I. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of the current legislation, Restaurante Elevador (hereinafter also referred to as the Website) commits to adopting the necessary technical and organisational measures, according to the security level appropriate to the risk of the data collected.

Laws incorporated in this privacy policy

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

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

Identity of the party responsible for the processing of personal data

The party responsible for the processing of personal data collected at Restaurante Elevador is: HOPREVIP, S.L., with NIF/CIF: B82978172 and registered in the Madrid commercial register (Spain). Their contact details are as follows:

Address: R. dos Correeiros 205, 1100-170 Lisbon, Portugal

Contact phone number: +351 210 499 000

Contact email: elevador@hotelsantajustalisboa.com

Register of Personal Data Processing

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Restaurante Elevador through the forms on its pages will be incorporated into and processed in our file in order to facilitate, expedite, and fulfil the commitments established between Restaurante Elevador and the User or to maintain the relationship established through the forms completed by the User, or to respond to a request or inquiry from the User. Likewise, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided for in Article 30.5 of the GDPR applies, a record of processing activities is maintained, specifying, according to their purposes, the processing activities carried out and other circumstances established in the GDPR.

Principles applicable to the processing of personal data

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

• Principle of lawfulness, fairness, and transparency: the User’s consent will be required at all times, following fully transparent information about the purposes for which the personal data are collected.
• Principle of purpose limitation: personal data shall be collected for specific, explicit, and legitimate purposes.
• Principle of data minimisation: the personal data collected shall be only those strictly necessary in relation to the purposes for which they are processed.
• Principle of accuracy: personal data must be accurate and kept up to date at all times.
• Principle of storage limitation: personal data shall only be kept in a form that permits the identification of the User for as long as necessary for the purposes of the processing.
• Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures their security and confidentiality.
• Principle of accountability: the Data Controller shall be responsible for ensuring that the foregoing principles are complied with.

Categories of personal data

The categories of data processed at Restaurante Elevador are solely identification data. Under no circumstances are special categories of personal data processed as defined in Article 9 of the GDPR.

The categories of data processed at Restaurante Elevador include both identification data and special categories of personal data as defined in Article 9 of the GDPR.

Special categories of personal data are understood as those revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data aimed at uniquely identifying a natural person, data concerning health, or data relating to the sex life or sexual orientation of a natural person.

For the processing of special categories of personal data, the explicit consent of the User will be required in all cases for one or more specific purposes.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Restaurante Elevador commits to obtaining the User’s express and verifiable consent for the processing of their personal data for one or more specific purposes.

The User shall have the right to withdraw their consent at any time. It shall be as easy to withdraw consent as to give it. As a general rule, the withdrawal of consent shall not affect the use of the Website.

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

Purposes of the processing to which personal data are allocated

Personal data are collected and managed by Restaurante Elevador with the purpose of facilitating, expediting, and fulfilling the commitments established between the Website and the User, or maintaining the relationship established through the forms completed by the User, or to respond to a request or inquiry.

Likewise, the data may be used for commercial purposes including personalisation, operational and statistical purposes, and activities inherent to the corporate purpose of Restaurante Elevador, as well as for data extraction, storage, and marketing studies to tailor the Content offered to the User, and to improve the quality, functionality, and navigation of the Website.

At the moment personal data is obtained, the User will be informed about the specific purpose(s) of the processing to which the personal data will be allocated; that is, about the use or uses that will be given to the information collected.

Retention periods of personal data

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 12 months, or until the User requests their deletion.

At the moment personal data is obtained, the User will be informed about the period during which the personal data will be retained or, when this is not possible, the criteria used to determine that period.

Recipients of personal data

The User’s personal data will not be shared with third parties.

In any case, at the moment personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.

Los datos personales del Usuario serán compartidos con los siguientes destinatarios o categorías de destinatarios:

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In the event that the Data Controller intends to transfer personal data to a third country or international organisation, at the moment personal data is obtained, the User will be informed about the third country or international organisation to which the data transfer is intended, as well as the existence or absence of an adequacy decision by the Commission.

Personal data of minors

In compliance with the provisions of Articles 8 of the GDPR and 7 of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights, only persons over 14 years old may lawfully give their consent for the processing of their personal data by Restaurante Elevador. If the individual is under 14 years old, parental or guardian consent will be required for the processing, and such processing will only be considered lawful to the extent that consent has been given by them.

Confidentiality and security of personal data

Restaurante Elevador commits to adopting the necessary technical and organisational measures, according to the security level appropriate to the risk of the data collected, in order to guarantee the security of personal data and to prevent the accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access to personal data transmitted, stored, or otherwise processed.

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

However, since Restaurante Elevador cannot guarantee the impenetrability of the internet nor the total absence of hackers or others who fraudulently access personal data, the Data Controller commits to informing the User without undue delay when a personal data security breach occurs that is likely to result in a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a personal data security breach is understood as any breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access to personal data transmitted, stored, or otherwise processed.

Personal data will be treated as confidential by the Data Controller, who commits to informing and ensuring, through a legal or contractual obligation, that such confidentiality is respected by its employees, associates, and any person to whom the information is made accessible.

Rights arising from the processing of personal data

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

• Right of access: It is the User’s right to obtain confirmation as to whether Restaurante Elevador is processing their personal data and, if so, to receive information about their specific personal data and the processing carried out or being carried out by Restaurante Elevador, including, among other things, information available on the origin of such data and the recipients of any communications made or intended to be made with those data.
• Right of rectification: It is the User’s right to have their personal data that are inaccurate or, considering the purposes of the processing, incomplete, corrected or completed.
• Right to erasure (“the right to be forgotten”): It is the User’s right, provided that current legislation does not establish otherwise, to obtain the erasure of their personal data when such data are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis; the User objects to the processing and there is no other legitimate reason to continue; the personal data have been unlawfully processed; the personal data must be erased to comply with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years old. In addition to erasing the data, the Data Controller shall, taking into account available technology and implementation costs, take reasonable measures to inform controllers processing the personal data about the User’s request to erase any links to, or copies or replication of, those personal data.
• Right to restriction of processing: It is the User’s right to restrict the processing of their personal data. The User has the right to obtain restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User requires them to make claims; and when the User has objected to the processing.
• Right to data portability: In cases where processing is carried out by automated means, the User shall have the right to receive their personal data from the Data Controller in a structured, commonly used, and machine-readable format, and to transmit them to another data controller. Whenever technically feasible, the Data Controller shall transmit the data directly to that other controller.
• Right to object: It is the User’s right that the processing of their personal data is not carried out or ceases by Restaurante Elevador.
• Right not to be subject to a decision based solely on automated processing, including profiling: It is the User’s right not to be subject to an individual decision based solely on the automated processing of their personal data, including profiling, except where current legislation provides otherwise.

Therefore, the User may exercise their rights by written communication addressed to the Data Controller with the reference “RGPD-restauranteelevador.pt“, specifying:

• Name and surname of the User and a copy of their ID. In cases where representation is allowed, identification by the same means of the person representing the User will also be necessary, as well as the document accrediting the representation. The photocopy of the ID may be replaced by any other legally valid means that proves identity.
• Request specifying the specific reasons for the application or the information to which access is sought.
• Address for notification purposes.
• Date and signature of the applicant.
• Any document that supports the request being made.

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

Postal address: R. dos Correeiros 205, 1100-170 Lisbon, Portugal

Email address: elevador@hotelsantajustalisboa.com

Links to third-party websites

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

Complaints to the supervisory authority

If the User considers that there is a problem or violation of the current regulations regarding the processing of their personal data, they shall have the right to effective judicial protection and to file a complaint with a supervisory authority, particularly in the State where they have their habitual residence, place of work, or where the alleged infringement occurred. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary that the User has read and agrees with the conditions regarding the protection of personal data contained in this Privacy Policy, as well as accepts the processing of their personal data so that the Data Controller can proceed accordingly, within the timeframes and for the purposes indicated. Use of the Website will imply acceptance of its Privacy Policy.

Restaurante Elevador reserves the right to modify its Privacy Policy according to its own criteria, or due to legislative, jurisprudential, or doctrinal changes from the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is advised to consult this page periodically to stay informed of the latest changes or updates.

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