Política de Privacidad
Introduction

Club Marbella respects your privacy and is committed to protecting your personal data. This privacy notice will inform you about how we use and look after your personal data when you visit our website and when we provide our services to you, regardless of where you visit from, and tell you about your privacy rights and how the law protects you. This privacy notice is provided in a layered format, so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
10. GLOSSARY

I. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how Club Marbella collects and processes your personal data through all your engagements with us, when using our services, and use of this website, including any data you may provide when you sign up to our services, our newsletters or request information about other services from Club Marbella. This website is not intended for children and we do not knowingly collect data relating to children. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

Club Marbella is the controller and responsible for your personal data (collectively referred to as «Club Marbella», «Club Marbella Club», «we», «us» or «our», in this privacy notice). Club Marbella Management S.L.U., Vacation Care International Ltd and Levellight Ltd are data processors for Club Marbella. We have appointed a Data Protection Lead who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights (including an opt-out mentioned in this privacy notice), please contact the Data Protection Lead using the details set out below.

Contact details

Data Protection Lead

• Email address: lopd@crownresorts.com
• Postal address: Club Marbella Committee, C/O Vacation Care International Ltd, Suites 104/108 Parkway House, Sheen Lane, London, SW14 8LS. UK.
• www.crownresorts.com

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 25th August 2018 and previous versions can be obtained by contacting us. The data protection law in the UK changed on 25 May 2019. This privacy notice sets out your rights under the new laws. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

II. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes – first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes – billing address, correspondence address, email address and telephone numbers.
• Financial Data includes – bank account and payment card details.
• Transaction Data includes – details about payments to and from you and other details of services you have purchased from us.
• Technical Data includes – internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website, App (and our services).
• Profile Data includes – your username and password, services purchased by you, country, nationality, occupation, your interests, preferences, feedback.
• Usage Data includes – information about how you use our website, services.
• Social Media Data includes: Facebook, Twitter, Instagram, LinkedIn etc.
• Marketing and Communications Data – includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). If you provide us with information about your health, for example, or a disability so we can allocate you to a suitable apartment, we will only use the information with your specific consent.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with rental services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.

III. How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms, updating your membership details, agreements or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you
  • Apply for our services;
  • Enter into an agreement with us;
  • Subscribe to our service or publications;
  • Request property details to be sent to you;
  • Give us some feedback.
• Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy [LINK] for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

1. Analytics providers such as Google based outside the EU;
2. Credit and reference checking agencies
3. Property and holiday agent networks
4. Identity and Contact Data from publicly availably sources such as the Electoral Register based inside the EU.

What information do we collect?

Club Marbella Management S.L.U. is the company that manages the residential complex of Club Marbella. The information collected before or during your stay, is necessary to provide you with the services you have requested and that you have contracted with us or to comply with legal Spanish requirements.

When you make a booking with us, you must provide at least your contact details, your name, phone, e-mail, dates of stay, payment document or credit card.

When you arrive on the Resort, we must take a copy of your passport or identity document for the Guardia Civil, which is a legal requirement.

If you receive our Vacation Planner prior to your stay, you can purchase additional and complementary services. Here also you must give us your basic information and credit card number, so we are able to charge you for these services. The credit card number will be securely stored on the server of our website host, Marketing Publicidad. It will only be used to fulfil the requirements you request on the Vacation Planner and then will be deleted.

If you use our payment service via Wifi, your user details, the information of the devices from which you access the network, and the connection history, will be stored by the service provider, a requirement of the security regulations for a period of time established by law. This information remains stored confidentially during the period of time established by law and can only be transferred to law enforcement forces and authorised agencies.

In the Resorts there are cameras connected to a closed-circuit video, which serve to monitor and uphold the security of the complex and your own. These images are recorded in accordance with applicable law. The video recording is made by Club Marbella S.L.U. and only records images from the public areas of the resorts and no audio. This is for security purpose and we only view those images in case of an incident or if the state security forces (police) ask for those images. There are no cameras in any apartment. Those images are stored for no more than 14 days and are then deleted, unless there is legal or security reason, for example a police enquiry into a burglary.

It is possible that if you participate in a recreational event organised by us in our facilities, the animation and marketing team may take photographic images that can be used on our web site or in publications, etc. These images will only be used with your consent. We provide a consent form to gain your permission to take the photos. We will store the photo in a secure folder and use it only for publicity purposes. We do not change, edit or modify any personal image on the photo.

Vacation Care International Ltd provide membership and management charge collection services to Club Marbella. Levellight Ltd provide the facility to enable Club Marbella’ members to pay their management charges by direct debit.

IV. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract, we are about to enter into, or have entered into, with our clients, members, occupiers and exchangees.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.
• To inform you of relevant activities within the Club Marbella’ Club.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us (see Marketing [LINK] below).

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new client/member/occupier, or as an exchangee.	(a) Identity(b) Contact	Performance of a contract with you
To process your agreement including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us	(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Sending our newsletter, invite to an event, partake in a draw or take a survey	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests to keep our records updated and to study how clients, members, occupiers and exchangees use our services
To deliver relevant website content, and advertisements and information about potential available properties to you and measure or understand the effectiveness of the details we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	Necessary for our legitimate interests to study how clients, members, occupiers and exchangees use our services, to develop them, to grow our business and to inform our marketing strategy
To use data analytics to improve our website, services, marketing, for the benefit of clients, members, occupiers and exchangees	(a) Technical (b) Usage	Necessary for our legitimate interests to define types of Leaseholder/client/occupiers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy
To make suggestions and recommendations to you about properties or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	Necessary for our legitimate interests (to develop our services and grow our business)

Marketing We strive to provide you with choices regarding certain personal data uses, particularly around marketing, advertising and communications. You will receive marketing communications from us if you have requested information from us or entered into a contract for services from us or if you provided us with your details when you registered interest, and, in each case, you have not opted out of receiving that marketing.

Third-party marketing – We do share your details with the on-site membership marketing team within the resort. You can manage your preferences about what information you want to receive from us, see the opting out section. We will never sell your data to third parties.

Opting out You can ask us or third parties to stop sending you our newsletters, marketing communications or details of properties at any time by following the opt-out links on any marketing or communication message sent to you or by contacting us at any time -by emailing lopd@crownresorts.com, or writing to: Club Marbella’ Committee C/O Vacation Care International Ltd, Suites 104/108 Parkway House, Sheen Lane, London, SW14 8LS, UK.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of any contractual or legal relationship we have with you.

Cookies

We employ cookie technology to help log visitors to our web site. Cookies are pieces of data that are often created when you visit a website, and which are stored in the cookie directory of your computer or mobile device. A number of cookies may be created when you visit the Club Marbella’ website. The cookies do not contain any personal information about you, and they cannot be used to identify an individual user. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some of the enhanced features of this website may become inaccessible or not function properly.

Log files

When you visit this website we collect web statistics concerning your visit, which are stored in a log file. Log files allow us to record visitors’ use of the site. Log files are also used to detect potential harmful users which may be reported to the relevant authorities.

V. Disclosures of your personal data

We may have to share your personal data with relevant third parties for the operation of your contract with us, for example to enable us to provide maintenance and service facilities. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. We may disclose your personal data to a third party where required by it in connection with a potential or actual restructuring, acquisition, buy-out, consolidation or divestiture of all or part of the Club Marbella Club or its business, including any restructuring or transfer of our rights or duties under our agreement with you as a member. Such third party would be required to keep the data secure and to use it only for the purposes for which you provided it to us and as described in the third party’s privacy notice

VI. International transfers

We do not transfer your data outside the European Economic Area, apart from the use of MailChimp which is used to notify members of the AGM, annual maintenance fee and newsletters. Although MailChimp is a US product, adequate safeguards are in place in accordance with the GDPR, allowing us to use it to process personal data because the company has certified its adherence to the EU-US Privacy Shield Framework.

VII. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

VIII. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. By law we have to keep basic information about our Clients, Members, Occupiers and Exchanges (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being Clients, Members, Occupiers or Exchangees. In some circumstances you can ask us to delete your data. (see Request erasure [LINK] below). Please email lopd@crownresorts.comfor further information. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

IX. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see these within the glossary below (link) If you wish to exercise any of the rights set out above, please contact us (link) or by emailing lopd@crownresorts.com, or writing to: Club Marbella’ Committee C/O Vacation Care International Ltd, Suites 104/108 Parkway House, Sheen Lane, London, SW14 8LS, UK. No fee is usually required. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

X. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at: lopd@crownresorts.com. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

• Service providers based within the EU who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers based within the EU who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
• Spanish tax and regulatory requirements also apply for matters arising as a result of services and operations performed on the resorts.

YOUR LEGAL RIGHTS

You have the right to:

– Request access to your personal data (commonly known as a «data subject access request»). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

– Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

– Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

– Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

– Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

– Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

– Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.