1.- Purpose of the Contract

Hotel Miramar (hereinafter the Provider), as a responsible entity for the website, provides this document to the Users, which regulates the use of the website http://hotelmiramarbarcelona.com, by which we intend to comply with the obligations set forth in the Law 34/2002 for Information Society and Electronic Commerce Services (LSSICE or LSSI), as well as informing all Users about the conditions of use of the website.

Through the Web, Hotel Miramar provides users with access to and use of different services and content made available through the web. Any person accessing this website assumes the role of User (hereinafter, the User), which consequently implies full and unreserved acceptance of each and every one of the provisions included in this legal notice, as well as any other legal provisions that are of application.

As a User, you have to carefully read this Legal Notice for all and any of the occasions that you access the web, as there may be modifications, being that the provider reserves the right to modify any type of information that may appear on the web without having to pre-warn or to inform users of these obligations, being only enough the mere publication on the website of the Provider.

2. CONDITIONS OF ACCESS AND USE OF THE WEB.

2.1. Free access and use of the web.

The provision of services by Hotel Miramar is free for all Users. However, some of the services rendered by the provider through the Web are subject to payment of a specific price through the general contracting conditions. You will have to consult these conditions in the link: GENERAL CONTRACTING CONDITIONS.

2.2. User registration.

In general, the rendering of the Services does not require prior subscription or registration of Users. Even so, Hotel Miramar conditions the use of some of the services only if the User has previously filled out the corresponding User registration form. Such registration shall be completed in the manner that is expressly indicated in the service section itself.

2.3. Accuracy and truthfulness of the information.

All the information provided by the User must be accurate and truthful. For these purposes, the User guarantees the authenticity of the data provided through the forms for the subscription of the Services. The User is responsible to keep all the information provided to Hotel Miramar permanently updated in a way that it reflects, at all times, their actual situation. In any case, the User will be solely responsible for false or inaccurate statements provided by them, as well as for the damages that may be caused to the provider or third parties as a consequence.

2.4. Minors.

For the use of the services, minors must always obtain previous consent of their parents, guardians or legal representatives, who are ultimately responsible for all acts performed by such minors under their care. They are also responsible for determining the specific contents to which minors access, that is, in the event a minor access unsuitable content via the Internet, they will have to establish mechanisms in their computers, in particular computer programs, filters and blocks, which are intended to limit the available contents and, in spite that they are not infallible, they are of special utility to control and to restrict the materials to which minors can be exposed.

2.5. Obligation to make a correct use of the Web.

The User agrees to use the Website in compliance with the Law and this Legal Notice, as well as in accordance to morality and good customs. For this purpose, the User shall refrain from using the page for purposes that are unlawful or prohibited, and / or injurious to the rights and interests of third parties, and / or that in any way may damage, disable, overburden, deteriorate or prevent the normal use of computer equipment or documents, files and all kinds of content stored on any computer equipment of the provider.

As a particular indication but not limited thereto, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that:

• (a) is contrary, despises or attempts against fundamental rights and public liberties that are recognized by the Spanish Constitution, international treaties and other current applicable laws;
• (b) induces, incites or promotes actions that are criminal, degrading, defamatory, violent or, in general, contrary to law, morals and public order;
• (c) induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
• (d) is contrary to the rights relating to honor, personal or family privacy or to the person's own image;
• (e) in any way prejudices the credibility of the provider or of third parties; and
• (f) constitutes illicit, deceptive or disloyal advertising.

3.- EXCLUSION OF GUARANTEES AND LIABILITY

The Provider is exempt from any and all liabilities arising from the information published on our website, provided that this information has been manipulated or introduced by a third party.

This website has been revised and tested to work properly. In principle, its correct operation can be guaranteed 365 days a year, 24 hours a day. However, the Provider does not rule out the possibility that there may be certain programming errors, or that there are causes of force majeure, natural disasters, strikes, or similar circumstances that could make it impossible to access the website.

Hotel Miramar does not grant any guarantee and is not liable, in any case, for any and all damages of any kind that may arise from the lack of availability, maintenance and effective operation of the website or its services and contents; of the existence of viruses, malicious programs or harmful contents; of the illicit, negligent, fraudulent use or contrary to this Legal Notice and conditions of use; or the lack of legality, quality, reliability, usefulness and availability of the services provided by third parties and motions available to users on the website.

The provider is not liable under any circumstances for any and all damages that may arise from the illegal or improper use of this website.

4.- COOKIES

The provider's website may use cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the proper functioning and visualization of the Website. The cookies that are used have, in any case, a temporary nature, with the sole purpose of making navigation more efficient, and they are to disappear once the user's session ends.

Under no circumstances the cookies will be used to collect personal information.

For more information, see our Cookies Policy.

5.- LINKS

From the website, you may be redirected to third-party content. Since it is not always possible to control the content entered by third parties, Hotel Miramar does not assume any liability regarding these contents. In any case, the Provider states to undertake the immediate withdrawal of any content that may contravene national or international laws, morality or public order, also proceeding to the immediate withdrawal of the redirection to these websites, as well as informing the competent authorities of the content in question.

The Provider is not responsible for the information and stored content that may be included but not limited to forums, chats, blog generators, comments, social networks or any other means that allow third parties to independently publish content of the website of the provider. However, and in compliance with the provisions of art. 11 and 16 of the LSSICE (Information Society and Electronic Commerce Law in Spain), the Provider undertakes to be available for all users, authorities and security forces, as to actively collaborate in the withdrawal or, when necessary, the blocking of all content that may affect or contravene the national, or international laws, rights of third parties or for the purposes of morality and public order. In the event that the user considers that there may be some content that could be susceptible to this classification, they shall notify the administrator of the website immediately.

6.- Personal Data Protection

The provider is deeply committed to compliance with personal data protection regulations and guarantees full compliance with the obligations set forth in said regulations, which also includes the implementation of the established security measures in both the European Data Protection Regulation and the Spanish regulations on data protection. For more information, read our Privacy Policy.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

The website, including but not limited to the programming, editing, compilation and other elements necessary for its operation, the designs, logos, texts, photographs and / or graphics are all property of the Provider or, if necessary, its use is based upon a license agreement or express authorization from behalf of the owner(s). All the contents of the website are duly protected by the rules of intellectual and industrial property.

Regardless of the purpose for which they were intended, the total or partial reproduction, use, distribution and public communication require prior written authorization from the Provider. Any use that is not previously authorized by the Provider will be considered a serious breach of the intellectual or industrial property rights of the owner(s).

The designs, logos, texts and / or graphics that are unrelated to the provider and that may appear on the website, are property of their respective owners, being themselves responsible for any possible dispute that may occur in their regard. In any case, the Provider has express and prior authorization from such owners.

The Provider acknowledges, in favor of the owners, their corresponding industrial and intellectual property rights, by which their mentioning or appearance on the website, does not imply the existence of any rights or any liability of the Provider on them, as well as endorsement, sponsorship or recommendation by the same.

To make any kind of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you may communicate with the Provider through the contact email above.

8.- Applicable Law and Jurisdiction

For the resolution of disputes or issues related to this website or the activities that are developed therein, they shall be governed by the laws applicable in Spain, to which the parties expressly submit, being the Courts of Barcelona as the competent entities that shall resolve all disputes that derive or are related to the use performed by such parties.

DATA PROCESSOR

Company Name: Hotel Miramar Barcelona S.A.

CIF: A-62618780

Postal Address: C/ Plaza Carlos Ibáñez 3, 08038, Barcelona, Spain

E-mail: rgpd@hotelmiramar.com

Data Protection Officer: AURIS ADVOCATS

DPO Contact: Xavier Saula Adell. Calle Mallorca 237 bis Ppal 1.A. Barcelona. Web: www.aurisadvocats.com. E-mail: xavi@aurisadvocats.com.

Hotel Miramar Barcelona S.A. (onwards, Hotel Miramar), as the Data Processor for the Website, in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of this data and other current regulations on the protection of personal data, and by Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSICE), informs you the User that you have implemented the measures of necessary security, of a technical and organizational nature, to guarantee and protect the confidentiality, integrity and availability of data entered.

PURPOSE OF PERSONAL DATA PROCESSING

Your personal data will only be used for the following purposes:

• To carry out the necessary commercial and administrative procedures with Web Users;
• To send advertisement commercial communications by email, fax, SMS, MMS, social communities, or any other electronic or physical means, in case the User has expressly consented to receiving commercial communications electronically by subscribing to the NEWSLETTER;
• To respond to queries and/or provide information requested by the User;
• To carry out the provision of services and/or products contracted or subscribed to by the User.
• To use your data to contact you, both electronically and non-electronically, to obtain your opinion about the service provided and,
• To notify you about changes, important developments of the privacy policy, legal notices or cookies policy.
• Analysis of profiles and usability will be carried out.
• Client and/or suppliers data will be processed, within the contractual relationship that links them with the person in charge, in compliance with the administrative, fiscal, accounting, and working obligations that are necessary under the current legislation.
• Security of some local through a video surveillance system.

You can revoke your consent at any time by sending a letter with the subject "UNSUBSCRIBE" to rgpd@hotelmiramar.com.

In accordance with LSSICE, Hotel Miramar does not partake in SPAM practices, therefore, it does not send commercial emails that have not been previously requested or authorized by the User. Consequently, in all the communications that you will receive from the provider, the User has the possibility of canceling his or her express consent to receive our communications.

We will not use your personal data for any other purpose than those described except by legal obligation or judicial requirements.

LAWFULNESS OF PERSONAL DATA PROCESSING

The legal basis for data processing is your consent granted to carry out the purposes described above, which will be requested at the time by marking the corresponding box when collecting your data.

Failure to provide the personal data requested or failure to accept this data protection policy means that it is impossible to subscribe, register, or receive information about the Provider's products and services.

In cases where there is a prior contractual relationship between the parties, the legitimacy for the development of administrative, tax, accounting, and labor obligations that are necessary under current legislation will be the prior existence of the commercial relationship established between the parties.

COMMUNICATIONS

Any communication sent will be incorporated into the Information Systems of Hotel Miramar. By accepting these conditions, terms, and policies, the User expressly consents to Hotel Miramar carrying out the following activities and/or actions, unless the User indicates otherwise:

• The sending of commercial and/or promotional communications by any means enabled informing the Users of the activities, services, promotions, advertising, news, offers, and other information about the services and products related to the activity.
• In the event that the User has expressly consented to the sending of commercial communications electronically by subscribing the NEWSLETTER, the sending of such communications by electronic means informing the Users of the activities, services, promotions, advertising, news, offers, and other information about the services and products of Hotel Miramar equal or similar to those that were originally the aim of the contract or interest by the User.
• The storage of personal data during the periods provided in the applicable provisions.

OFFICIAL MEANS OF COMMUNICATION

The User is informed that the means enabled by the company to communicate with customers and others affected are the corporate phone, corporate mobile phones, and corporate email.

If you send personal information through a means of communication other than those indicated in this section, the PROVIDER will be exempt from liability in relation to the security measures available regarding the medium in question.

ASSIGNMENTS OR TRANSFERS RECIPIENTS

Hotel Miramar does not transferor communicate data within the EU or to other jurisdictions. The Provider shall only disclose information to the homeland security authorities under court order or in compliance with the applicable law, without prejudice to the fact that it may block or cancel your account if there are reasonable indications that they you may have committed a crime. The information provided will be restricted to that available to the Provider at that point in time.

The information that you provide both through this website and through the app will be hosted by servers pertaining to Hotel Miramar.

RIGHTS OF CONCERNED INDIVIDUALS

As a concerned User, you can request to exercise the following rights before Hotel Miramar by submitting a letter to the postal address located in the letterhead or by sending an email to rgpd@hotelmiramar.com, indicating as Subject: "GRDP, Affected Rights", and attaching a photocopy of your National Identity Document (DNI) or any analogous document, as indicated by law.

Rights:

• Access rights: allows the interested party to know and obtain information about their personal data submitted to processing.
• Right to rectification or deletion: it allows to correct errors and modify the data that proves to be inaccurate or incomplete.
• Right to cancellation: allows data that turns out to be inadequate or excessive to be deleted.
• Right to opposition: the right of the interested party to not carry out the processing of their personal data or to cease it.
• Limitation of personal data processing: involves the marking of personal kept data, with the purpose of limiting its’ future processing.
• Portability of the data: facilitation of the data subject to processing to the interested party, so that he or she can transmit it to another person in charge, without impediments.
• The right not to be subject to automated individual decisions  (including the elaboration of profiles): the right not to be the subject of a decision based on automated processings that produces effects or significantly affects the User.

As a User, you have the right to withdraw consent given at any time. The withdrawal of consent will not affect the lawfulness of the process carried out before the withdrawal of consent.

You also have the right to submit a claim to the supervisory authority if you believe that your rights may have been violated in relation to the protection of your personal data (agpd.es).

ADDITIONAL INFORMATION

INFORMATION WE COLLECT

We obtain the minimum and indispensable information through a registration form. In this form you will provide the following information: e-mail, name and surnames.

If you contract the service/purchase the product through our website http://hotelmiramarbarcelona.com we will ask you to provide us with information about you, including your name, contact information, and information about a credit or debit card. You must attend, in case of proceeding to the purchase of products, to the conditions specifically regulated in GENERAL CONTRACTING CONDITIONS.

Through this Privacy Policy we inform you that the photographs that are posted on the website are property of Hotel Miramar, including those of minors, of which, in order to obtain these, prior consent of the parent, tutors, or legal representatives has been obtained by signing the forms made for that purpose by the centers in which matters regarding minors are regulated.

VIDEO SURVEILLANCE

In some points of sale images are captured for the sole purposes indicated in the section of purposes of this privacy policy and / or at the request of public authorities.

We have an informative circular upon request of interested parties that request it and a zone logo videotaped located in a place prior to the camera and sufficiently visible that informs that the place is a video surveillance facility.

The images captured by the cameras will be limited to the public establishment in question. No images of the public road will be captured except for a minimum strip of access to the establishment.

The recording system will be located in a guarded or restricted access area. The images obtained will be accessed only by the authorized person and will be kept for a maximum period of one month from their capture.

SOCIAL NETWORKS

We inform you that Hotel Miramar may have a presence on social networks. The processing of data that is carried out concerning the people who become followers on social networks (and/or carry out any link or connection action through social networks) of the official pages of Hotel Miramar will be governed by this section, as well as those conditions of use, privacy policies, and access regulations that belong to the social network that is appropriate in each case and previously accepted by the User.

Hotel Miramar will process your data with the purpose of correctly managing your presence on social networks, informing you of the provider's activities, products, or services, as well as for any other purpose that the regulations of the social networks allow.

The publication of the following content is prohibited:

• That are presumably unlawful by national, community, or international regulations or that they carry out activities that are presumably unlawful or contravene the principles of good faith.
• That threaten the fundamental rights of people, lack courtesy in the network, annoy or may generate negative opinions to our Users or third parties and in general whatever the content that Hotel Miramar deems inappropriate.
• In general that contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection, and intellectual and industrial property rights.

Likewise, Hotel Miramar reserves the right to remove, without notice from the website or the corporate social network, those contents deemed inappropriate.

Communications sent through social networks will be incorporated into a file owned by Hotel Miramar, and may send you information of interest.

You can access more information in the present privacy policy.

In any case, if you send personal information through the social network, Hotel Miramar will be exempt from liability in relation to the security measures applicable to this platform, which is the Users’ responsibility to know, by checking the corresponding conditions particular to the network in question.

SECURITY MEASURES

The information you provide will be processed confidentially. The Provider has adopted all the technical and organizational measures and all the levels of protection necessary to guarantee the security in the processing of the data and to avoid its alteration, loss, theft, processing or unauthorized access, according to the state of technology and nature of the stored data. Likewise, it is also guaranteed that the processing and registration in files, programs, systems or equipment, premises and centers comply with the requirements and conditions of integrity and security established in the current regulations.

LANGUAGE

The language applicable to this Privacy Policy is Spanish. Therefore, in case there is any contradiction in any of the versions provided in other languages, the Spanish version will have prevalence.

SENDING OF CV

In the event that the User submits his or her CV through our through the email address hhrr@hotelmiramarbarcelona.com, we inform him or her that the information provided will be processed to make him or her participant in the selection processes that may exist, carrying out an analysis of the applicant's profile in order to select the best candidate for the vacancy of the Company (Provider). We inform you that this is the only official procedure to accept your CV, so CVs submitted by another procedure will not be accepted. In case of any change in the data provided, please inform us in writing as soon as possible, in order to keep your data properly updated.

The data will be kept for a maximum period of one year, after which the data will be deleted guaranteeing a total respect to confidentiality both in the processing and in its subsequent destruction. In this sense, after the aforementioned deadline, and if you wish to continue participating in the selection processes of the Company (Provider), please re-submit your CV. 

The data may be processed and/or communicated to the member companies of our group during the time of conservation of their curriculum and for the same purposes previously reported.

CHANGES IN THE PRESENT PRIVACY POLICY

Hotel Miramar reserves the right to modify this policy to adapt it to new legislation or jurisprudence dispositions (case law).

LEGISLATION

For all purposes, the relationship between Hotel Miramar and the Users of its telematic services, present on this Website, are subject to the Spanish legislation and jurisdiction to which the parties expressly submit, being competent for the resolution of all conflicts arising or related to their use the Courts and Tribunals of BARCELONA.