Privacy

Privacy Statement

We, FUN HOLIDAY CHARTER SL, thank you for visiting our homepage. As the operator of this site, we are committed to the secure handling of your data. We would therefore like to inform you in detail about the use of your data when you visit our website.

1. Definitions

The privacy statement of FUN HOLIDAY CHARTER SL is based on the terminology used by the European Regulator when issuing the General Data Protection Directive (GDPR). Our privacy statement is designed to be easy to read and understand for the public as well as for our customers and business partners. In order to guarantee this, we would like to explain the terminology used in advance.

The terms used in this privacy statement include, for instance, the following:

Personal data means any information relating to an identified or identifiable natural person (hereinafter called ‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Data subject means any identified or identifiable natural person whose personal data is processed by the controller.

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Restriction of processing means the marking of stored personal data with the aim of limiting its future processing.

Profiling means any automated processing of personal data consisting of the use of such personal data in order to evaluate certain personal aspects relating to a natural person, in particular, to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.

Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the need for additional information, provided that this additional information is kept separately and is subject to technical and organisational measures that ensure that the personal data is not attributed to an identified or identifiable natural person.

Controller means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller and/or the specific criteria for his designation may be laid down by Union law or by the law of the Member States.

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Recipient means a natural or legal person, public authority, agency or other body to whom personal data is disclosed, whether or not that person is a third party However, authorities which may receive personal data in the context of a specific investigation mandate under Union law or the law of the Member States are not considered to be recipients.

Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.

Consent means any voluntary, informed and unambiguous expression by data subjects of their will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that the data subjects consent to the processing of their personal data.

2. Data collection

The FUN HOLIDAY CHARTER SL website collects a series of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the log files of the server. The following can be recorded:

  1. the browser types and versions used
  2. the operating system used by the accessing system
  3. the website from which an accessing system accesses our website (so-called referrer)
  4. the sub-websites of our website which are accessed via an accessing system
  5. the date and time of access to the website
  6. an Internet protocol address (IP address),
  7. the Internet service provider of the accessing system and
  8. other similar data and information used to avert threats in the event of attacks on our information technology systems.

FUN HOLIDAY CHARTER SL does not draw any conclusions regarding the data subject when using this general data and information. Instead, this information is needed in order to:

  1. correctly deliver the content of our website
  2. optimise the content of our website and the advertising for it
  3. ensure the long-term operability of our information technology systems and the technology of our website and
  4. provide law enforcement agencies with the information they need for prosecution in the event of a cyber attack.

FUN HOLIDAY CHARTER SL therefore evaluates this anonymously collected data and information both statistically and with the aim of increasing data protection and data security at our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files is stored separately from all personal data provided by the data subject.

3. Legal or contractual provisions governing the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide data

We hereby inform you that the provision of personal data is partly required by law (for instance, by tax regulations) or may result from contractual provisions (for instance, information regarding the contract partner). Sometimes, in order to conclude a contract, a data subject may be required to make personal data available to us which must then be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data may mean that the contract cannot be concluded with the data subject. Before the data subject provides personal data, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and of the possible consequences of failure to provide the personal data.

4. Possibility to contact us via the website

As required by law, the website of FUN HOLIDAY CHARTER SL contains information that makes it possible to quickly contact our company by electronic means and to communicate directly with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller is stored for the purposes of processing or contacting the data subject. This personal data will not be disclosed to any third party.

5. Use of cookies

In order to offer visitors to our website an attractive experience and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. when you close your browser (so-called session cookies). Other cookies remain on your device and enable us to recognise your browser during your next visit (so-called persistent cookies). You can set your browser in such a manner that you are informed about the setting of cookies and that you can decide individually whether to accept them or whether to exclude the acceptance of cookies in certain cases or in general. If cookies are not accepted, the functionality of our website may be restricted.

6. Notification of changes

Changes in laws or in our internal processes may require us to amend this privacy statement.

In the event of such a change, we will notify you at least six weeks before it comes into effect. In general (see point 12), you have a right to withdraw any consent given.

Please note that (if you do not exercise your right of withdrawal) the current version of the privacy statement is the valid one.

7. Updating/erasing your personal data

You have the possibility at any time to check, change or erase the personal data provided to us by sending us an email to the email address info@funholidaycharter.com. If you are a customer of us/recipient of our newsletter, you can unsubscribe from this service for the future.

You also have the right to withdraw your consent at any time with effect for the future.

Your personal data stored will be erased when you revoke your consent to its storage.

The controller processes and stores the personal data of the data subject only for the period of time necessary to achieve the purpose of storage or where provided for by the European Regulator or another legislator in laws or regulations applicable to the controller.

If the purpose of storage no longer applies or if a storage period prescribed by the European Regulator or another competent legislator expires, the personal data will be blocked or erased by default and in accordance with the statutory provisions.

8. Rights of data subjects

The European Regulator has granted to all data subjects the right to obtain from the controller confirmation as to whether personal data relating to the data subject is being processed. A data subject wishing to exercise this right of confirmation can contact our data protection officer or another employee of the controller at any time.

Any data subject concerned by the processing of personal data has the right, granted by the European Regulator, to obtain from the controller at any time free of charge information regarding the personal data relating to him which has been stored as well as a copy of that information. Furthermore, the European Regulator has granted the data subject the right to the following information:

the purposes of processing

the categories of personal data processed

the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular, recipients in third countries or at international organisations

if possible, the planned duration of storage of the personal data or, if this is not possible, the criteria for determining that duration

the existence of a right to the rectification or erasure of personal data concerning him or to the limitation of the processing carried out by the controller or of a right to object to such processing

the existence of a right to lodge a complainant with a supervisory authority

if data is not collected from the data subject: all available information regarding the origin of the data

the existence of automated decision-making, including profiling pursuant to art. 22 (1) and (4) GDPR and – at least in these cases – meaningful information on the logic involved as well as the scope and intended effects of such processing for the data subject.

The data subject also has the right to know whether personal data has been transferred to a third country or to an international organisation. In this case, the data subject also has the right to obtain information regarding appropriate safeguards in conjunction with the transfer.

A data subject wishing to exercise this right of confirmation can contact our data protection officer or another employee of the controller at any time.

Any person concerned by the processing of personal data has the right, granted by the European Regulator, to request the rectification without delay of inaccurate personal data concerning him. Furthermore, the data subject has the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, also by means of a supplementary statement.

A data subject wishing to exercise this right of rectification can contact our data protection officer or another employee of the controller at any time.

Any person affected by the processing of personal data has the right, granted by the European Regulator, to demand that the controller erase without delay personal data concerning such data subject if one of the following conditions applies and to the extent that the processing is not necessary:

The personal data was collected for such purposes or processed in any other way for which it is no longer needed.

The data subject withdraws his consent on which the processing was based pursuant to art. 6 (1) (a) GDPR or art. 9 (2) (a) GDPR and there is no other legal basis for the processing.

The data subject objects to the processing pursuant to art. 21 (1) GDPR and there are no overriding legitimate reasons for the processing or the data subject objects to the processing pursuant to art. 21 (2) GDPR.

Personal data was processed unlawfully.

The erasure of personal data is necessary in order to fulfil a legal obligation under Union law or the law of the Member States applicable to the controller.

The personal data was collected in relation to services offered by the information society pursuant to art. 8 (1) GDPR.

If one of the above reasons applies and a data subject demands erasure of personal data stored at FUN HOLIDAY CHARTER SL, he can contact our controller at any time. The controller of FUN HOLIDAY CHARTER SL or another employee will arrange for the request for erasure to be complied with immediately.

If the personal data was made public by FUN HOLIDAY CHARTER SL and if our company in its capacity as controller is obliged to erase the personal data pursuant to art. 17 (1) GDPR, FUN HOLIDAY CHARTER SL will take reasonable measures, including technical measures, to inform other controllers who process the published personal data that the data subject has requested these other controllers to erase all links to such personal data or copies or replications of such personal data, in as far as the processing is not required, taking into account the available technology and implementation costs. The controller at FUN HOLIDAY CHARTER SL or another employee will take the necessary steps in individual cases.

Any data subject affected by the processing of personal data has the right, granted by the European Regulator, to request the controller to limit the processing if one of the following conditions is met:

The accuracy of the personal data is contested by the data subject for a period of time which enables the controller to verify the accuracy of the personal data.

The processing is unlawful; the data subject refuses erasure of the personal data and instead requests the restriction of the use of the personal data.

The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal claims.

The data subject has lodged an objection against the processing pursuant to art.  21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.

If one of the above preconditions is fulfilled and a data subject wishes to demand restriction of personal data stored at FUN HOLIDAY CHARTER SL, he can contact our controller or another employee in charge of processing at any time. The controller at FUN HOLIDAY CHARTER SL or another employee will initiate the restriction of processing.

Any data subject involved in the processing of personal data has the right, granted by the European Regulator, to obtain personal data concerning him which was provided by the data subject to a controller in a structured, commonly used and machine-readable format. The data subject also has the right to transfer such data to another controller without being hindered by the controller to whom the personal data was provided, on condition that the processing is based on consent pursuant to art. 6 (1) (a) GDPR or art.  9 (2) (a) GDPR or on a contract pursuant to art. 6 (1) (b) GDPR and that the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to the controller.

Furthermore, when exercising his right to data transferability pursuant to art. 20 (1) GDPR, the data subject has the right to request that the personal data be transferred directly from one controller to another controller in as far as this is technically feasible and in as far as this does not impair the rights and freedoms of other persons.

In order to assert the right to data transferability, the data subject may at any time contact the controller at FUN HOLIDAY CHARTER SL or another employee.

Any person affected by the processing of personal data has the right, granted by the European Regulator, to object at any time, on grounds relating to his particular situation, to the processing of personal data concerning him carried out pursuant to art. 6 (1) (e) or (f) GDPR. This also applies to profiling based on these provisions.

FUN HOLIDAY CHARTER SL will then no longer process the personal data in the event of an objection unless we can show compelling legitimate reasons for the processing which outweigh the interests, rights and freedoms of the data subject or if the processing serves to establish, exercise or defend legal claims.

If FUN HOLIDAY CHARTER SL processes personal data for the purpose of direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling in so far as it is related to such direct marketing. If the data subject objects to the processing by FUN HOLIDAY CHARTER SL for direct marketing purposes, FUN HOLIDAY CHARTER SL will no longer process the personal data for these purposes.

Furthermore, the data subject has the right to object to the processing of personal data relating to him by FUN HOLIDAY CHARTER SL for scientific, historical research or statistical purposes pursuant to art. 89 (1) GDPR for reasons relating to his particular situation, unless such processing is necessary for the performance of a task in the public interest.

In order to exercise the right of objection, the data subject may directly contact the controller at FUN HOLIDAY CHARTER SL or another employee. The data subject is also free to exercise his right of objection in conjunction with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

Any data subject affected by the processing of personal data has the right, granted by the European Regulator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or significantly affects him in a similar manner, provided that the decision

  1. is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
  2. is authorised by legislation of the Union or of the Member States to which the controller is subject and which contains adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or
  3. is made with the express consent of the data subject.

If the decision

  1. is necessary for the conclusion or performance of a contract between the data subject and the controller, or
  2. is made with the express consent of the data subject, FUN HOLIDAY CHARTER SL will take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to have a person intervene on behalf of the controller, of stating his views and of contesting the decision.

A data subject wishing to assert rights with regard to automated decisions can contact our data protection officer or another employee of the controller at any time.

Any person concerned by the processing of personal data has the right, granted by the European Regulator, to withdraw at any time his consent to the processing of personal data.

A data subject wishing to exercise his right of withdrawal of consent can contact our data protection officer or another employee of the controller at any time.

9. Legal basis of the processing

Art. 6 (1) (a) GDPR serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the rendering of other services or consideration, the processing is based on art. 6 (1) (b) GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation, which requires the processing of personal data, for instance, in order to fulfil tax obligations, the processing is based on art. 6 (1) (c) GDPR. In rare cases, the processing of personal data can become necessary in order to protect vital interests of the data subject or of another natural person. This is the case, for example, if a visitor to our premises was injured and his name, age, health insurance data or other vital information would have to be passed on to a physician, hospital or other third party. The processing would then be based on art. 6 (1) (d) GDPR. Ultimately, processing operations could be based on art. 6 (1) (f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests as well as fundamental rights and freedoms of the data subject do not override. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator which in this respect held that a legitimate interest could be assumed if the data subject is a client of the controller (recital 47 2nd sentence GDPR).

10. Legitimate interests in the processing pursued by the controller or by a third party

If the processing of personal data is based on art. 6 (1) (f) GDPR, our legitimate interest is to carry out our business activities for the benefit of all our employees and shareholders.

11. The controller and/or your contact person

If you have any questions regarding the collection, processing or use of your personal data, for information, rectification, blocking or erasure of data as well as for the withdrawal of any consent given or objections to a specific use of data, please contact us directly:

FUN HOLIDAY CHARTER SL
C/San Jaime 82, 2-°
07840 Santa Eulalia del Rio
T +34 (626) 144 704 (Spanish)
T +49 (171) 824 84 72 (German)
info@funholidaycharter.com

www.funholidaycharter.com

Administrador for Único: Hubertus Hiller

VAT No.: B16507972

Reg. Merc. de Baleares Inscrip. 1a, Hoja IB-14476, Folio 155, Tomo 315

Date revised last: May 2018