1. IDENTIFICATION DETAILS

Corporate name: Hotel Miramar Barcelona S.A.
Trade name: HOTEL MIRAMAR
Tax ID (CIF): A62618780
Registered address: Plaza Carlos Ibáñez 3, 08038 Barcelona, Spain
Email: info@hotelmiramarbarcelona.com
Registered with the Barcelona Mercantile Registry, Volume 37459, Folio 23, Page B-23365.5, and registered with the Catalonia Tourism Registry under number Hb 004370.

2. PURPOSE

Through this Website, we offer Users the possibility of accessing information about our services.

3. PRIVACY AND DATA PROCESSING

Where access to certain content or services requires the provision of personal data, Users shall guarantee that such data is truthful, accurate, authentic and up to date. HOTEL MIRAMAR shall process such data automatically in accordance with its nature or purpose, under the terms set out in the Privacy Policy section.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all content displayed on www.hotelmiramarbarcelona.com, and in particular designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use, are subject to Intellectual Property rights. All trademarks, trade names or distinctive signs, as well as all industrial and intellectual property rights over the contents and/or any other elements inserted on the website, are the exclusive property of HOTEL MIRAMAR and/or third parties, who have the exclusive right to use them in economic transactions.

Accordingly, the User undertakes not to reproduce, copy, distribute, make available, publicly communicate, transform or modify such content, holding HOTEL MIRAMAR harmless from any claim arising from breach of such obligations. Under no circumstances does access to www.hotelmiramarbarcelona.com imply any waiver, transfer, licence or total or partial assignment of such rights, unless expressly stated otherwise.

These General Conditions of Use do not grant Users any rights of use, alteration, exploitation, reproduction, distribution or public communication of www.hotelmiramarbarcelona.com and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for such purpose by HOTEL MIRAMAR or the third-party rights holder concerned.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this website, as well as the website itself as a multimedia artistic work, are protected by copyright legislation. HOTEL MIRAMAR owns the elements comprising the graphic design of the website, including menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content, or otherwise holds the corresponding authorisation for their use.

The content displayed on the website may not be reproduced in whole or in part, transmitted or recorded by any information retrieval system, in any form or by any means, unless prior written authorisation has been obtained from HOTEL MIRAMAR.

It is likewise prohibited to remove, circumvent and/or manipulate the copyright notice or technical protection devices, or any information mechanisms that may be contained in the content. The User undertakes to respect the aforementioned rights and to refrain from any action that may harm them. HOTEL MIRAMAR reserves the right to exercise any legal remedies available in defence of its legitimate intellectual and industrial property rights.

5. USER OBLIGATIONS AND RESPONSIBILITIES

The User undertakes to:

a) Make appropriate and lawful use of the website and its contents and services, in accordance with:

• Applicable legislation at any given time;

• These General Conditions of Use;

• Generally accepted morality and good customs;

• Public order.

b) Provide all technical means and requirements necessary to access the website.

c) Provide truthful information when completing forms containing personal data and keep such information updated at all times so that it reflects the User’s real situation. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to HOTEL MIRAMAR or third parties as a result of the information provided.

The User must also refrain from:

• Making unauthorised or fraudulent use of the website and/or its contents for unlawful purposes.

• Accessing or attempting to access restricted areas without meeting the required conditions.

• Causing damage to the physical or logical systems of HOTEL MIRAMAR, its suppliers or third parties.

• Introducing or spreading computer viruses or any other systems capable of causing damage.

• Attempting to access, use or manipulate data belonging to HOTEL MIRAMAR, third parties or other Users.

• Reproducing, copying, distributing or modifying content without authorisation.

• Removing or manipulating intellectual or industrial property notices.

• Obtaining content through unauthorised means or procedures.

Where a password is provided to access certain services, the User undertakes to use it diligently and keep it confidential. The User shall be responsible for its proper custody and shall notify HOTEL MIRAMAR immediately of any unauthorised use. Until such notification is made, HOTEL MIRAMAR shall be exempt from liability arising from improper use of the password.

Any negligent or wilful breach of these obligations shall make the User liable for any damages arising therefrom.

6. LIABILITY

Continuous access,

correct display, download or usefulness of the website elements is not guaranteed, as these may be hindered by factors beyond HOTEL MIRAMAR’s control. HOTEL MIRAMAR shall not be responsible for decisions taken based on the information provided.

The service may be interrupted or the relationship with the User terminated immediately if misuse is detected. HOTEL MIRAMAR shall not be liable for damages arising from use of the website.

In particular, it shall not be liable for damages arising from:

1. Interference, interruptions or breakdowns in telecommunications networks.

2. Unlawful intrusions through malicious software such as viruses.

3. Improper or inappropriate use of the website.

4. Security or browsing errors due to browser malfunction or outdated versions.

HOTEL MIRAMAR excludes liability for damages arising from misuse of freely accessible services and for information received via data collection forms. The User shall indemnify HOTEL MIRAMAR against any third-party claims arising from their use of the website, including use of automated data extraction tools (“robots”, “spiders”, “crawlers”).

7. HYPERLINKS

The website may include links to third-party websites to facilitate access to partner or sponsor information. HOTEL MIRAMAR is not responsible for the content of such sites nor does it guarantee their services or information.

Users are granted a limited, revocable and non-exclusive right to create links to the homepage for private, non-commercial use, provided that such links do not misrepresent the relationship, include inappropriate content, or frame the website. HOTEL MIRAMAR may request removal of any link at any time.

8. DATA PROTECTION

To use certain services, the User must provide personal data. HOTEL MIRAMAR shall process such data in compliance with the GDPR, Spanish Data Protection Law and LSSI. Users may consult the Privacy Policy for full details regarding purposes and conditions of processing.

9. COOKIES

HOTEL MIRAMAR reserves the right to use cookies to recognise returning Users and personalise their browsing experience. Cookies are files sent to the browser to record navigation, subject to User consent.

Users may configure their browser to be notified of cookie reception or to prevent installation. Cookies may enable recognition of browser type, demographic profiles, traffic measurement and advertising preferences.

10. REPRESENTATIONS AND WARRANTIES

The contents and services provided on the website are for informational purposes only. No warranties are granted regarding legality, reliability, usefulness, truthfulness, accuracy or merchantability, except where such exclusions are not permitted by law.

11. FORCE MAJEURE

HOTEL MIRAMAR shall not be liable for failure to provide service due to prolonged power outages, telecommunications failures, social conflicts, strikes, rebellions, explosions, floods, governmental acts or omissions, or any other force majeure event.

12. DISPUTE RESOLUTION, APPLICABLE LAW AND JURISDICTION

These General Conditions of Use and the use of the website shall be governed by Spanish law. Any dispute shall be submitted to the Courts and Tribunals of the registered office of Hotel Miramar Barcelona S.A.

If any provision of these Conditions is deemed unenforceable or null, such invalidity shall not affect the remaining provisions. HOTEL MIRAMAR shall replace the invalid provision with one that most closely reflects its original intent and is legally valid.

IDENTITY AND CONTACT DETAILS OF THE DATA CONTROLLER

Data Controller: Hotel Miramar Barcelona S.A.
Tax ID (CIF): A62618780
Registered address: Plaza Carlos Ibáñez 3, 08038 Barcelona, Spain
Telephone: +34 932 811 600
Email: info@hotelmiramarbarcelona.com

FOR WHAT PURPOSE DO WE PROCESS YOUR DATA?

The data you provide to us through purchase forms, user registration forms, contact forms, webchat, email, as well as any data provided during your relationship with Hotel Miramar Barcelona S.A., may be used to contact you and to properly attend to, process and manage your enquiries, comments, incidents or suggestions.

Such data may also be used to manage your browsing experience on this website or for the exercise or defence of any type of claim.

If you use our online shop, whether by creating a user profile or as a guest, your data will be processed for the management of your order and the commercial relationship.

If you expressly consent to receiving commercial communications from Hotel Miramar, your data will be used to keep you informed, by electronic means or mobile devices, about information that may be of interest to you.

If you accept the terms and conditions for participating in any competition organised through www.hotelmiramarbarcelona.com, your data will be used to manage your participation.

The information provided may also be processed to create a profile in order to offer you information that may be of greater interest to you. We inform you that no automated decisions will be taken on the basis of such profiling.

WHAT IS THE LEGAL BASIS FOR PROCESSING YOUR DATA?

The processing of your data for:

• Use of the website is based on your acceptance of the purposes established in the Legal Notice of www.hotelmiramarbarcelona.com.

• Subscription to the newsletter, participation in competitions, management of the commercial relationship arising from purchases through the online shop, and the sending of commercial communications is based on your consent when providing your data at the time of subscription or registration.

Hotel Miramar Barcelona S.A., under its legitimate interest, may carry out processing strictly necessary for the internal administration of the website, statistical analysis of website visits and user behaviour.

RIGHT TO WITHDRAW CONSENT

You may withdraw your consent at any time for the processing of your data related to newsletter subscription, participation in competitions or the sending of commercial communications. In such case, we will cancel your subscription — and you will stop receiving newsletters and/or other commercial communications — or terminate your participation in the competition.

With regard to data used for order management or the commercial relationship arising from a purchase process, consent may be withdrawn once such relationship has ended.

TO WHOM WILL YOUR DATA BE DISCLOSED?

Hotel Miramar Barcelona S.A. will not disclose the data you have provided unless required by judicial authorities or Public Administration in the exercise of their legal powers.

If you expressly authorise us, we may share your data with other companies related to Hotel Miramar Barcelona S.A. for the purpose of informing you about offers that may be of interest to you.

Additionally, in certain cases and for the purpose of completing a purchase, your data may be shared with third parties necessarily involved in the process, such as logistics and parcel delivery companies.

HOW LONG WILL WE RETAIN YOUR DATA?

Your data will be retained for as long as necessary depending on the purpose for which it was provided or collected, without prejudice to your right to request erasure.

With regard to newsletter subscriptions or commercial communications, we will retain your data in our system until you request its deletion.

WHAT ARE YOUR RIGHTS?

You have the right to obtain confirmation as to whether we are processing personal data concerning you.

In relation to your personal data, you have the right to:

• Access your data;

• Request rectification or erasure;

• Request restriction of processing;

• Object to processing;

• Request data portability in a structured, commonly used and machine-readable format.

You may exercise these rights before Hotel Miramar Barcelona S.A. by writing to the address indicated above, attaching a copy of an official identification document, or by sending an email including a recognised electronic signature to info@hotelmiramarbarcelona.com, in order to verify your identity.

RIGHT TO LODGE A COMPLAINT WITH THE SUPERVISORY AUTHORITY

You have the right to lodge a complaint with the Spanish Data Protection Authority (Agencia Española de Protección de Datos), particularly if you are not satisfied with the response received regarding the exercise of your rights. For further details, please consult www.aepd.es.

CHANGES TO THIS DATA PROTECTION INFORMATION

We will review and update this Data Protection Information whenever necessary or when legislative changes occur or modifications are made to the procedures for processing your personal data.

If we have your email address or mobile phone number, we will notify you by email or SMS of any relevant changes. Where necessary, we will renew your consent so that you may confirm your agreement with such changes.