LEGAL WARNING

The company has the right to modify unilaterally, anytime, and without previous notice these conditions. In that case, the new modifications will be published and announced in advance as much as possible. In any case, they have to change the web and its configuration unilaterally, anytime, and without previous notice.

This Legal notice is only valid for the website and its contents owned by the company, and are not applicable to third parties’ hyperlinks or websites accessible through the webpage. The company is not responsible for the content of any of the linked webpages, nor for any link included within a webpage accessible through the company’s website.

The content of this webpage is exclusively owned by the company, and, for expository purposes, not limitative, the graphic design, source code, logos, texts, graphics, illustrations, photographs, and any other element that appears in the webpage. Likewise, any trade name, brands or distinctive signatures of any sort contained in the website are protected by the intellectual and industrial property law. It is the company who has the rights to exert their exploitation rights of such intellectual property, in any deemed way, and, especially, the rights of reproduction, distribution, and public communication. User is expressly forbidden from using without explicit consent any intellectual or industrial property from the website, not even partially, and/or their contents.

The company has the right to pursue legal action against any user that reproduces, distributes, commercializes, transforms, and, in general, any other sort of exploitation in any way, of all or part of the website contents that constitutes an infraction of their Intellectual and Industrial property rights.

For these general conditions and terms, and for any required communication between the company and the user, the latter will contact the company sending an e-mail to . The communications of the company to the user will be done with the data given by the latter in the process of registration in the webpage reservations.memoriesresorts.com. The user expressly accepts the company’s e-mails as a valid procedure to communicate with them as long as is a communication regarding the webpage use and/or the provision of services offered there.

The following terms are governed by the Spanish legislation, which will be applicable in anything not stated in this contract as a way of interpretation, validity, and execution. Both parts renounce expressly to any other jurisdiction and submit expressly to the Juries and Tribunals of to solve any controversy that may happen in the interpretation or execution of these contractual conditions.

Privacy Statement

Memories Resorts (Memories”, “we” or “us”) are committed to protecting your privacy, and support a general policy of openness about how we collect, use and disclose your Personal Information (as defined below).  The purpose of this Privacy Policy is to inform you about Memories’ practices relating to the collection, use and disclosure of Personal Information that may be provided through access to or use of our websites, services or products or that may otherwise be collected by us.  

This Privacy Policy also explains how you can contact us if you have a question about, want to access, make a change to, object to the processing of or delete any Personal Information that Memories may be holding about you.  As one of our guests or someone else with whom we do business, you understand and agree that we collect, use and disclose your Personal Information in accordance with this Privacy Policy.

While this Privacy Policy is intended to describe the broadest range of our Personal Information processing activities globally, those processing activities may be more limited in some jurisdictions based on the restrictions of their laws. For example, the laws of a particular country may limit the types of Personal Information we can collect or the manner in which we process that Personal Information. In those instances, we adjust our internal policies and/or practices to reflect the requirements of local law.

What Personal Information We Collect 

For the purpose of this Privacy Policy, “Personal Information” means information about you that is personally identifiable as defined in accordance with applicable law.  The types of personal information that we may collect and process (which may vary by jurisdiction based on applicable law) include, but not limited to:

·         your name and surname, gender, personal and work contact details (such as address, telephone number, e-mail address, ) business title, date and place of birth, image, nationality, and passport and visa information;

·         guest stay information, including the hotels where you have stayed, dates of arrival and departure, goods and services utilized, special requests made, observations about your service preferences (including room and vacation preferences), telephone numbers dialed and faxes, texts and telephone messages received;

·         your credit card or debit card details or other means of payment accepted by Memories;

·         any information necessary to fulfil special requests (i.e. health conditions that require specific accommodation or services);

·         information, feedback or content you provide regarding your marketing preferences, in surveys, contests, or promotional offers, or to our websites and those of third parties that have a commercial relationship with Memories;

·         information collected while at a Memorieshotel through the use of closed circuit television systems, internet systems (including wireless networks that collect data about your computer, smart or mobile device, or your location), card key and other security and technology systems; 

·         images and audio of you captured by surveillance cameras throughout the Memories hotels for security purposes; and

·         information collected while you access a Memories website (we describe this in more detail in Section 9 below).

We may collect data that is sensitive such as ethnic background or origin, religion, past and current health, and will seek your consent under applicable law. This sensitive data will be treated accordingly. 

The Personal Information we process is information that you or someone acting on your behalf knowingly provides to us or information that we receive from a third party. In case of Personal Information belonging to minors or mentally incapables under applicable law, we will seek consent of parents, legal guardians or legal representatives, as appropriate. Parents, legal guardians or legal representatives shall exercise data protection rights on behalf of such minors or mentally incapable people. 

This Privacy Policy also applies to the Personal Information about you that we receive from a third party, unless specifically covered by such third party’s privacy policy.

How We Use Your Personal Information

·         Subject to applicable laws, we may collect, use and disclose your personal information in order to:

·         register, confirm, provide and charge for hotel accommodation, services and products charged to your room and other goods and services requested by you, including those services requested to third parties with a commercial relationship with Memories;

·         provide you with a better or more personalized level of service, including information and services from a third party (such as additional guest services at Memorieshotels, local attractions, excursions and transportation options);

·         respond to requests for information and services, including services from a third party (such as transportation providers and providers of excursions);

·         fulfil contractual obligations to you, anyone involved in the process of making your travel arrangements (i.e. tour operators, travel agents, group travel organizers or your employer) and vendors (i.e. credit card companies, airline operators, excursion providers);

·         provide for the safety and security of staff, guests and other visitors;

·         administer general record keeping;

·         meet legal and regulatory requirements;

·         advise you about new products and services that may be of interest to you, subject to your consent in accordance with applicable laws (may be considered as secondary or non-necessary purpose);

·         communicate about, and administer your participation in, special events, programs, surveys, contests and other offers or promotions, subject to your consent in accordance with applicable laws (may be considered as secondary non-necessary purpose);

·         develop and maintain our relationship with you and communicate with you;

·         bill you for our products and services and collect outstanding debts;  and

·         perform data analyses and conduct other research (such as market and consumer research and trend analysis) to develop, manage, protect and improve our products and services, website, and business (including analyzing the effectiveness of our marketing, sales and advertising) (may be considered as secondary non-necessary purpose). 

When We Disclose Your Personal Information

Except with your consent, we will not transfer or assign in any form your Personal Information to or with third parties.  From time to time, we may disclose your Personal Information as set out below. We would always make that disclosure in accordance with applicable law. In some jurisdictions, data privacy laws may require us to obtain your consent before we transfer your information from your originating country to other countries. When you agree to this Privacy Policy, you are, to the extent required and permitted under your local law, granting your consent to the transfer of your Personal Information to such other countries for the purposes set out in this Privacy Policy and to the extent stated in this section and as described in Section 3 above.  Circumstances where we might make such disclosure (in addition to those described in Section 3 above) include:

Our affiliates and subsidiaries 
Memories may disclose and you authorize Memories to disclose your Personal Information with its affiliates and subsidiaries. 

Our Agents, Service Providers and Suppliers
Memories may share and you authorize Memories to share your Personal Information with third parties engaged to assist Memories in providing services to you or to carry out one or more of the purposes described above. These third parties are prohibited from using your Personal Information for any purpose other than to provide this assistance and we oblige those third parties to protect your Personal Information in accordance with the terms and conditions of this Policy, with appropriate security measures.  These third parties may not process or otherwise use your Personal Information, except in accordance with Memories' Privacy Policy and in accordance with applicable law.

Legal Requirements
Memories reserves the right to disclose Personal Information to a third party if a law, regulation, search warrant, subpoena or court order legally requires or authorizes us to do so, or in the context of discovery procedures or if we determine it is necessary or desirable to comply with the law or to protect or defend our rights or property in accordance with applicable laws. We also reserve the right to retain Personal Information collected and to process such Personal Information to comply with accounting and tax rules and regulations and any specific record retention laws.

Business Transfers
Memories reserves the right to disclose and/or transfer Personal Information to a third party in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of Memories or of any of the business or assets or shares of Memories or a division thereof in order for you to continue to receive the same products and services from the third party in accordance with applicable law and you consent to such disclosure and/or transfer.

Consent and Your Rights to Access Data

Memories collects Personal Information about you only when you voluntarily provide it.  You may always choose what Personal Information (if any) you wish to provide to us. However, if you choose not to provide certain details, some of your experiences with us may be affected (for example, we cannot take a reservation without a name).

We will seek consent for the use or disclosure of your Personal Information at the time of collection.  Subject to applicable laws, you have the right to access, correct or request the deletion of your Personal Information at any time.  In certain circumstances, you may have the right to object to the processing of your Personal Information. In such case, please contact our Privacy Officer as described below under “Contacting Us”.

You also have the right to withdraw your consent at any time, subject to legal restrictions and where applicable reasonable notice is required.   If you wish to withdraw your consent, please contact our Privacy Officer as described below under “Contacting Us”.

We will not, as a condition of the supply of a product or service, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes for which the information is being provided.

Use or Disclosure for Marketing Purposes

Your Personal Information will be used for the purposes described in this Privacy Policy. Many of the purposes described in this Privacy Policy are necessary for the existence, maintenance or fulfilment of the relationship between you and Memories. We also use your Personal Information for purposes that may not necessary for the existence, maintenance or enforcement of your relationship with Memories. These non-necessary purposes include sending you promotional materials, customizing your visits to our sites and social media channels, delivering content tailored to your interests, and participating in interest-based advertising. 

If you have subscribed to receive Memories promotional and marketing emails, we may also use (but will not disclose) your Personal Information to send you relevant information by email based on your subscription preferences.  We may also disclose your Personal Information to our affiliates so that they can send you promotional materials directly by email.

You may unsubscribe at any time by clicking the unsubscribe link imbedded at the bottom of Memories’ email communications.  Note, however, that clients of Memories will continue to receive periodic emails that relate to their business relationship with us.

If you believe that any of the purposes of use described above do not originate from or are not necessary for your relationship with Memories or if you choose not to allow us to use your Personal Information for marketing purposes, you may request that we not process your Personal Information for those purposes by contacting us as outlined below (see “Contacting Us”).

How We Protect Your Personal Information

Memories makes commercially reasonable efforts to ensure that Personal Information collected from you is protected against loss, theft and unauthorized access, disclosure, copying, use, or modification.  This protection applies in relation to information stored in both electronic and hard copy form.  Access to your Personal Information is restricted to selected employees or representatives.  In addition, Memories employs generally accepted information security techniques, such as firewalls, access control procedures and cryptography, to protect Personal Information against loss and unauthorized access.

Retention and Storage of Your Personal Information

AIM: in we treat the information that clients procure for the Purchase/Procurement of services and or products through the website. Management of the information and commercial prospection. In order to offer you services according to your interests, we will prepare a commercial profile. There will be no automatic decisions regarding such profile. The procured personal data will be kept while the professional relationship between both parties is still active and the interested party does not want them to be suppressed within a time lapse of 5 years after the last procurement and/or professional service done by you.

LEGITIMATION: the legal basis for your personal data treatment is the execution of a contract through a Professional Service file and/or a service lease, as stated in the Commerce code and the Civil Code. There is an obligation of invoicing as stated in the Commerce code, General Tax Law, Corporate Tax Law and Personal Income Tax, as well as the Information Society Services’ Law 34/2002 articles 20 and 21. The prospective offer of products and services is based on the consent that is asked to you without it meaning that retiring it affects the contract of purchase/procurement of services there is an obligation to procure personal data. Otherwise, neither the Purchase/Procurement of services and or products through the website nor the Management of the information and commercial prospection cannot be procured/purchased.

RECIPIENTS: we will not assign personal data to third parties unless there is a legal obligation. There will be no decisions regarding suitability, guarantees, binding corporate rules or other applicable specific situations.

RIGHTS: Any person has the right to have confirmed whether in we are dealing with relevant personal data for themselves or not. Involved people have the right to Access their own personal data, and to ask for its amendment of inaccurate data, as well as to ask for its removal when, among other reasons, these data is not needed for the objectives it was collected. In certain cases, applicants may ask for a limitation regarding our treatment of their data, in which case we will only save them to claim or defend ourselves from claimants. You have the right to claim to the Control Authority: Agencia Española de Protección Datos. WWW.AGPD.ES; SOURCE: THE SOLICITOR.

1.2. The client expressly accepts that any data obtained while using the website, or which has been provided through filling out any forms that are contained therein, as well as any data resulting from any possible commercial relationship, may be included in an automated personal data file of the type described in section 1.1. During the process of data collection and on all pages of this website where personal data is asked for, the client will be informed with the help of a hyperlink or an explicit mention in the form itself about the compulsory or optional character of the recollection of such data. Every client that decides to register on the website of our company will be asked for those data that are necessary to fulfil the purposes of this company, which are service providing and/or selling of offered products in the website.

1.3. With respect to the data collected in the manner provided in the preceding paragraph, the client may exercise his rights according to the articles 15-21 of the Ruleset (UE) 2016/679, and in particular their right to access, rectify, cancel and object to such data, as well as treatment limitation data portability and automatized individual decisions. Likewise, he may withdraw his consent for the transfer of the collected data or the treatment of these data for any of the uses described above. Any client may exercise his rights referred to in the previous paragraph with the help of a cancellation request form that has to be requested from us by e-mail. The written and signed form together with a copy of the client’s identity document shall be sent by postal mail to the following address: company: with corporate address in (), , , attaching, in any case, the client’s ID card photocopy.

1.4. Automatized treatment with which your data will be collected as a consequence of queries, using, hiring or buying any product, as well as of any transaction or operation done in this webpage has as a main end the management of the contractual relationship with the owner of this website.

1.5. You authorize the reception of promotional information about our services and products. Your personal data will be used for the sole purpose of sending the promotional information by traditional or electronic means. In the case of the electronic e-mail addresses or the website contact form, the data that you provide to us per e-mail or through the form will be used exclusively to respond to the queries that you convey to us by these means. We will apply what is stated in articles 22.1 and 22.2 of Law 34/2002, of July 11th, of information society services and e-commerce that is modified by article 4 of the royal decree 13/2012 regarding the usage and treatment of personal data in terms of advertising.

1.6. The entity guarantees the confidentiality of the personal data. Notwithstanding this, the entity will submit to the competent public authorities any personal data or other information in its possession or accessible through its systems which may be required in compliance with legal provisions and regulations applicable to the case. Even after the relationship established through the website has terminated, personal data may be kept in the files owned by exclusively for the purposes indicated above and, in any case, within the legally established time limits for putting the collected personal data at the disposal of the administrative or judicial authorities.