIVIERA is obliged to keep all invoices, as well as the basis for issuing invoices in accordance with legal regulations. ).

In situations when IMPERIAL RIVIERA is authorized to set deadlines for data retention, they are determined taking into account the purpose of processing and the interests of data subjects to destroy the data, and this is set at a maximum of 5 years from the termination of the contractual relationship (if any).

PUBLIC ANNOUNCEMENTS

IMPERIAL RIVIERA can through its website,video walls, billboards in buildings and in other ways publish information that is of interest to existing but also potential workers, guests, business partners, and therefore the public. Such disclosures may contain a limited set of personal information, such as first and last names, functions, professional information, videos, statements and photographs.

The legal basis for processing is the legitimate interest of informing the public, but also marketing, during which the interest of the data subjects is always taken into account, so personal data is not published if it is determined that the interest of data subjects not to publish certain personal data is stronger than the interest of IMPERIAL RIVIERA to publish them. In some situations, the disclosure of information may be based on consent in accordance with the highest standards.

Announcements have a permanent character, which ensures information about current events as well as insight into previous activities.

Processing shall cease if, on the basis of the data subjects' objection, it is established that such objection is justified or if the data subject has withdrawn the consent in situations where the consent is applicable in a manner that can be enforced.

VIDEO SURVEILLANCE

IMPERIAL RIVIERA, as the processing manager, has a legitimate interest in implementing video surveillance measures to protect property and persons, and in certain cases (such as: exchange offices which are located at reception desks of the propertie), and has the legal duty to install surveillance cameras that record all persons moving around the perimeter of the surveillance camera (guests, employees, business partners, etc.).

The processing of personal data of employees via video surveillance is also enforced through conditions provided by provisions which regulate work safety.

IMPERIAL RIVIERA marks all places where video surveillance is installed in the prescribed manner.

IMPERIAL RIVIERA is aware that the videos contain personal data of all persons moving around the perimeter of the camera, and therefore keeps them with special care, has a regulated system of security, availability and deletion policy in accordance with IMPERIAL RIVIERA's internal safety rules.

Videos are automatically deleted after a maximum of 15 days from the date of recording. In case of exceptions (recording over), videos are kept for maximum period of 6 months, or longer in case law prescribes it or in case the tape is evidence in a legal, administrative, arbitration or other equivalent procedures. Videos being excepted shall be stored in centraly-informing system with extremely limited approach.

In the event of court and/or criminal proceedings, IMPERIAL RIVIERA may use these videos. Insight into personal data on videos may also be obtained by third parties, data processors, contractual partners of IMPERIAL RIVIERA registered and professional for the provision of services for the protection of persons and property, who in no way use the data independently but take care of the security of central surveillance and reporting system. Special regulations governing the area apply to all other details related to video surveillance.

FINAL PROVISIONS

This Privacy Policy is available at http://imperial-riviera.hr/uploads/privatnost/en/IR-PRIVACY-POLICY.pdf as well at the human resources offices and receptions of IMPERIAL RIVIERA's properties.

IMPERIAL RIVIERA reserves the right to change and / or amend these Privacy Policies at any time, and will update the Privacy Policy on the above media.

Valamar Obertauern GMBH privacy policy

Valamar Obertauern GmbH with its headquarters at Gamsleitenstrasse 6, 5562 Obertauern, Austria, FN 195893d, UID AT U50245104, (hereinafter: OBERTAUERN or we or our or controller) as owner of Valamar Obertauern Hotel 4*, respects the privacy of every person from whom collects personal data. We would like to inform you about what personal data we collect as the data controller, for what purpose, how we protect the data and what your rights are.

DATA CONTROLLER AND LEGAL FRAMEWORK

As the data controller, OBERTAUERN is committed to protect your personal data. The collection and storage of data is carried out in accordance with the provisions of 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: Regulation), TKG (Telecommunications Law 2021) and other regulations governing the subject area, which are applied in the Republic of Austria.

SCOPE OF APPLICATION

This Policy applies to any processing of personal data performed by OBERTAUERN as the data controller, unless another policy or other OBERTAUERN document prescribes otherwise for a particular processing.

This Policy is divided into two parts: The General Section and the Specific section.

The basic principles of personal data processing, contact details and other provisions specified in the General Section of this Policy are applied without exception to any personal data processing regardless of whether such processing is specifically processed in the Specific Section of this Policy or not.

The Specific Section of the Policy deals, in more detail, with specific cases of data processing which represent the majority of all processing by OBERTAUERN.

CONTACT FOR DATA PROTECTION REQUESTS

Regarding issues related to personal data protection and for exercising their rights guaranteed by the Regulation please contact OBERTAUERN at any time via e-mail:dsgvo.obertauern@valamar.at or by mail to the address OBERTAUERN, 5562 Obertauern, Gamsleitenstrasse 6.

All requests not related to data protection, which are delivered to this address, e.g. offers of job candidates, booking inquiries in Hotel Valamar Obertauern 4*, etc. will be provided directly to the relevant departments.

PERSONAL DATA PROTECTION PRINCIPLES

OBERTAUERN has recognized the principles of data processing as basic values that must be respected throughout the cycle of personal data processing, from their collection to their destruction or other cessation of processing. OBERTAUERN processes data:

  • Lawfully - by processing data only if allowed by law and within the limits prescribed by law.
  • Fairly - by considering the specifics of each relationship, applying all appropriate measures to protect personal information and privacy in general and not impeding data subjects in exercising their rights.
  • Transparently - by informing data subjects about the processing of personal data. From the start of the data collection process, when data subjects are informed about all aspects of data processing, until its termination, data subjects are provided easy and fast access to their own data.
  • Purpose limitation - by processing personal data for the purposes they were collected for and for other purposes only if the conditions of the Regulation are met. Data may be processed for matching purposes only considering (a) any link between the purposes of the collection of personal data and the purposes of the intended continuation of the processing; (b) the context in which the personal data was collected, in particular concerning the relationship between the data subjects and OBERTAUERN; (c) the nature of the personal data; (d) the possible consequences of the intended continuation of processing for the data subjects; and (e) the existence of appropriate protection measures.
  • Storage limitation - by storing data in a form which permits identification of data subjects for no longer than is necessary for the initial purposes, and longer only if permitted by the Regulation.
  • Data minimization - by processing data if it is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. Particular attention is given to not collecting data for which there is no justifiable reason for processing.
  • Accuracy - by keeping data accurate and up-to-date, and erasing inaccurate data in the scope of possibility.
  • Integrity and Confidentiality - by using appropriate technical and organisational measures to ensure appropriate personal data protection, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage. Relevant measures are applied considering the risk of each type of data processing.

LEGALITY OF PERSONAL DATA PROCESSING

In order to respect the lawfulness of processing personal data, OBERTAUERN processes personal data only if and to the extent that at least one of the following is met:

  • Processing is necessary for the performance of the contract to which the data subject is a party or in order to act at the request of the data subject prior to the conclusion of the contract; this is the most common purpose of data processing with an existing contractual relationship or a contractual relationship in negotiations as its basis.
  • Processing is necessary to comply with the legal obligations of the data controller. As a legal entity, OBERTAUERN has a number of obligations prescribed by various regulations. This obligation includes the collection and often the submission of data to public authorities.
  • Processing is necessary for the legitimate interests of the data controller or a third party, except where those interests are stronger than the interests or fundamental rights and freedoms of data subjects requiring the protection of personal data, considering reasonable expectations of data subjects based on their relationship with the data controller, especially if the data subject is a child. In applying this legal basis, OBERTAUERN assesses that the processing is appropriate to business needs, that it is the least invasive as possible and that the interests of the data subjects do not exceed the legitimate interests of OBERTAUERN or a third party. Examples of such processing are processing for administrative purposes, the purposes of maintaining computer network security. The data subject always has the right to object to such processing in these situations.
  • Processing is necessary to protect key interests of the data subject or other natural person.The right to personal data protection is not an absolute right and OBERTAUERN equates it with other fundamental rights in accordance with the principle of proportionality.
  • The data subject has consented to the processing of his or her personal data for one or more specific purposes. When processing personal data on the basis of consent, OBERTAUERN provides that these are situations in which there are no, formal or informal, consequences for giving, refusing or denying consent. When processing is based on consent, the data subject may withdraw consent at any time without negative consequences. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

TYPES OF PERSONAL DATA PROCESSED

Specific categories of personal data: shall be processed only if the conditions set out in Article 9 of the Regulation are met.

Data relating to criminal convictions and offenses: shall be processed only under the control of official authority and in accordance with Article 10 of the Regulation.

Personal data that are not included in the previous two groups: that kind of data makes most of the processed data. The most common types of data are identification and contact data such as name, surname, e-mail address and data that are related with your relation with us (accommodation etc.).

Most of the personal data that we collect is provided by the data subjects themselves. Therefore, we kindly ask you that you do not provide sensitive information (such as race or ethnic origin, political opinions, religious or philosophical beliefs, etc.) when this is not necessary. If you nevertheless provide sensitive information for any reason, you hereby give your express consent to the collection and use of such information in the ways described in these Policy or in the manner described at the time of disclosure of that information.

THE ROLE OF VALAMAR RIVIERA d.d.

OBERTAUERN concluded with the company Valamar Riviera d.d. with its registered office in Poreč, Stancija Kaligari 1 OIB: 36201212847 (hereinafter: Valamar) Contract in relation to the management of hotel and tourist facilities and contents (hereinafter: Management contract) based on which Valamar manages certain business segments of OBERTAUERN.

Due to such Management contract, when managing Hotel Valamar Obertauern 4*, Valamar sometimes directly manages certain activities, including the management of some of the activities described in the Special Section of this Privacy Policy, in particular Valamar can process the personal data of the guests for providing the sales and marketing services. In addition, Valamar sometimes receives data from OBERTAUERN and has a right of access to relevant data base to perform certain activities where it subsequently comes to personal data processing.

For example, Valamar can manage the reservation function through the Valamar reservation center (call center) and via the websites www.valamar.com, and in these cases Valamar is an independent data controller (and data subjects will be informed on the spot about that fact) however, all this information related to Hotel Valamar Obertauern 4* are and have to be also processed by OBERTAUERN as an owner and independent data controller.

Furthermore, Valamar has a legitimate interest in processing of personal data carried out for the purposes of direct marketing, primarily for the purpose of sending marketing messages (newsletters) by e-mail, SMS and / or instant messaging platform (Viber, Whatsapp, etc.). Based on a legitimate interest, Valamar may send different newsletters depending on the relationship that respondents have with Valamar or the facilities under Valamar's management. For this purpose, personal data is collected from guests and persons who have asked for an offer or booked accommodation, persons who have participated in the prize game (if there will be any), joined the Valamar`s loyalty program, filled out a satisfaction questionnaire about accommodation in or otherwise had a relationship with Valamar.

Following the above, in certain cases Hotel Valamar Obertauern 4* guests can expect to receive from Valamar newsletters containing information about all other hotels and facilities managed by Valamar, as well as accommodation quality questionnaires and other service e-mails. For Hotel Valamar Obertauern 4* guests, prize games can be organized from time to time, which can be organized by Valamar, in which case guests personal data will be collected only if guests decide to participate in the prize game.

Valamar's Plus Club Loyalty Program can be applied for the OBERTAUERN. The conditions of membership are contained in Valamar's loyalty programme terms and conditions, which can be found at https://www.valamar.com/cmsmedia/loyalty/terms-conditions-en.pdf .

Also, based on the Management contract, Valamar has certain rights and obligations related to human resources, so in these cases Valamar has the right to process personal data of employees and candidates for employment in OBERTAUERN for the purpose of managing the business processes in the Hospitality Operations.

When Valamar acts as the data controller, the Valamar Privacy Policy applies, which can be found at: https://www.valamar.com/en/privacy-policy / https://www.valamar.com/hr/izjava-o-privatnosti.

DATA DELIVERY TO THIRD ENTITIES

OBERTAUERN shares personal information with others only when permitted.

OBERTAUERN is obliged by law to provide data to third parties. For example, delivering guest data and employee data to the competent institutions.

It is possible to deliver data to business entities, processors, who process the data upon instruction of OBERTAUERN, which acts as the data processor. Most often, these are OBERTAUERN's business partners who provide IT services, who store certain data in their databases or have the possibility of accessing personal data until the end of processing. In that cases a detailed contract shall be concluded with such subjects regarding their powers and obligations in the processing of personal data, in accordance with the requirements of the Regulation.

In certain situations, it is possible for external entities and OBERTAUERN to jointly determine the purposes and methods of personal data processing, in which case these external partners and OBERTAUERN are joint data controllers. In these relations, the joint data controllers shall transparently determine their responsibilities for complying with the obligations under the Regulation, in particular with regard to the exercise of data subject`s rights and their duties to respect the transparency of processing, unless responsibilities are established by law.

A special case of data delivery to third parties is the fact that OBERTAUERN has the Management contract with Valamar (see chapter: ROLE OF VALAMAR RIVIERA d.d.).

If data are transferred to third countries as part of data processing, OBERTAUERN ensures compliance with high protection standards in order to comply with the highest possible standard of personal data protection, in accordance with the strict requirements of the Regulation. Any transfer of personal data to third countries will be carried out in accordance with Chapter V of the Regulation.

DATA STORAGE RETENTION

Personal data are processed and stored for the period in accordance with applicable legal regulations when the retention obligation is prescribed (for example, accounting documents), and in situations where OBERTAUERN is authorized to set retention periods, data is stored as long as necessary for the purposes for which personal data is processed taking into account the purpose of processing, the legitimate interests of OBERTAUERN and the interests of the data subjects to delete the data.

RIGHTS OF THE DATA SUBJECTS

Regardless of the basis for data collection, all data subjects can exercise the following rights free of charge within the limits prescribed by the Regulation:

Right to information: The data subject has the right to be informed about the processing and its purposes. OBERTAUERN provides the data subjects with all the information necessary to ensure fair and transparent processing, considering the context of processing.

Right to erasure (“right to be forgotten”): The data subject has the right to request to delete personal data relating to him/her, without undue delay in accordance with the terms of the Regulation. To do so, please send your request to us in writing, including an electronic form of communication. Please note that the request needs to specify what you wish to be deleted, since we can store your data on different legal bases. You have the right to request the deletion of personal data relating to you where one of the following grounds applies:

  • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • the data subject withdraws consent on which the processing is based, and where there is no other legal ground for the processing;
  • the data subject objects to the processing pursuant and there are no overriding legitimate grounds for the processing, or the data subject objects;
  • the personal data have been unlawfully processed;
  • the personal data have to be erased for compliance with a legal obligation;
  • the personal data have been collected in relation to the offer of information society services.

In some cases, it will not be possible to fully comply with the deletion request, for example when there is a legal obligation for retention, when the legitimate interest of the controller is stronger than the interest of the data subjects, when there is an interest of the data controller to set, enforce or defend legal claims.

Right of access: The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  • the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form. The right to obtain a copy shall not adversely affect the rights and freedoms of others.

Right to rectification: The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Considering the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Right to data portability: The data subject has the right to receive personal data relating to him in a structured, commonly used and machine-readable format in accordance with the requirements of the Article 20 of Regulation.

Right to object: The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on public interest and legitimate interests, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Right to restriction of processing: The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

  • the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
  • the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
  • the data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject.

In any case, data subjects also have the right to:

  • to submit a complaint time via e-mail: dsgvo.obertauern@valamar.at or by mail to the address OBERTAUERN Gmbh, Gamsleitenstrasse 6, 5562 Obertauern, Austria
  • to lodge a complaint with a supervisory authority (Austrian Data Protection Authority) if they believe that their rights to data protection have been violated.

OBERTAUERN as the data controller has the right to protect the interests of the data controller as well as the protection of the data subjects and accordingly has the right to carry out the activities of establishing the identity of the applicant. OBERTAUERN has the right to publish a form that will be used to submit a request in order to process the request as efficiently as possible.

On request, OBERTAUERN provides information on the actions taken in relation to the exercise of data subject's rights without undue delay and in any case within one month from the date of receipt of the request. This period may be extended by an additional two months, considering the complexity and number of applications. OBERTAUERN shall notify the data subject of any such extension within one month from the date of receipt of the request, together with the reasons for the postponement.

If the data subject submits the request electronically, OBERTAUERN provides the information electronically if possible, unless the data subject requests otherwise.

The data subject's request is generally free of charge, but if the data subject's request is manifestly unfounded or excessive, and in particular because of their frequent repetition, OBERTAUERN is entitled to charge a reasonable fee based on administrative costs or refuse to act on the request.

PROTECTION OF PERSONAL DATA OF CHILDREN

OBERTAUERN advises parents and guardians to teach children about safe and responsible handling of personal data, especially on the Internet. In relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.

PERSONAL DATA SOURCES

OBERTAUERN receives personal data most often from data subjects. When providing personal data to OBERTAUERN, in any way (booking accommodation, job application…) you guarantee that the information you have provided is correct, that you are legally capable and authorized to dispose of the given information and that you fully agree that OBERTAUERN collects and uses your data in accordance with the regulations and terms of this Privacy Policy.

Also, OBERTAUERN receives personal data from other natural and legal persons, for example: from Valamar as a company that manages certain business aspects of business, from travel agencies that forward guest data for accommodation, guests who book accommodation for people with whom they will stay in hotel, agency for employment mediation and assignment of workers, from the holder of accommodation reservations for others guests for whom the reservation is made.

When providing personal data of other persons to OBERTAUERN, you guarantee that the information you provide is accurate, that you are legally capable and authorized to dispose of the information, that respondents whose personal data you forward to us agree that OBERTAUERN uses and collects their data in accordance with positive regulations and the terms of this Privacy Policy.

TECHNICAL AND INTEGRATED DATA PROTECTION

OBERTAUERN, as data controller, provides the highest organizational and technical standards of data protection. Therefore, considering the latest developments, the cost of implementation and the nature, scope, context and purposes of processing, as well as risks of different levels of probability and seriousness for the rights and freedoms of individuals arising from data processing, at the time of processing, appropriate technical and organizational measures to enable the effective application of the principles of data protection are applied.

Also, OBERTAUERN implements appropriate technical and organizational measures to ensure that only personal data necessary for each specific purpose of processing are processed in an integrated manner. OBERTAUERN applies this measure to the amount of personal data collected, the scope of their processing, the retention period and their availability. Specifically, such measures ensure that personal data is not automatically, without the intervention of an individual, available to an unlimited number of individuals.

DATA BREACH

In the case of a personal data breach, as the data controller, OBERTAUERN shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

The report submitted to the supervisory authority shall contain all information prescribed by the Regulation.

In the event of a personal data breach that is likely to pose a high risk to the rights and freedoms of individuals, OBERTAUERN, as the data controller, shall inform the data subjects of the personal data breach without undue delay. Sometimes, in cases where the Regulation prescribes, informing data subjects is not mandatory.

Special section

ACCOMMODATION

OBERTAUERN'S main business activity is the provision of accommodation services in its Hotel Valamar Obertauern 4*. Therefore, OBERTAUERN collects and processes your personal data for various purposes with the ultimate goal of providing quality accommodation and related services all according to the highest standards of tourism companies.

OBERTAUERN, as the data controller, stores your personal data that you must provide for accommodation services in its database for the purpose of fulfilling accommodation contracts and fulfilling legal obligations related to the hospitality business. In case you do not provide OBERTAUERN with the minimum data required for booking accommodation and for the registration to all competent registers, OBERTAUERN will not be able to provide you with booking services or accommodation services in accordance with the contract and law.

Certain information is necessary in order to act at the request of the data subject before concluding the accommodation contract. For example, before booking accommodation at the request of potential guests, you have to receive offer, for which personal data is needed, at least name, surname and e-mail address in order to be able to send an offer.

The personal data that OBERTAUERN collects when booking in order to fulfil the reservation obligation usually are:

  • Name and surname of the reservation holder
  • Date of birth
  • Number, type of identification document and place of issue
  • Citizenship
  • Number of accommodation units, type of accommodation unit (room type)
  • Date of arrival and departure
  • Number of persons per accommodation unit
  • Minors
  • Possibly other specifics depending on the request of the person booking the accommodation
  • e-mail if the person has one
  • Language
  • Phone number
  • Membership in the Valamar`s Loyalty program, if it affects the price of accommodation or collecting points
  • Payment method and possible additional information needed to execute the transaction or secure payment. In case of cancellation, we must save your data for the purpose of proving the reservation or cancellation.

Upon arrival at the Hotel OBERTAUERN 4*, guests have to check in and confirm data.

In addition, OBERTAUERN is obliged to keep all invoices, as well as the basis for issuing invoices issued to guests with personal data of the guest in accordance with legal regulations.

Other data related to the circumstances of your stay such as: mode of travel, who you are traveling with, marital status, number of children, pets, other interests, will also be collected and processed during your stay only when they have a direct connection with the accommodation service.

Before, during and after the stay OBERTAUERN as the data controller has the right based on the legitimate interest to send you so-called service messages – booking confirmations, reminders and other information closely related to the specific stay you have booked. Also, during and after the stay, OBERTAUERN as the data controller has the right based on the legitimate interest to send to you guest questionnaires about service satisfaction via e-mail, sms and/or instant messaging platforms (viber, whatsapp, etc.) which will be processed by us or through associates. The primary purpose of the service satisfaction questionnaire is to collect service data for the legitimate interest of service improvement by OBERTAUERN, and OBERTAUERN may depersonalize and process this data from the questionnaire for statistical purposes.

OBERTAUERN has the right, based on a legitimate interest, to collect certain data and use it for direct marketing.

Service messages and messages with service satisfaction questionnaires related to a specific stay of the guest are not considered newsletters for the purpose of sending OBERTAUERN marketing offers and news.

VIDEO SURVEILLANCE

OBERTAUERN as the data controller, has a legitimate interest in implementing video surveillance measures to protect property and persons. We marked all places where video surveillance is installed in the prescribed manner. We are aware that the videos contain personal data of all persons moving around the perimeter of the camera, and therefore we keep them with special care, we have a regulated system of security, availability and our internal safety rules. Special regulations governing the area apply to all other details related to video surveillance.

GETTING IN CONTACT WITH US

When you contact us via email or via one of the forms on our website, data are processed and stored, in accordance with the purpose of processing.

FINAL PROVISIONS

This Privacy Policy is available at Valamar Riviera d.d. website https://www.valamar.com/en/privacy-policy-valamar-obertauern and also at reception of Hotel Valamar Obertauern 4*, (when hotel is operating).

Kesselspitze GmbH & Co KG privacy policy

GENERAL SECTION

DATA CONTROLLER AND LEGAL FRAMEWORK

As the data controller, KESSELSPITZE, is committed to protecting your personal data. The collection and storage of data is carried out in accordance with the provisions of 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: “the Regulation”), TKG (Telecommunications Law 2021) and other regulations governing the subject area, which are applied in the Republic of Austria.

SCOPE OF APPLICATION

This Policy applies to any processing of personal data performed by KESSELSPITZE as the data controller, unless another policy or other KESSELSPITZE document prescribes otherwise for particular processing.

This Policy is divided into two parts: the General Section and the Specific Section.

The basic principles of personal data processing, contact details and other provisions specified in the General Section of this Policy are applied without exception to any personal data processing, regardless of whether such processing is specifically processed in the Specific Section of this Policy or not.

The Specific Section of the Policy deals, in more detail, with specific cases of data processing that represent the majority of all processing by KESSELSPITZE.

CONTACT FOR DATA PROTECTION REQUESTS

Regarding issues related to personal data protection and for the exercising of rights guaranteed by the Regulation, please contact KESSELSPITZE at any time via e-mail: dsgvo.kesselspitze@valamar.at or by mail to the address Kesselspitze GmbH & Co KG, 5562 Obertauern, Alpenstraße 1.

All requests not related to data protection that are delivered to this address, e.g. offers of job candidates, booking inquiries for Hotel Kesselspitze 5*, etc. will be forwarded directly to the relevant departments.

PERSONAL DATA PROTECTION PRINCIPLES

KESSELSPITZE has recognised the principles of data processing as basic values that must be respected throughout the cycle of personal data processing, from their collection to their destruction or other cessation of processing. KESSELSPITZE processes data observing:

  • Lawfulness - by processing data only if allowed by law and within the limits prescribed by law.
  • Fairness – by considering the specifics of each relationship, applying all appropriate measures to protect personal information and privacy in general and not impeding data subjects in exercising their rights.
  • Transparency – by informing data subjects about the processing of personal data. From the start of the data collection process, when data subjects are informed about all aspects of data processing, until its termination, data subjects are provided easy and fast access to their own data.
  • Purpose limitation – by processing personal data for the purposes for which they were collected and for other purposes only if the conditions of the Regulation have been met. Data may be processed for matching purposes only considering (a) any link between the purposes of the collection of personal data and the purposes of the intended continuation of the processing; (b) the context in which the personal data was collected, in particular concerning the relationship between the data subjects and KESSELSPITZE; (c) the nature of the personal data; (d) the possible consequences for the data subjects of the intended continuation of processing; and (e) the existence of appropriate protection measures.
  • Storage limitation – by storing data in a form which permits identification of data subjects for no longer than is necessary for the initial purposes, and longer only if permitted by the Regulation.
  • Data minimisation – by processing data if adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. Particular attention is given to not collecting data for whose processing there is no justifiable reason.
  • Accuracy – by keeping data accurate and up to date, and erasing inaccurate data within the scope of possibility.
  • Integrity and Confidentiality – by using appropriate technical and organisational measures to ensure appropriate personal data protection, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage. Relevant measures are applied considering the risk of each type of data processing.

LEGALITY OF PERSONAL DATA PROCESSING

In order to respect the lawfulness of processing personal data, KESSELSPITZE processes personal data only if and to the extent that at least one of the following criteria is met:

  • Processing is necessary for the performance of the contract to which the data subject is a party or in order to act at the request of the data subject prior to the conclusion of the contract; this is the most common purpose of data processing, with an existing contractual relationship or a contractual relationship in negotiation as its basis.
  • Processing is necessary to comply with the legal obligations of the data controller. As a legal entity, KESSELSPITZE has a number of obligations prescribed by various regulations. These obligations include the collection and often the submission of data to public authorities.
  • Processing is necessary for the legitimate interests of the data controller or a third party, except where those interests take precedence over the interests or fundamental rights and freedoms of data subjects requiring the protection of personal data, considering reasonable expectations of data subjects based on their relationship with the data controller, especially if the data subject is a child. In applying this legal basis, KESSELSPITZE assesses that the processing is appropriate to business needs, that it is the least invasive possible and that the interests of the data subjects do not exceed the legitimate interests of KESSELSPITZE or a third party. Examples of such processing are processing for administrative purposes, or the purposes of maintaining computer network security. The data subject always has the right to object to such processing in these situations.
  • Processing is necessary to protect key interests of the data subject or other natural person. The right to personal data protection is not an absolute right and KESSELSPITZE equates it with other fundamental rights in accordance with the principle of proportionality.
  • The data subject has consented to the processing of his or her personal data for one or more specific purposes. When processing personal data on the basis of consent, KESSELSPITZE provides that these are situations in which there are no formal or informal consequences for giving, refusing or denying consent. When processing is based on consent, the data subject may withdraw consent at any time without negative consequences. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

TYPES OF PERSONAL DATA PROCESSED

Special categories of personal data: shall be processed only if the conditions set out in Article 9 of the Regulation are met.

Data relating to criminal convictions and offences shall be processed only under the control of an official authority and in accordance with Article 10 of the Regulation.

Personal data that are not included in the previous two groups: the kind of data that makes up most processed data. The most common types of data are identification and contact data such as name, surname, e-mail address and data that are related to your relation with us (accommodation etc.).

Most of the personal data that we collect is provided by the data subjects themselves. Therefore, we kindly ask you that you do not provide sensitive information (such as race or ethnic origin, political opinions, religious or philosophical beliefs, etc.) when this is not necessary. If you nevertheless provide sensitive information for any reason, you thereby give your express consent to the collection and use of such information in the ways described in this Policy or in the manner described at the time of disclosure of that information.

THE ROLE OF VALAMAR RIVIERA d.d.

KESSELSPITZE concluded with the company Valamar Riviera d.d. with its registered office in Poreč, Stancija Kaligari 1 OIB: 36201212847 (hereinafter: “Valamar”) a Contract in relation to the management of hotel and tourist facilities and contents (hereinafter: “Management Contract”) on the basis of which Valamar manages certain business segments of KESSELSPITZE.

As a result of the said Management Contract, when managing Hotel Kesselspitze 5*, Valamar sometimes directly manages certain activities, including the management of some of the activities described in the Special Section of this Privacy Policy, and in particular Valamar may process the personal data of the guests for providing sales and marketing services. In addition, Valamar sometimes receives data from KESSELSPITZE and has a right of access to relevant data bases to perform certain activities where it subsequently comes to personal data processing.

For example, Valamar may manage the reservation function through the Valamar reservation centre (call centre) and via the website www.valamar.com, and in these cases Valamar is an independent data controller (and data subjects will be informed on the spot about that fact); however, all this information related to Hotel Kesselspitze 5* is and has to be also processed by KESSELSPITZE as owner and an independent data controller.

Furthermore, Valamar has a legitimate interest in the processing of personal data carried out for the purposes of direct marketing, primarily for the purpose of sending marketing messages (newsletters) by email, SMS and/or instant messaging platform (Viber, Whatsapp, etc.). On the basis of legitimate interest, Valamar may send different newsletters depending on the relationship that respondents have with Valamar or the facilities under Valamar’s management. For this purpose, personal data is collected from guests and persons who have asked for an offer or booked accommodation, persons who have participated in a prize game (should there be one), joined the Valamar loyalty programme, filled out a satisfaction questionnaire about accommodation or otherwise had a relationship with Valamar.

Following the above, in certain cases Hotel Kesselspitze 5* guests can expect to receive from Valamar newsletters containing information about all other hotels and facilities managed by Valamar, as well as accommodation quality questionnaires and other service emails. For Hotel Kesselspitze 5* guests, prize games can be organised from time to time by Valamar, in which case guests’ personal data will be collected only if guests decide to participate in the prize game.

Valamar’s Plus Club Loyalty Programme can be applied for KESSELSPITZE. The conditions of membership are contained in Valamar’s loyalty programme terms and conditions, which can be found at https://www.valamar.com/cmsmedia/loyalty/terms-conditions-en.pdf .

Also, on the basis of the Management Contract, Valamar has certain rights and obligations related to human resources, so in these cases Valamar has the right to process personal data of employees and candidates for employment in KESSELSPITZE for the purpose of managing the business processes in its hospitality operations.

When Valamar acts as the data controller, the Valamar Privacy Policy applies, which can be found at: https://www.valamar.com/en/privacy-policy / https://www.valamar.com/hr/izjava-o-privatnosti.

DATA DELIVERY TO THIRD ENTITIES

KESSELSPITZE shares personal information with others only when permitted.

KESSELSPITZE is obliged by law to provide data to third parties, for example, delivering guest data and employee data to the competent institutions.

It is possible to deliver data to business entities – processors – who process the data upon the instruction of KESSELSPITZE, which acts as the data processor. Most often, these are KESSELSPITZE’s business partners who provide IT services, and who store certain data in their databases or have the opportunity to access personal data until the end of processing. In these cases a detailed contract shall be concluded with such subjects regarding their powers and obligations in the processing of personal data, in accordance with the requirements of the Regulation.

In certain situations, it is possible for external entities and KESSELSPITZE to jointly determine the purposes and methods of personal data processing, in which cases these external partners and KESSELSPITZE are joint data controllers. In these relations, the joint data controllers shall determine their responsibilities for complying with their obligations under the Regulation transparently, in particular with regard to the exercise of data subjects’ rights and their duties to respect the transparency of processing, unless such responsibilities are established by law.

A special case of data delivery to third parties is the fact that KESSELSPITZE has the Management Contract with Valamar (see chapter: ROLE OF VALAMAR RIVIERA d.d.).

If data are transferred to third countries as part of data processing, KESSELSPITZE ensures compliance with high protection standards in order to comply with the highest possible standard of personal data protection, in accordance with the strict requirements of the Regulation. Any transfer of personal data to third countries will be carried out in accordance with Chapter V of the Regulation.

DATA STORAGE PERIOD

Personal data are processed and stored for the period in accordance with applicable legal regulations when the retention obligation is prescribed (for example, accounting documents), and in situations where KESSELSPITZE is authorised to set retention periods, data is stored as long as necessary for the purposes for which personal data is processed taking into account the purpose of processing, the legitimate interests of KESSELSPITZE and the interests of the data subjects in the deletion of the data.

RIGHTS OF THE DATA SUBJECTS

Regardless of the basis for data collection, all data subjects can exercise the following rights free of charge within the limits prescribed by the Regulation:

Right to information: The data subject has the right to be informed about the processing and its purposes. KESSELSPITZE provides the data subjects with all the information necessary to ensure fair and transparent processing, considering the context of processing.

Right to erasure („right to be forgotten“): The data subject has the right to request the deletion of personal data relating to him/her, without undue delay, in accordance with the terms of the Regulation. Should you wish this to take place, please send your request to us in writing, including an electronic form of communication. Please note that the request needs to specify what you wish to be deleted, since we can store your data on different legal bases. You have the right to request the deletion of personal data relating to you where one of the following grounds applies:

  • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • the data subject withdraws the consent upon which the processing is based, and where there is no other legal ground for the processing;
  • the data subject objects to the processing pursuant and there are no overriding legitimate grounds for the processing, or the data subject objects ;
  • the personal data have been unlawfully processed;
  • the personal data must be erased for compliance with a legal obligation;
  • the personal data have been collected in relation to the offer of information society services.

In some cases, it will not be possible to fully comply with the deletion request, for example when there is a legal obligation for retention, when the legitimate interest of the controller takes precedence over the interest of the data subjects or when there is an interest of the data controller to set, enforce or defend legal claims.

Right of access: The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if that is not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  • the right to lodge a complaint with a supervisory authority;
  • where the personal data have not been collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form. The right to obtain a copy shall not adversely affect the rights and freedoms of others

Right to rectification: The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Considering the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Right to data portability: The data subject has the right to receive personal data relating to him or her in a structured, commonly used and machine-readable format in accordance with the requirements of Article 20 of the Regulation.

Right to object: The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time, to the processing of personal data concerning him or her that is based on public interest and legitimate interests, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Right to restriction of processing: The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

  • the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
  • the controller no longer needs the personal data for the purposes of processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
  • the data subject has objected to processing pending the verification of whether the legitimate grounds of the controller override those of the data subject.

In any case, data subjects also have the right:

  • to submit a complaint time via email: dsgvo.kesselspitze@valamar.at or by mail to the address Kesselspitze GmbH & Co KG, 5562 Obertauern, Alpenstraße 1
  • to lodge a complaint with a supervisory authority (Austrian Data Protection Authority) if they believe that their rights to data protection have been violated.

KESSELSPITZE as the data controller has the right to protect the interests of the data controller as well as maintain the protection of the data subjects and accordingly has the right to carry out the activities of establishing the identity of the applicant. KESSELSPITZE has the right to publish a form that will be used to submit a request in order to process the request as efficiently as possible.

On request, KESSELSPITZE provides information on the actions taken in relation to the exercise of data subject’s rights without undue delay and in any case within one month from the date of receipt of the request. This period may be extended by an additional two months, considering the complexity and number of applications. KESSELSPITZE shall notify the data subject of any such extension within one month of the date of receipt of the request, together with the reasons for the postponement.

If the data subject submits the request electronically, KESSELSPITZE provides the information electronically if possible, unless the data subject requests otherwise.

The data subject’s request is generally not charged, but if the data subject’s request is manifestly unfounded or excessive, and in particular in the event of its frequent repetition, KESSELSPITZE is entitled to charge a reasonable fee based on administrative costs or refuse to act on the request.

PROTECTION OF PERSONAL DATA OF CHILDREN

KESSELSPITZE advises parents and guardians to teach children about safe and responsible handling of personal data, especially on the internet. In relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.

PERSONAL DATA SOURCES

KESSELSPITZE receives personal data most often from data subjects. When providing personal data to KESSELSPITZE in any way (booking accommodation, job application, etc.), you guarantee that the information you have provided is correct, that you are legally capable and authorised to dispose of the given information and that you fully agree that KESSELSPITZE may collect and use your data in accordance with the regulations and terms of this Privacy Policy.

Also, KESSELSPITZE receives personal data from other natural and legal persons, for example from Valamar as a company that manages certain commercial aspects of business, from travel agencies that forward guest data for accommodation, guests who book accommodation for people with whom they will stay in the hotel, agencies for employment mediation and the assignment of workers, and from the holder of accommodation reservations for others’ guests, for whom the reservation is made.

When providing the personal data of other persons to KESSELSPITZE, you guarantee that the information you provide is accurate, that you are legally capable and authorised to dispose of the information, and that the respondents whose personal data you forward to us agree that KESSELSPITZE may use and collect their data in accordance with positive regulations and the terms of this Privacy Policy.

TECHNICAL AND INTEGRATED DATA PROTECTION

KESSELSPITZE, as data controller, provides the highest organisational and technical standards of data protection. Therefore, considering the latest developments, the cost of implementation and the nature, scope, context and purposes of processing, as well as risks of different levels of probability and seriousness for the rights and freedoms of individuals arising from data processing, at the time of processing, appropriate technical and organisational measures to enable the effective application of the principles of data protection are applied.

Also, KESSELSPITZE implements appropriate technical and organisational measures to ensure that only personal data necessary for each specific processing purpose are processed in an integrated manner. KESSELSPITZE applies this measure to the amount of personal data collected, the scope of their processing, the retention period and their availability. Specifically, such measures ensure that personal data is not automatically, without the intervention of an individual, available to an unlimited number of individuals.

DATA BREACH

In the case of a personal data breach, as the data controller, KESSELSPITZE shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority, unless the personal data breach is unlikely to result in risk to the rights and freedoms of natural persons.

The report submitted to the supervisory authority shall contain all information prescribed by the Regulation.

In the event of a personal data breach that is likely to pose a high risk to the rights and freedoms of individuals, KESSELSPITZE, as the data controller, shall inform the data subjects of the personal data breach without undue delay. Sometimes, in cases where the Regulation prescribes, informing data subjects is not mandatory.

SPECIAL SECTION


ACCOMMODATION

KESSELSPITZE’s main business activity is the provision of accommodation services in its Hotel Kesselspitze 5*. Therefore, KESSELSPITZE collects and processes your personal data for various purposes with the ultimate goal of providing quality accommodation and related services all according to the highest standards of tourism companies.

KESSELSPITZE, as the data controller, stores the personal data that you must provide for accommodation services in its database for the purpose of fulfilling accommodation contracts and fulfilling legal obligations related to the hospitality business. In the event you do not provide KESSELSPITZE with the minimum data required for booking accommodation and for the registration to all competent registers, KESSELSPITZE will not be able to provide you with booking services or accommodation services in accordance with the contract and law.

Certain information is necessary in order to act at the request of the data subject before concluding the accommodation contract. For example, before booking accommodation at the request of potential guests, you have to receive an offer, for which personal data is needed: at least name, surname and e-mail address.

The personal data that KESSELSPITZE collects when booking in order to fulfil the reservation obligation usually are:

  • Name and surname of the reservation holder
  • Date of birth
  • Number, type and place of issue of identification document
  • Citizenship
  • Number of accommodation units and type of accommodation unit (room type)
  • Date of arrival and departure
  • Number of persons per accommodation unit
  • Minors
  • Possibly other specifics depending on the request of the person booking the accommodation
  • email address, if the person has one
  • Language
  • Phone number
  • membership in the Loyalty program, if it affects the price of accommodation or collecting points
  • Payment method and possible additional information needed to execute the transaction or secure payment. In case of cancellation, we must save your data for the purpose of proving the reservation or cancellation.

Upon arrival at the Hotel Kesselspitze 5*, guests have to check in and confirm data.

In addition, KESSELSPITZE is obliged to keep all invoices, as well as the basis for issuing invoices issued to guests with the personal data of each guest in accordance with legal regulations.

Other data related to the circumstances of your stay, such as mode of travel, with whom you are travelling, marital status, number of children, pets, and other interests, will also be collected and processed during your stay only when they have a direct connection with the accommodation service.

Before, during and after your stay KESSELSPITZE as the data controller has the right based on legitimate interest to send you so-called service messages – booking confirmations, reminders and other information closely related to the specific stay you have booked. Also, during and after the stay, KESSELSPITZE as the data controller has the right based on legitimate interest to send to you guest questionnaires about service satisfaction via email, SMS and/or instant messaging platforms (Viber, Whatsapp, etc.) which will be processed by us or through associates. The primary purpose of the service satisfaction questionnaire is to collect service data for the legitimate interest of service improvement by KESSELSPITZE, and KESSELSPITZE may depersonalise and process this data from the questionnaire for statistical purposes.

KESSELSPITZE has the right, based on legitimate interest, to collect certain data and use it for direct marketing.

Service messages and messages with service satisfaction questionnaires related to a specific stay of the guest are not considered newsletters for the purpose of sending KESSELSPITZE marketing offers and news.

VIDEO SURVEILLANCE

KESSELSPITZE as the data controller has a legitimate interest in implementing video surveillance measures to protect property and persons. We have marked all places where video surveillance is installed in the prescribed manner. We are aware that the videos contain personal data of all persons moving around the perimeter of the camera, and therefore we keep them with special care: we have a regulated system of security, availability and our internal safety rules. Special regulations governing the area apply to all other details related to video surveillance.

GETTING IN CONTACT WITH US

When you contact us via email or via one of the forms on our website, data are processed and stored in accordance with the processing purpose.

WEBSITE, COOKIES AND INTERNET TECHNOLOGIES

Our website uses so-called cookies. A cookie is a small text file that is saved to your browser on your computer or mobile device, and retrieved from it on subsequent visits. They do not cause any damage. Cookies cannot be used to reveal your personal identity, that is your name and surname. We use cookies to provide you with the best usability. Some cookies remain stored on your device until you delete them. They enable us to recognise your browser during subsequent visits.

If you do not agree with this practice, you can adjust your browser settings so that it will inform you before cookies are set. This will also enable you to permit specific cookies.

We use different types of cookies:

Cookies by function

  • Essential cookies - they are necessary for the operation of the website, which cannot function without them. This means that a website cannot be opened or displayed without these cookies. These cookies are used for the purpose of transmitting communication or are necessary to provide an information society service that is explicitly required by the user of such a service. These cookies do not need and do not require your consent.
  • Statistics cookies - these cookies enable basic analysis of web pages with the aim of improving the work of web pages through data that is completely anonymised, i.e. not based on your personal data or data that can be linked to you in any way. These cookies are used to analyse user behaviour and, on the basis of the anonymous data, can determine what website visitors view and want, so KESSELSPITZE is then able to customise the website and make its content and functionality as easy to use. These cookies require your consent.
  • Marketing cookies - they are used to analyse your interests and wishes, and they serve the purpose of informing you about special and personalised offers, news and events organised through online channels (e-mail, internet, internet promotion). These cookies require your consent.

Cookies by source

  • First party cookies come from the internet site you are viewing, and can be permanent or temporary. With these cookies, internet sites can store data that will be used again upon the next visit to the internet site.
  • Third party cookies come from other internet sites, which are located on the internet site you are viewing. With these cookies, other internet sites can track internet usage on the internet site you are viewing for marketing or analytical purposes.

Cookies by duration

  • Persistent cookies - Persistent or saved cookies remain on your computer after you close your internet browser program. They help internet sites store information, such as login and password, language settings, or cookie settings, so you do not have to re-enter them each time you visit. Persistent cookies can stay on your computer or mobile device for days, months, even years.
  • Temporary cookies Temporary cookies or session cookies are removed from your computer when you close your internet browser. They use internet sites to store temporary information, such as the last few pages you opened on the internet site you visited, or items in your shopping cart if you are on an internet site that specialises in internet sales.

Cookies are stored in the user’s browser for a maximum of 2 years.

If you have changed your mind about the cookie settings on our website, you can alter them at any time.

You can always delete cookies stored on your computer, thus preventing further processing of your personal data through such technology. Each web browser has its own procedure for deleting cookies, and below are links to deletion procedures in the most popular web browsers:

Google Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en

Mozilla Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox

Microsoft Edge: https://support.microsoft.com/en-us/windows/microsoft-edge-browsing-data-and-privacy-bb8174ba-9d73-dcf2-9b4a-c582b4e640dd

You can find more about cookies on the following pages:

  • http://www.allaboutcookies.org/
  • http://www.youronlinechoices.com/en/
  • http://www.aboutads.info/choices/

Valamar Marietta GmbH privacy policy

Valamar Marietta GmbHwith its headquarters in Ringstraße 8, AT-5562 Obertauern (hereinafter: MARIETTA or we or our or controller) as owner of Obertauern Places hotel by Valamar – ex Marietta hotel (hereinafter: the Hotel), respects the privacy of every person from whom collects personal data. We would like to inform you about what personal data we collect as the data controller, for what purpose, how we protect the data and what your rights are.

DATA CONTROLLER AND LEGAL FRAMEWORK

As the data controller, MARIETTA is committed to protect your personal data. The collection and storage of data is carried out in accordance with the provisions of 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: Regulation), TKG (Telecommunications Law 2021) and other regulations governing the subject area, which are applied in the Republic of Austria.

SCOPE OF APPLICATION

This Policy applies to any processing of personal data performed by MARIETTA as the data controller, unless another policy or other MARIETTA document prescribes otherwise for a particular processing.

This Policy is divided into two parts: The General Section and the Specific section.

The basic principles of personal data processing, contact details and other provisions specified in the General Section of this Policy are applied without exception to any personal data processing regardless of whether such processing is specifically processed in the Specific Section of this Policy or not.

The Specific Section of the Policy deals, in more detail, with specific cases of data processing which represent the majority of all processing by MARIETTA.

CONTACT FOR DATA PROTECTION REQUESTS

Regarding issues related to personal data protection and for exercising their rights guaranteed by the Regulation please contact MARIETTA at any time via e-mail: dsgvo.obertauern.places@valamar.at or by mail to the address Valamar Marietta GmbH with its headquarters in Ringstraße 8, AT-5562 Obertauern.

All requests not related to data protection, which are delivered to this address, e.g. offers of job candidates, booking inquiries in the Hotel, etc. will be provided directly to the relevant departments.

PERSONAL DATA PROTECTION PRINCIPLES

MARIETTA has recognized the principles of data processing as basic values that must be respected throughout the cycle of personal data processing, from their collection to their destruction or other cessation of processing. MARIETTA processes data:

  • Lawfully - by processing data only if allowed by law and within the limits prescribed by law.
  • Fairly - by considering the specifics of each relationship, applying all appropriate measures to protect personal information and privacy in general and not impeding data subjects in exercising their rights.
  • Transparently - by informing data subjects about the processing of personal data. From the start of the data collection process, when data subjects are informed about all aspects of data processing, until its termination, data subjects are provided easy and fast access to their own data.
  • Purpose limitation - by processing personal data for the purposes they were collected for and for other purposes only if the conditions of the Regulation are met. Data may be processed for matching purposes only considering (a) any link between the purposes of the collection of personal data and the purposes of the intended continuation of the processing; (b) the context in which the personal data was collected, in particular concerning the relationship between the data subjects and MARIETTA; (c) the nature of the personal data; (d) the possible consequences of the intended continuation of processing for the data subjects; and (e) the existence of appropriate protection measures.
  • Storage limitation - by storing data in a form which permits identification of data subjects for no longer than is necessary for the initial purposes, and longer only if permitted by the Regulation.
  • Data minimization - by processing data if it is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. Particular attention is given to not collecting data for which there is no justifiable reason for processing.
  • Accuracy - by keeping data accurate and up-to-date, and erasing inaccurate data in the scope of possibility.
  • Integrity and Confidentiality - by using appropriate technical and organisational measures to ensure appropriate personal data protection, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage. Relevant measures are applied considering the risk of each type of data processing.

LEGALITY OF PERSONAL DATA PROCESSING

In order to respect the lawfulness of processing personal data, MARIETTA processes personal data only if and to the extent that at least one of the following is met:

  • Processing is necessary for the performance of the contract to which the data subject is a party or in order to act at the request of the data subject prior to the conclusion of the contract; this is the most common purpose of data processing with an existing contractual relationship or a contractual relationship in negotiations as its basis.
  • Processing is necessary to comply with the legal obligations of the data controller. As a legal entity, MARIETTA has a number of obligations prescribed by various regulations. This obligation includes the collection and often the submission of data to public authorities.
  • Processing is necessary for the legitimate interests of the data controller or a third party, except where those interests are stronger than the interests or fundamental rights and freedoms of data subjects requiring the protection of personal data, considering reasonable expectations of data subjects based on their relationship with the data controller, especially if the data subject is a child. In applying this legal basis, MARIETTA assesses that the processing is appropriate to business needs, that it is the least invasive as possible and that the interests of the data subjects do not exceed the legitimate interests of MARIETTA or a third party. Examples of such processing are processing for administrative purposes, the purposes of maintaining computer network security. The data subject always has the right to object to such processing in these situations.
  • Processing is necessary to protect key interests of the data subject or other natural person. The right to personal data protection is not an absolute right and MARIETTA equates it with other fundamental rights in accordance with the principle of proportionality.
  • The data subject has consented to the processing of his or her personal data for one or more specific purposes. When processing personal data on the basis of consent, MARIETTA provides that these are situations in which there are no, formal or informal, consequences for giving, refusing or denying consent. When processing is based on consent, the data subject may withdraw consent at any time without negative consequences. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

TYPES OF PERSONAL DATA PROCESSED

Special categories of personal data: shall be processed only if the conditions set out in Article 9 of the Regulation are met.

Data relating to criminal convictions and offenses: shall be processed only under the control of official authority and in accordance with Article 10 of the Regulation.

Personal data that are not included in the previous two groups: that kind of data makes most of the processed data. The most common types of data are identification and contact data such as name, surname, e-mail address and data that are related with your relation with us (accommodation etc.).

Most of the personal data that we collect is provided by the data subjects themselves. Therefore, we kindly ask you that you do not provide sensitive information (such as race or ethnic origin, political opinions, religious or philosophical beliefs, etc.) when this is not necessary. If you nevertheless provide sensitive information for any reason, you hereby give your express consent to the collection and use of such information in the ways described in these Policy or in the manner described at the time of disclosure of that information.

THE ROLE OF VALAMAR RIVIERA d.d.

MARIETTA concluded with the company Valamar Riviera d.d. with its registered office in Poreč, Stancija Kaligari 1 OIB: 36201212847 (hereinafter: Valamar) Contract in relation to the management of hotel and tourist facilities and contents (hereinafter: Management contract) based on which Valamar manages certain business segments of MARIETTA.

Due to such Management contract, when managing the Hotel, Valamar sometimes directly manages certain activities, including the management of some of the activities described in the Special Section of this Privacy Policy, in particular Valamar can process the personal data of the guests for providing the sales and marketing services. In addition, Valamar sometimes receives data from MARIETTA and has a right of access to relevant data base to perform certain activities where it subsequently comes to personal data processing.

For example, Valamar can manage the reservation function through the Valamar reservation center (call center) and via the websites www.valamar.com, and in these cases Valamar is an independent data controller (and data subjects will be informed on the spot about that fact) however, all this information related to Hotel are and have to be also processed by MARIETTA as an owner and independent data controller.

Furthermore, Valamar has a legitimate interest in processing of personal data carried out for the purposes of direct marketing, primarily for the purpose of sending marketing messages (newsletters) by e-mail, SMS and / or instant messaging platform (Viber, Whatsapp, etc.). Based on a legitimate interest, Valamar may send different newsletters depending on the relationship that respondents have with Valamar or the facilities under Valamar's management. For this purpose, personal data is collected from guests and persons who have asked for an offer or booked accommodation, persons who have participated in the prize game (if there will be any), joined the Valamar`s loyalty program, filled out a satisfaction questionnaire about accommodation in or otherwise had a relationship with Valamar.

Following the above, in certain cases Hotel guests can expect to receive from Valamar newsletters containing information about all other hotels and facilities managed by Valamar, as well as accommodation quality questionnaires and other service e-mails. For Hotel guests, prize games can be organized from time to time, which can be organized by Valamar, in which case guests personal data will be collected only if guests decide to participate in the prize game.

Valamar's Plus Club Loyalty Program can be applied for the MARIETTA. The conditions of membership are contained in Valamar's loyalty programme terms and conditions, which can be found at https://www.valamar.com/cmsmedia/loyalty/terms-conditions-en.pdf.

Also, based on the Management contract, Valamar has certain rights and obligations related to human resources, so in these cases Valamar has the right to process personal data of employees and candidates for employment in MARIETTA for the purpose of managing the business processes in the Hospitality Operations.

When Valamar acts as the data controller, the Valamar Privacy Policy applies, which can be found at: https://www.valamar.com/en/privacy-policy / https://www.valamar.com/hr/izjava-o-privatnosti.

DATA DELIVERY TO THIRD ENTITIES

MARIETTA shares personal information with others only when permitted.

MARIETTA is obliged by law to provide data to third parties. For example, delivering guest data and employee data to the competent institutions.

It is possible to deliver data to business entities, processors, who process the data upon instruction of MARIETTA, which acts as the data processor. Most often, these are MARIETTA's business partners who provide IT services, who store certain data in their databases or have the possibility of accessing personal data until the end of processing. In that cases a detailed contract shall be concluded with such subjects regarding their powers and obligations in the processing of personal data, in accordance with the requirements of the Regulation.

In certain situations, it is possible for external entities and MARIETTA to jointly determine the purposes and methods of personal data processing, in which case these external partners and MARIETTA are joint data controllers. In these relations, the joint data controllers shall transparently determine their responsibilities for complying with the obligations under the Regulation, in particular with regard to the exercise of data subject`s rights and their duties to respect the transparency of processing, unless responsibilities are established by law.

A special case of data delivery to third parties is the fact that MARIETTA has the Management contract with Valamar (see chapter: ROLE OF VALAMAR RIVIERA d.d.).

If data are transferred to third countries as part of data processing, MARIETTA ensures compliance with high protection standards in order to comply with the highest possible standard of personal data protection, in accordance with the strict requirements of the Regulation. Any transfer of personal data to third countries will be carried out in accordance with Chapter V of the Regulation.

DATA STORAGE PERIOD

Personal data are processed and stored for the period in accordance with applicable legal regulations when the retention obligation is prescribed (for example, accounting documents), and in situations where MARIETTA is authorized to set retention periods, data is stored as long as necessary for the purposes for which personal data is processed taking into account the purpose of processing, the legitimate interests of MARIETTA and the interests of the data subjects to delete the data.

RIGHTS OF THE DATA SUBJECTS

Regardless of the basis for data collection, all data subjects can exercise the following rights free of charge within the limits prescribed by the Regulation:

Right to information: The data subject has the right to be informed about the processing and its purposes. MARIETTA provides the data subjects with all the information necessary to ensure fair and transparent processing, considering the context of processing.

Right to erasure (“right to be forgotten”): The data subject has the right to request to delete personal data relating to him/her, without undue delay in accordance with the terms of the Regulation. To do so, please send your request to us in writing, including an electronic form of communication. Please note that the request needs to specify what you wish to be deleted, since we can store your data on different legal bases. You have the right to request the deletion of personal data relating to you where one of the following grounds applies:

  • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • the data subject withdraws consent on which the processing is based, and where there is no other legal ground for the processing;
  • the data subject objects to the processing pursuant and there are no overriding legitimate grounds for the processing, or the data subject objects;
  • the personal data have been unlawfully processed;
  • the personal data have to be erased for compliance with a legal obligation;
  • the personal data have been collected in relation to the offer of information society services.

In some cases, it will not be possible to fully comply with the deletion request, for example when there is a legal obligation for retention, when the legitimate interest of the controller is stronger than the interest of the data subjects, when there is an interest of the data controller to set, enforce or defend legal claims.

Right of access: The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  • the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form. The right to obtain a copy shall not adversely affect the rights and freedoms of others.

Right to rectification: The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Considering the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Right to data portability: The data subject has the right to receive personal data relating to him in a structured, commonly used and machine-readable format in accordance with the requirements of the Article 20 of Regulation.

Right to object: The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on public interest and legitimate interests, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Right to restriction of processing: The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

  • the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
  • the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
  • the data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject.

In any case, data subjects also have the right to:

  • to submit a complaint time via e-mail: dsgvo.obertauern.places@valamar.at or by mail to the address Valamar Marietta GmbH with its headquarters in Ringstraße 8, AT-5562 Obertauern
  • to lodge a complaint with a supervisory authority (Austrian Data Protection Authority) if they believe that their rights to data protection have been violated.

MARIETTA as the data controller has the right to protect the interests of the data controller as well as the protection of the data subjects and accordingly has the right to carry out the activities of establishing the identity of the applicant. MARIETTA has the right to publish a form that will be used to submit a request in order to process the request as efficiently as possible.

On request, MARIETTA provides information on the actions taken in relation to the exercise of data subject's rights without undue delay and in any case within one month from the date of receipt of the request. This period may be extended by an additional two months, considering the complexity and number of applications. MARIETTA shall notify the data subject of any such extension within one month from the date of receipt of the request, together with the reasons for the postponement.

If the data subject submits the request electronically, MARIETTA provides the information electronically if possible, unless the data subject requests otherwise.

The data subject's request is generally free of charge, but if the data subject's request is manifestly unfounded or excessive, and in particular because of their frequent repetition, MARIETTA is entitled to charge a reasonable fee based on administrative costs or refuse to act on the request.

PROTECTION OF PERSONAL DATA OF CHILDREN

MARIETTA advises parents and guardians to teach children about safe and responsible handling of personal data, especially on the Internet. In relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.

PERSONAL DATA SOURCES

MARIETTA receives personal data most often from data subjects. When providing personal data to MARIETTA, in any way (booking accommodation, job application…) you guarantee that the information you have provided is correct, that you are legally capable and authorized to dispose of the given information and that you fully agree that MARIETTA collects and uses your data in accordance with the regulations and terms of this Privacy Policy.

Also, MARIETTA receives personal data from other natural and legal persons, for example: from Valamar as a company that manages certain business aspects of business, from travel agencies that forward guest data for accommodation, guests who book accommodation for people with whom they will stay in hotel, agency for employment mediation and assignment of workers, from the holder of accommodation reservations for others guests for whom the reservation is made.

When providing personal data of other persons to MARIETTA, you guarantee that the information you provide is accurate, that you are legally capable and authorized to dispose of the information, that respondents whose personal data you forward to us agree that MARIETTA uses and collects their data in accordance with positive regulations and the terms of this Privacy Policy.

TECHNICAL AND INTEGRATED DATA PROTECTION

MARIETTA, as data controller, provides the highest organizational and technical standards of data protection. Therefore, considering the latest developments, the cost of implementation and the nature, scope, context and purposes of processing, as well as risks of different levels of probability and seriousness for the rights and freedoms of individuals arising from data processing, at the time of processing, appropriate technical and organizational measures to enable the effective application of the principles of data protection are applied.

Also, MARIETTA implements appropriate technical and organizational measures to ensure that only personal data necessary for each specific purpose of processing are processed in an integrated manner. MARIETTA applies this measure to the amount of personal data collected, the scope of their processing, the retention period and their availability. Specifically, such measures ensure that personal data is not automatically, without the intervention of an individual, available to an unlimited number of individuals.

DATA BREACH

In the case of a personal data breach, as the data controller, MARIETTA shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

The report submitted to the supervisory authority shall contain all information prescribed by the Regulation.

In the event of a personal data breach that is likely to pose a high risk to the rights and freedoms of individuals, MARIETTA, as the data controller, shall inform the data subjects of the personal data breach without undue delay. Sometimes, in cases where the Regulation prescribes, informing data subjects is not mandatory.

Special section


ACCOMMODATION

MARIETTA'S main business activity is the provision of accommodation services in its Hotel MARIETTA 5*. Therefore, MARIETTA collects and processes your personal data for various purposes with the ultimate goal of providing quality accommodation and related services all according to the highest standards of tourism companies.

MARIETTA, as the data controller, stores your personal data that you must provide for accommodation services in its database for the purpose of fulfilling accommodation contracts and fulfilling legal obligations related to the hospitality business. In case you do not provide MARIETTA with the minimum data required for booking accommodation and for the registration to all competent registers, MARIETTA will not be able to provide you with booking services or accommodation services in accordance with the contract and law.

Certain information is necessary in order to act at the request of the data subject before concluding the accommodation contract. For example, before booking accommodation at the request of potential guests, you have to receive offer, for which personal data is needed, at least name, surname and e-mail address in order to be able to send an offer.

The personal data that MARIETTA collects when booking in order to fulfil the reservation obligation usually are:

  • Name and surname of the reservation holder
  • Date of birth
  • Number, type of identification document and place of issue
  • Citizenship
  • Number of accommodation units, type of accommodation unit (room type)
  • Date of arrival and departure
  • Number of persons per accommodation unit
  • Minors
  • Possibly other specifics depending on the request of the person booking the accommodation
  • e-mail if the person has one
  • Language
  • Phone number
  • Membership in the Valamar`s Loyalty program, if it affects the price of accommodation or collecting points
  • Payment method and possible additional information needed to execute the transaction or secure payment. In case of cancellation, we must save your data for the purpose of proving the reservation or cancellation.

Upon arrival at the Hotel guests have to check in and confirm data.

In addition, MARIETTA is obliged to keep all invoices, as well as the basis for issuing invoices issued to guests with personal data of the guest in accordance with legal regulations.

Other data related to the circumstances of your stay such as: mode of travel, who you are traveling with, marital status, number of children, pets, other interests, will also be collected and processed during your stay only when they have a direct connection with the accommodation service.

Before, during and after the stay MARIETTA as the data controller has the right based on the legitimate interest to send you so-called service messages – booking confirmations, reminders and other information closely related to the specific stay you have booked. Also, during and after the stay, MARIETTA as the data controller has the right based on the legitimate interest to send to you guest questionnaires about service satisfaction via e-mail, sms and/or instant messaging platforms (viber, whatsapp, etc.) which will be processed by us or through associates. The primary purpose of the service satisfaction questionnaire is to collect service data for the legitimate interest of service improvement by MARIETTA, and MARIETTA may depersonalize and process this data from the questionnaire for statistical purposes.

MARIETTA has the right, based on a legitimate interest, to collect certain data and use it for direct marketing.

Service messages and messages with service satisfaction questionnaires related to a specific stay of the guest are not considered newsletters for the purpose of sending MARIETTA marketing offers and news.

VIDEO SURVEILLANCE

MARIETTA as the data controller, has a legitimate interest in implementing video surveillance measures to protect property and persons. We marked all places where video surveillance is installed in the prescribed manner. We are aware that the videos contain personal data of all persons moving around the perimeter of the camera, and therefore we keep them with special care, we have a regulated system of security, availability and our internal safety rules. Special regulations governing the area apply to all other details related to video surveillance.

GETTING IN CONTACT WITH US

When you contact us via email or via one of the forms on our website, data are processed and stored, in accordance with the purpose of processing.

WEBSITE, COOKIES AND INTERNET TECHNOLOGIES

Our website uses so-called cookies. A cookie is a small text file that is saved to your browser on your computer or mobile device, and retrieved from it on subsequent visits. They do not cause any damage. Cookies cannot be used to reveal your personal identity meaning your name and surname. We use cookies to provide you with the best usability. Some cookies remain stored on your device until you delete them. They enable us to recognize your browser during subsequent visits.

If you do not agree with this practice, you can adjust your browser settings so that it will inform before setting cookies. This will also enable you to permit specific cookies.

We use different types of cookies:

Cookies by function

  • Essential cookies - they are necessary for the operation of the website, which cannot function without them. This means that a website cannot be opened or displayed without these cookies. These cookies are used for the purpose of transmitting communication or are necessary to provide an information society service that is explicitly required by the user of such a service. These cookies do not need and do not require your consent.
  • Statistics cookies - these cookies enable basic analysis of web pages with the aim of improving the work of web pages through data that is completely anonymised, i.e. not based on your personal data or data that can be linked to you in any way. These cookies are used to analyse user behaviour and, on the basis of the anonymous data, can determine what website visitors view and want, so KESSELSPITZE is then able to customise the website and make its content and functionality as easy to use. These cookies require your consent.
  • Marketing cookies - they are used to analyse your interests and wishes, and they serve the purpose of informing you about special and personalised offers, news and events organised through online channels (e-mail, internet, internet promotion). These cookies require your consent.

Cookies by source

  • First party cookies come from the internet site you are viewing, and can be permanent or temporary. With these cookies, internet sites can store data that will be used again upon the next visit to the internet site.
  • Third party cookies come from other internet sites, which are located on the internet site you are viewing. With these cookies, other internet sites can track internet usage on the internet site you are viewing for marketing or analytical purposes.

Cookies by duration

  • Persistent cookies - Persistent or saved cookies remain on your computer after you close your internet browser program. They help internet sites store information, such as login and password, language settings, or cookie settings, so you do not have to re-enter them each time you visit. Persistent cookies can stay on your computer or mobile device for days, months, even years.
  • Temporary cookies Temporary cookies or session cookies are removed from your computer when you close your internet browser. They use internet sites to store temporary information, such as the last few pages you opened on the internet site you visited, or items in your shopping cart if you are on an internet site that specialises in internet sales.

Cookies are stored in the user’s browser for a maximum of 2 years.

If you have changed your mind about the cookie settings on our website, you can alter them at any time.

You can always delete cookies stored on your computer, thus preventing further processing of your personal data through such technology. Each web browser has its own procedure for deleting cookies, and below are links to deletion procedures in the most popular web browsers:

Google Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en

Mozilla Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox

Microsoft Edge: https://support.microsoft.com/en-us/windows/microsoft-edge-browsing-data-and-privacy-bb8174ba-9d73-dcf2-9b4a-c582b4e640dd

You can find more about cookies on the following pages:

  • http://www.allaboutcookies.org/
  • http://www.youronlinechoices.com/en/
  • http://www.aboutads.info/choices/

In Obertauern, 01.07.2023.

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