Dear customer,
pursuant to current legislation on the protection of personal data (EU Reg. 2016/679 - GDPR and Legislative Decree
Legislative Decree 196/2003 and subsequent amendments and additions), we wish to inform you that the processing of your personal data is carried out with correctness and transparency, for lawful purposes and protecting your privacy and your rights. Therefore, in compliance with the aforementioned legislation, and in reference to art. 13 EU Reg. 2016/679, we provide you with the following information:
1)Treatment modalities.
The treatments are carried out both by electronic means and with the aid of paper means to carry out the services offered.
2)Nature of the data processed.
If you register among our contacts or if you request news or purchase our services, we will process your personal and fiscal data, as well as the economic data that are necessary for carrying out the relationships between you and our Company. Generally, we do not process any sensitive or judicial data, but if this becomes necessary we will only do so by asking for your consent first.
3) Purpose of the processing and related legal bases.
The Data Controller processes personal and identification data only for the purpose of carrying out the services offered.
3.a) Main service: promoting the meeting between supply and demand of properties for short-term rentals.
The main service offered consists in the collection of all the data and information necessary to facilitate the meeting between supply and demand of properties intended for short-term rentals, with the consequent provision of any additional services required (guest reception, management of tourist tax , cleaning, etc.). Since this involves the execution of pre-contractual and contractual measures, the processing is carried out without the need for your consent pursuant to art. 6 par.1 lett. b) GDPR. In case of refusal to provide personal data, we will not be able to confirm the booking and provide you with the requested services (art. 6, par. 1, letter a) EU Reg. 2016/679).
3.b) Payments.
In the management of payments, your data may be communicated to third parties of a banking or financial nature. Since these are treatments necessary for the definition of the contractual agreement and for its subsequent implementation, your consent is not required, except in the case in which data belonging to particular categories are provided, pursuant to art. 9 EU Reg. 2016/679.
3.c) Further services and treatments
In certain cases specifically identified below, to provide the services requested by you we will require your express consent, always revocable, pursuant to the combined provisions of the art. 6, par. 1, letter. a) and art. 7 of EU Reg. 2016/679:
a)premain the additional services offered by the Agency (cleaning service, payment of tourist tax, etc.);
b)manage any needs related to accessibility, through information collected from the interested party relating to health, with reference to any physical needs (for example in case of limited mobility);
The processing will cease upon your departure, but some of your personal data may or must continue to be processed for the purposes and in the manner indicated below; in such cases your consent is necessary, revocable at any time, pursuant to art. 6, par. 1, letter. a) and art. 7 EU Reg. 2016/679:
a) send our promotional messages and updates on rates and offers.
3.d) Compliance with legal obligations
a) obligation provided for by the Consolidated Law on Public Security Laws. Among the ancillary services we offer there is that of data communication to the PS, carried out on behalf of the owner of the property: in this case, your data will be processed to fulfill the obligation established by the Consolidated Law on Public Security Laws (article 109 R.D. 18.6.1931 n. 773) which requires communicating to the Police Headquarters, for public security purposes, the personal details of the people housed, according to the methods established by the Ministry of the Interior (Decree 7 January 2013) and entering the data on the ricestat website as per law. The provision of data is mandatory and does not require your consent (art. 6, par. 1, letter c) EU Regulation 2016/679), and in case of refusal to provide them we will not be able to host you in our structure.
b) tax obligations. Following the provision of our services, your data will also be processed for the fulfillment of legal obligations of an accounting and tax nature. For these purposes, the processing is carried out without the need to acquire your consent (art. 6, par. 1, letter c) EU Reg. 2016/679). The data are processed by us and our agents and are communicated externally only in compliance with legal obligations. In case of refusal to provide the data necessary for the above-mentioned obligations, we will not be able to provide you with the requested services. The data acquired for these purposes are kept by us for the time required by current legislation (10 years and even longer in the case of tax assessments).
3.e) Prevalent interest of the data controller
In some cases the prevailing interest of the data controller may exist: in such cases it is not necessary to acquire his consent pursuant to art. 6, par. 1, letter. f) EU Reg. 2016/679.
4)Duration of treatment
The data are processed until the completion of the activities for the purpose of which they were collected and also thereafter, in compliance with legal obligations and for administrative and commercial purposes, subject to the adoption of adequate guarantees.
5)Data voluntarily provided by the interested party.
In the event that you choose to make the payment in one of the foreseen forms (bank transfer, credit cards, debit cards, bank checks and cash), in addition to the data requested in the contact form (e-mail), you will be required to provide us with all the data necessary to carry out these practices. Failure to communicate even just some of these data makes it impossible to perform the service. The express and voluntary sending of data by filling out the contact forms and/or sending emails to the addresses indicated on our website entails our subsequent acquisition of the same data. All the requested data (as a rule, name and surname - telephone number - e-mail) are necessary for us to respond to your requests and/or fulfill the service you request from us from time to time. Specific summary information is prepared and/or displayed on the individual pages of the site used to carry out particular services on request.
6)Obligation or right to provide data and consequences of any refusal.
The personal data requested from time to time are necessary for us to be able to carry out the requested services: failure to provide them in whole or in part consequently makes it impossible to carry out the service itself. During navigation on our site, or during your telephone or email contacts, or even in the case of a direct visit, you may be asked to communicate further data to us which are not strictly necessary for the fulfillment of the main service, but become for the execution of any ancillary services that will be represented to you from time to time. Failure to provide them is evaluated on a case-by-case basis, and determines the consequent decisions according to the importance we recognize in the data requested but not provided by you. Every time we intend to offer you an ancillary service, the specifically pursued purposes will be described in detail and your express consent will be requested. Failure to provide the data requested for a specific service or failure to provide the relevant and consequent consent to their use does not affect the possibility of requesting and consenting to the provision of other various ancillary services (nor, much less, does it prevent or exclude the main service) .
7)Communication and dissemination of collected data.
The data collected are not disclosed by us, nor, in other words, are they disclosed to indeterminate subjects in any way, including by making them available or consulting them; they can, however, be communicated by us, i.e. knowledge of them is given to one or more specific subjects, in particular to:
- the subjects who can access the data in compliance with a legal obligation, within the limits established by the law itself;
- the credit and/or financial institution, if payment by electronic money is requested;
- partner companies, if consent has been given to the sending of advertising and the carrying out of direct marketing by them;
- our consultants and collaborators for the ordinary management of business activities and for the obligations connected to the services described above;
- the companies identified by us for the execution of the additional services requested.
8)The rights of the interested party(articoli 13/22 e 77/79 del Regolamento UE 2016/679)
If the interested party intends to exercise the rights referred to in the articles. 13/22 and 77/79 EU Reg. 2016/679 in relation to your personal data or if you have other questions or requests also regarding this privacy policy, you can contact the Data Controller through the contact details indicated on the Site or using our contact details:
Data controller: GATE s.r.l.
Head office: via Cacciò n. 5 – 57037 Portoferraio (LI)
CF. and P.Iva: 01976730497
PEC: [email protected]
Tel.: 0565 1959595
The Data Controller declares himself available to satisfy the requests of the interested party, however we inform you that it is not always physically possible to delete information relating to interactions that have taken place and any past transactions and/or reservations.
Interested parties can exercise certain rights with reference to the data processed by the Data Controller.
In particular, the interested party has the right to:
- revoke your consent at any time. The interested party can always revoke the previously expressed consent to the processing of their personal data (art. 13, par. 2, letter c) EU Reg. 2016/679);
- object to the processing of your data. The interested party may object to the processing of their data in the cases referred to in the art. 21 EU Reg. 2016/679;
- access your data. The interested party has the right to obtain information on the data processed by the Data Controller, on certain aspects of the processing and to receive a copy of the data processed (art. 15 EU Reg. 2016/679);
- verify and request rectification. The interested party can verify the correctness of their data and request its updating or correction (art. 16 EU Reg. 2016/679);
- ottenere la limitazione del trattamento. Quando ricorrono determinate condizioni, l’interessato può richiedere la limitazione del trattamento dei propri dati. In tal caso non tratteremo i dati per alcun altro scopo se non la loro conservazione (art. 18 Reg. UE 2016/679);
- obtain the cancellation or removal of your personal data. When certain conditions apply, the interested party can request the deletion of their data by the Data Controller (art. 17 EU Reg. 2016/679). In these cases we will certainly arrange for the deletion as quickly as possible;
- receive your data or have it transferred to another owner (data portability). The interested party has the right to receive their data in a structured, commonly used and machine-readable format and, where technically feasible, to obtain their transfer without obstacles to another data controller. This provision is applicable when the data are processed with automated tools and the processing is based on the consent of the interested party, on a contract of which the interested party is a party or on contractual measures connected to it (art. 20 EU Reg. 2016/679 );
- not be subjected to a decision based solely on automated processing, including profiling, in cases where the exercise of the right is permitted (art. 22 EU Reg. 2016/679);
- lodge a complaint. The interested party may lodge a complaint with the competent personal data protection supervisory authority (art. 77 EU Reg. 2016/679);
- act in court (art. 79 EU Reg. 2016/679).
9)Information pursuant to art. 14 EU Reg. 2016/679– GDPR.
This information is also valid pursuant to art. 14 EU Reg. 2016/679 – GDPR, in the event that you have known us and purchased our services through our commercial partners, with access through the websites of which they are owners and/or managers.