A.1. COLLECTION AND PROCESSING OF USER DATA
A.3. DATA COLLECTION CHANNELS
The Hotel and Tourism School of Setúbal may collect data directly (i.e., directly from the User) or indirectly (i.e., through partners or third parties). The collection may be done through the following channels: Direct collection: in person, by phone, by email and through the Site; Indirect collection: through partners or group companies and official entities.
B. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA
In terms of general principles regarding the processing of personal data, the Setúbal School of Hospitality and Tourism undertakes to ensure that the User Data it processes is:
- The object of a lawful, fair and transparent treatment in relation to the User;
- Collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;
- Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- Accurate and up-to-date where necessary, with all appropriate measures being taken to ensure that inaccurate data, taking into account the purposes for which they are processed, are erased or rectified without delay; kept in a form which permits identification of the User only for as long as is necessary for the purposes for which the data are processed;
- Processed in a manner that ensures their security, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, with appropriate technical or organisational measures being adopted. The data processing carried out by the Hotel and Tourism School of Setúbal is lawful when at least one of the following situations occurs:
- The User has given their explicit consent to the processing of User Data for one or more specific purposes;
- processing is necessary for the performance of a contract to which the User is a party, or for pre-contractual steps at the User’s request;
- The processing is necessary for compliance with a legal obligation to which the Setúbal Hotel and Tourism School is subject;
- processing is necessary in order to protect the vital interests of the User or another person;
- The processing is necessary for the purposes of the legitimate interests pursued by the Setúbal School of Hospitality and Tourism or by third parties (unless the interests or fundamental rights and freedoms of the User prevail which require the protection of personal data).
The Escola de Hotelaria e Turismo de Setúbal undertakes to ensure that the User Data is only processed under the conditions listed above and with respect for the principles mentioned above. When the processing of User Data is carried out by Escola de Hotelaria e Turismo de Setúbal based on the User’s consent, the User has the right to withdraw their consent at any time. The withdrawal of consent, however, shall not affect the lawfulness of the processing carried out by Escola de Hotelaria e Turismo de Setúbal based on the consent previously given by the User. The period of time for which data is stored and conserved varies according to the purpose for which the information is processed. In effect, there are legal requirements that oblige data to be kept for a minimum period of time. Therefore, and whenever there is no specific legal requirement, the data will be stored and kept only for the minimum period of time necessary for the purposes for which they were collected or subsequently processed, after which they will be deleted.
B.1. USE AND PURPOSES OF PROCESSING USER DATA
In general terms, the Setúbal School of Hospitality and Tourism uses User Data for the following purposes:
- Provision of hotel services and associated services
Management of contacts with the User
Invoicing and billing the user;
- User registration on the Site;
Informing the User, upon request, of new products and services available on the Website and/or in the hotels, special offers and campaigns, updated information on the activity of the Hotel and Tourism School of Setúbal and, in general, for marketing purposes, through any means of communication, including electronic support;
- Ensuring that the Website meets the User’s needs, by developing and publishing content that is as adapted as possible to the requests and type of User, by improving the search capabilities and functionalities of the Website and by obtaining aggregate or statistical information regarding the User’s profile (analysis of consumption profiles);
- Provision of Services, and other services, such as newsletters, opinion surveys, or other information or products requested or purchased by the User;
- Setúbal Hotel and Tourism School may combine Usability Information with anonymous demographic information for research purposes, and we may use the result of such combination to provide more relevant content on the Site. In certain restricted areas of the Site, Setúbal Hotel and Tourism School may combine Personal Data with Usability Information to provide the User with more personalised content. The User Data collected is not shared with third parties without the User’s consent, with the exception of the situations referred to in the following paragraph. However, in the event that the User contracts services that are provided by other entities responsible for the processing of personal data, the User Data may be consulted or accessed by these entities insofar as this is necessary for the provision of these services. Under the applicable legal terms, the School of Hospitality and Tourism of Setúbal may transfer or communicate the user’s data to other entities in case such transfer or communication is necessary for the execution of the contract established between the user and the School of Hospitality and Tourism of Setúbal, or for pre-contractual procedures at the request of the user, in case it is necessary for the fulfilment of a legal obligation to which the School of Hospitality and Tourism of Setúbal is subject or in case it is necessary for the purpose of pursuing its legitimate interests or those of a third party.
B.2. TECHNICAL, ORGANISATIONAL AND SAFETY MEASURES IMPLEMENTED
To ensure the security of User Data and maximum confidentiality, we treat the information you have provided us with absolute confidentiality, in accordance with our internal security and confidentiality policies and procedures, which are periodically updated as necessary, as well as in accordance with the terms and conditions provided by law. Depending on the nature, scope, context and purposes of data processing, as well as the risks arising from the processing for the rights and freedoms of the User, the Hotel and Tourism School of Setúbal undertakes to implement, both when defining the means of processing and when processing itself, the necessary and appropriate technical and organisational measures to protect User Data and to meet legal requirements. It also undertakes to ensure that, by default, only the data that is necessary for each specific purpose of the processing shall be processed and that such data shall not be made available without human intervention to an indefinite number of persons. In terms of general measures, the Setúbal School of Hospitality and Tourism adopts the following:
- Regular audits with a view to gauging the effectiveness of the technical and organisational measures implemented;
- Awareness-raising and training of staff involved in data processing operations;
- Pseudonymisation and encryption of personal data;
- Mechanisms to ensure the permanent confidentiality, availability and resilience of the information systems;
- Mechanisms to ensure the timely restoration of information systems and access to personal data in the event of a physical or technical incident.
B.3. INTERNATIONAL DATA TRANSFER
The personal data collected and used by the Setúbal School of Hospitality and Tourism is not made available to third parties established outside the European Union. If, in the future, such a transfer takes place for the above-mentioned reasons, the School of Hospitality and Tourism of Setúbal undertakes to ensure that the transfer complies with applicable legal provisions, particularly with regard to determining the suitability of such country with regard to data protection and the requirements applicable to such transfers.
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C. USERS RIGHTS
C.1. RIGHT TO INFORMATION
C.1.1. INFORMATION PROVIDED TO THE USER BY SETÚBAL HOTEL AND TOURISM SCHOOL (WHEN THE DATA IS COLLECTED DIRECTLY FROM THE USER)
- The identity and contact details of the Setúbal Hotel and Tourism School responsible for processing and, if applicable, of its representative;
- The purposes of the processing for which the personal data are intended as well as, where applicable, the legal basis for the processing;
- If the processing of the data is based on the legitimate interests of the Setúbal School of Hospitality and Tourism or of a third party, indication of such interests;
- If applicable, the recipients or categories of recipients of the personal data;
- Where applicable, indication of whether the personal data will be transferred to a third country or an international organisation, and the existence or not of an adequacy decision adopted by the Commission or reference to appropriate or adequate transfer safeguards;
- Period for which the personal data will be kept;
The right to request to the Setúbal School of Hospitality and Tourism access to personal data, as well as their rectification, erasure or limitation, the right to object to the processing and the right to data portability; If data processing is based on the User’s consent, the right to withdraw consent at any time, without compromising the lawfulness of processing carried out on the basis of consent previously given;
- The right to lodge a complaint with the CNPD or another supervisory authority;
Indication of whether the communication of personal data constitutes a legal or contractual obligation or a necessary requirement to enter into a contract, as well as whether the data subject is obliged to provide the personal data and the possible consequences of not providing such data;
- where applicable, the existence of automated decisions, including profiling, and information concerning the underlying logic as well as the significance and expected consequences of such processing for the data subject.
In the event that User Data is not collected directly by the Setúbal School of Hospitality and Tourism from the User, in addition to the information referred to above, the User is additionally informed about the categories of personal data being processed, as well as about the origin of the data and, possibly, whether they come from publicly accessible sources.
Should the Setúbal Tourism and Hotel Management School intend to further process User Data for a purpose other than that for which the data was collected, prior to such processing the Setúbal Tourism and Hotel Management School shall provide the User with information regarding this purpose and any other relevant information, under the terms referred to above.
C.1.2. PROCEDURES AND MEASURES IMPLEMENTED WITH A VIEW TO FULFILLING THE RIGHT TO INFORMATION
The information referred to in C.1.1 shall be provided in writing (including by electronic means) by Escola de Hotelaria e Turismo de Setúbal to the User prior to the processing of the personal data in question. Under the terms of the applicable law, the Setúbal School of Hospitality and Tourism is under no obligation to provide the user with the information referred to in C.1.1 when and insofar as the user is already aware of it. The information is provided by the Setúbal School of Hospitality and Tourism free of charge.
C.2. RIGHT OF ACCESS TO PERSONAL DATA
The Hotel and Tourism School of Setúbal guarantees the means to allow the user access to their personal data. The user has the right to obtain from the Setúbal School of Hospitality and Tourism confirmation that personal data concerning him or her are or are not being processed and, where appropriate, the right to access his or her personal data and the following information:
- The purposes of the data processing;
- the categories of personal data concerned
- The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients established in third countries or belonging to international organisations;
- The period for which the personal data will be kept;
- The right to request the Setúbal Hotel and Tourism School to rectify, erase or limit the processing of personal data, or the right to oppose such processing;
- The right to lodge a complaint with the CNPD or another supervisory authority;
If the data has not been collected from the User, the information available on the origin of such data;
- The existence of automated decisions, including profiling, and information regarding the underlying logic, as well as the significance and expected consequences of such processing for the data subject;
- Right to be informed about the appropriate guarantees associated with the transfer of data to third countries or international organisations. Upon request, the Setúbal Hotel and Tourism School shall provide the User with a copy of the User Data being processed, free of charge. The provision of other copies requested by the user may involve administrative costs.
C.3. RIGHT OF RECTIFICATION OF PERSONAL DATA
The User has the right to request, at any time, the rectification of their Personal Data and also the right to have their incomplete personal data completed, including by means of an additional declaration. In the event of rectification of data, the Escola de Hotelaria e Turismo de Setúbal shall notify each recipient to whom the data have been disclosed of the rectification, unless such notification proves impossible or involves a disproportionate effort for the Escola de Hotelaria e Turismo de Setúbal.
C.4. THE RIGHT TO THE ERASURE OF PERSONAL DATA (“RIGHT TO BE FORGOTTEN”)
The User has the right to obtain, from the Setúbal School of Hospitality and Tourism, the erasure of their data when one of the following reasons applies:
- The User’s Data is no longer necessary for the purpose that motivated their collection or processing; The User withdraws the consent on which the processing of the data is based and there is no other legal ground for said processing;
- the User objects to the processing under the right to object and there are no overriding legitimate interests justifying the processing;
in the event that User Data is unlawfully processed;
- In accordance with the applicable legal terms, the School of Hospitality and Tourism of Setúbal is under no obligation to erase the User Data insofar as the processing is necessary to comply with a legal obligation to which the School of Hospitality and Tourism of Setúbal is subject or for the purposes of the establishment, exercise or defence of a right of the School of Hospitality and Tourism of Setúbal in a legal proceeding. In the event of data being erased, Escola de Hotelaria e Turismo de Setúbal shall notify each recipient/entity to whom the data have been transmitted of their erasure, unless such notification proves impossible or involves a disproportionate effort. When the Hotel and Tourism School of Setúbal has made public the User Data and is obliged to erase them under the right to erasure, it undertakes to ensure reasonable measures, including those of a technical nature, taking into consideration the available technology and the costs of their implementation, to inform those responsible for the actual processing of the personal data that the User has requested them to erase the links to such personal data, as well as the copies or reproductions thereof.
C.5. RIGHT TO LIMITATION OF PROCESSING OF PERSONAL DATA
The User has the right to obtain, from the Setúbal School of Hospitality and Tourism, the limitation of the processing of the User Data, if one of the following situations applies (the limitation consists of inserting a mark in the personal data kept with the aim of limiting its processing in the future):
- If you contest the accuracy of the personal data, for a period that allows the Setúbal Hotel and Tourism School to verify its accuracy;
- If the processing is unlawful and the User opposes the erasure of data, requesting instead the limitation of its use;
- If the Setúbal Hotel and Tourism School no longer needs the user data for processing purposes, but such data is required by the user for the purpose of stating, exercising or defending a right in a legal proceeding;
- Where the user has opposed the processing, until it is ascertained that the legitimate reasons of the Hotel and Tourism School of Setúbal prevail over those of the user. When User data is subject to limitation, it may, with the exception of conservation, only be processed with the consent of the User or for the purpose of the statement, exercise or defense of a right in a legal proceeding, the defense of the rights of another natural or legal person, or for reasons of public interest legally provided. The User who has obtained the limitation of the processing of their data in the aforementioned cases shall be informed by the Hotel and Tourism School before the limitation on processing is lifted. Where data processing is limited, the Escola de Hotelaria e Turismo de Setúbal shall notify each recipient to whom the data have been disclosed of the limitation, unless such notification proves impossible or involves a disproportionate effort for the Escola de Hotelaria e Turismo de Setúbal.
C.6. RIGHT OF PORTABILITY OF PERSONAL DATA
The User has the right to receive personal data concerning him or her that he or she has provided to the Setúbal School of Hospitality and Tourism in a structured, commonly used and machine-readable format, and the right to transmit such data to another controller if:
- The processing is based on consent or a contract to which the User is a party;
- The processing is carried out by automated means. The right of portability does not include inferred data or derived data, i.e. personal data that is generated by the Setúbal Hotel and Tourism School as a consequence or result of the analysis of the data being processed. The User shall have the right to personal data being transmitted directly between controllers, whenever technically possible.
C.7. RIGHT TO OBJECT TO PROCESSING
The User shall have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data concerning them based on the exercise of legitimate interests pursued by the Setúbal School of Hospitality and Tourism or when the processing is carried out for purposes other than those for which the personal data were collected, including profiling, or when the personal data are processed for statistical purposes. Escola de Hotelaria e Turismo de Setúbal shall cease the processing of User Data, unless it provides compelling legitimate grounds for such processing which override the interests, rights and freedoms of the User, or for the purposes of the establishment, exercise or defence of a right of Escola de Hotelaria e Turismo de Setúbal in legal proceedings. When User data is processed for direct marketing purposes, the User shall have the right to object at any time to the processing of data concerning him or her for the purposes of such marketing, which includes profiling insofar as it is related to direct marketing. Should the User object to the processing of his/her data for the purposes of direct marketing, the Setúbal Hotel and Tourism School shall cease processing the data for such purposes. The user shall also have the right not to be subject to any decision taken solely on the basis of automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision
- Is necessary for the conclusion or performance of a contract between the User and the Setúbal School of Hospitality and Tourism;
- It is authorised by legislation to which the Setúbal School of Hotel Management and Tourism is subject;
- or It is based on the explicit consent of the user.
C.8. PROCEDURES FOR THE EXERCISE OF USER RIGHTS
The right of access, the right of rectification, the right of erasure, the right to limitation, the right of portability and the right to object may be exercised by the User by contacting the Hotel and Tourism School of Setúbal through the email email@example.com. The Setúbal School of Hospitality and Tourism shall respond in writing (including by electronic means) to the User’s request within a maximum period of one month from receipt of the request, except in cases of particular complexity, in which case this period may be extended to two months. If requests made by the user are manifestly unfounded or excessive, particularly due to their repetitive nature, the Setúbal Hotel and Tourism School reserves the right to charge administrative costs or refuse to process the request.
C.9. PERSONAL DATA VIOLATION
In the event of a data breach and insofar as such breach is likely to involve a high risk to the rights and freedoms of the User, the Setúbal Hotel and Tourism School undertakes to communicate the personal data breach to the User concerned as soon as the incident is known. Under the legal terms, communication to the User is not required in the following cases:
- In case the Escola de Hotelaria e Turismo de Setúbal has applied adequate protection measures, both technical and organisational, and such measures have been applied to the personal data affected by the personal data breach, especially measures that make the personal data incomprehensible to any person not authorised to access such data, such as encryption;
- Where the Setúbal Hotel and Tourism School has taken subsequent measures to ensure that the high risk to the rights and freedoms of the User is no longer likely to materialise;
- If notifying the User would involve a disproportionate effort for the Escola de Hotelaria e Turismo de Setúbal. In this case, Escola de Hotelaria e Turismo de Setúbal shall make a public announcement or take a similar measure whereby the user will be informed.
14 D. CONFIDENTIALITY OF E-MAILS
The emails sent by the School of Hospitality and Tourism of Setúbal and all its attachments are CONFIDENTIAL and are intended solely for the addressee. If you read any message and you are not the intended recipient, you are notified that any use, distribution, forwarding or other form of disclosure to others, printing or copying of the message is expressly prohibited under current legislation. Should you have received a message in error, we request that you immediately notify us at firstname.lastname@example.org and proceed to its immediate elimination. The Hotel and Tourism School of Setúbal disclaims any responsibility for the content of email messages that are altered or falsified.
E.2. APPLICABLE LAW AND JURISDICTION
A Política de Privacidade, bem como a recolha, tratamento ou transmissão de Dados do Utilizador, são regidos pelo disposto no Regulamento (UE) 2016/679, do Parlamento Europeu e do Conselho, de 27 de abril de 2016 e pela legislação e regulamentação aplicáveis em Portugal. Quaisquer litígios decorrentes da validade, interpretação ou execução da Política de Privacidade, ou que estejam relacionados com a recolha, tratamento ou transmissão de Dados do Utilizador, devem ser submetidos em exclusivo à jurisdição dos tribunais judiciais da comarca de Lisboa, sem prejuízo das normas legais imperativas aplicáveis.