Personal data protection
General Information for the customer:
In accordance with the Spanish Data Protection Act (Basic Law 15/1999, of 13 December) and related secondary legislation, we hereby inform you of the treatment of your personal data (the “Data”).
The Data you provide to us now or in the future in connection with our commercial relations shall be included in a file which is the responsibility of Royal Mediterránea SA, being a company with Tax Code A83058537 and registered office at street Estafeta, 2, 28109 Alcobendas - Madrid (hereinafter the “Data Controller”).
All of the Date we may request that is marked with an asterisk (*) is obligatory, and failure to provide any such data may prevent us from providing the services offered or create a relationship in which we are unable to inform you of special offers, new services, etc.
Your Data will be treated by the Data Controller in order to maintain, develop and control our commercial relations with you, which includes attending to your queries and requests for information or document, as well as sending you any information you may seek in relation to our offers and services, events, etc.
The Data you provide must be correct and up to date when the information is furnished, and in this regard you represent that the Data is authentic and true. We kindly request you diligently to notify us of any change in your Data as soon as may be for the sole purpose of keeping our records permanently up to date and free of error in relation to your Data.
You hereby expressly consent to the treatment of your Data by the Data Controller for the purpose of sending you commercial information about our products and service by post, e-mail, SMS or any other similar means of electronic communication. You also consent to the treatment of your Data to conduct market research and for the purposes of market segmentation and/or profiling.
Custody of your personal data
Your Data will be kept in our files while we maintain commercial relations with you, and for the periods established by law or contractually to allow you or the Data Controller to take any pertinent actions. After the end of our commercial relations, your Data will be duly blocked in accordance with applicable legislation.
Notwithstanding the above, we may continue to use your Data for commercial purposes after the end of our relations, subject to the terms and conditions established above, until such time as you may revoke the consent provided to us.
Access to the Data by third parties
We hereby inform you that certain companies, such as travel agencies, IT service providers, etc., may be allowed access to your data for the sole purpose of providing the Data Controller with treatment services. Under no circumstances shall such service providers utilise your Data for any other purpose or on their own behalf. The said companies may be established in countries outside the European Economic Area, where the level of data protection is not equivalent to that provided by the Spanish Personal Data Protection Act.
Confidentiality and security measures
Finally, we hereby inform you that the Data Controller shall treat your Data as strictly confidential at all times, in accordance with the uses and purposes expressly referred to above. You are likewise informed that the Data Controller has put in place the necessary technical and organisational measures to guarantee the security of all of your Data, and to prevent alteration, loss, or unauthorised treatment of or access to the Data, based on the current state of technology, the nature of the data stored and the risks to which the same are exposed, in accordance with Title VIII of Royal Decree 1720/2007, of 21 December, implementing the Personal Data Protection Act.
Information obtained from cookies and logs will be included in the file kept by the Data Controller.
Cookies are messages sent by the server to the user’s computer consisting of text files which are stored in the computer’s memory and gather information relating to the page visited, internet connection time, etc. Cookies are sent back to the server each time the user accesses the page. Cookies are activated or transmitted from the server (indicate the server’s domain name).
The purpose of the cookies employed by the Data Controller is personalise the services we offer by providing you with information that may be of interest to you. If you do not wish our server to install any cookies on your hard disk, you can configure your web browser not to accept them. However, we would point out that this may adversely affect the portal’s functioning, and that you will need to log on each time you wish to access any service in the portal. Cookies shall be maintained for a period of (indicate the expiration period).
Cookies cannot read any of the data stored on your hard disk or any of the cookie files created by other service providers. Logs are files stored on the Data Controller’s server which record information about your online activity. Their purpose is to analyse the functioning of the system, locate any incidents or problems that may arise and resolve them in the shortest possible time, continue offering the services you request, learn your preferences and propose services that are in line with your tastes.
However, the user may prevent the generation of cookies by selecting the relevant option in your browser software.
Exercise of rights
You may at any time exercise your legal rights of access, rectification, cancellation or opposition to the treatment of your Data by writing to the Data Controller at the address given above. Your letter should be accompanied by a copy of any official document supporting your identity.
You may also revoke the specific consents requested herein by the methods indicated above under the terms established by law. Such revocations shall not have retroactive effects.
1. Legal information and acceptance
The present terms and conditions regulate the use of the internet service portal (hereinafter the ‘Portal’) provided by Royal Mediterránea SA (hereinafter Royal Mediterránea) to online users in the domain “www.asiagardens.es”.
Royal Mediterránea SA has Tax Code A83058537. It is registered under No. 4,855 in Tome 16,727, Book 0, Folio 56, Section 8, Sheet M-285641, Entry No. 1.
Access to the website is free of charge except as regards the cost of the telecommunications connection provided by the internet access provider contracted by users.
The condition of Portal user (hereinafter ‘User’) is inherent in the use of the Portal, and it implies acceptance of all of the conditions set forth in this Legal Notice. The provision of the Portal service is limited to the time for which the User is connected. Accordingly, Users should read this Legal Notice carefully on each occasion they may propose to use the Portal, as the same and the terms and conditions of use set forth herein may change from time to time.
2. Service provided to registered users
The Portal may contain certain exclusive services aimed at our customers and registered users, in which case access will be restricted.
These services may be subject to certain specific terms and conditions which, where applicable, shall substitute, supplement and/or amend the terms of this Legal Notice and must be accepted by the User before the relevant service is provided.
3.- Cost of portal services
The use of the Portal is free of charge. However, the accommodation services offered shall be payable at the prices indicated, where appropriate, in each of the commercial proposals made to Users via the Portal.
4.- Intellectual and industrial property
All of the Portal’s contents, including by way of example only text, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content, as well as the graphic design and source codes (hereinafter the “Content”) are the intellectual property of Royal Mediterránea and certain third parties. None of the operating rights established by prevailing intellectual property legislation shall be deemed to be assigned to the User, except insofar as may be strictly necessary for the use of the Portal.
Brands, trade names and logos are the property of Royal Mediterránea or third parties, and accessing the Portal shall not be understood to confer any rights over the said brands, trade names and/or logos.
5. Conditions of use of the portal
The User undertakes to make appropriate use of the Portal in accordance with the Law and the terms of this Legal Notice. The User shall be liable to Royal Mediterránea or relevant third parties for any damages caused as a consequence of non-performance of the said undertaking.
The Portal shall on no account be used for the purpose of causing harm to the assets or interest of Royal Mediterránea or third parties, or to overload, damage or otherwise incapacitate the computer hardware or software products and applications of Royal Mediterránea or third parties.
The User undertakes to use the Content in accordance with the Law and with the terms of this Legal Notice, and in conformity with any other conditions, regulations or instructions that may be applicable in accordance with clause 1 above.
By way of example only, the User shall refrain, in accordance with prevailing legislation, from the following:
Reproduction, copying, distribution, disclosure, publication, transformation or amendment of the Contents except in the cases authorised by law or expressly permitted by Royal Mediterránea or, where applicable, by the holder of title to the rights.
Reproduction or copying of Contents that could be considered to constitute Software or Data Bases in accordance with prevailing intellectual property legislation for private use, or publication or disclosure of Contents to third parties where such acts would necessarily imply reproduction by the User or a third party.
Extraction and/or reuse of all or a substantial part of the Portal Contents, or of the data bases provided by Royal Mediterránea to Users.
5.3 Creation of links to the Portal
Any internet user who may wish to include a link to the Portal in a website shall be required to comply with the conditions set forth below. Ignorance of the said conditions shall not exempt users from the liabilities established by law in this regard.
The link shall only lead to the Portal home page, but it shall not reproduce it in any way (online links, copying of texts, graphics, etc.).
In accordance with applicable legislation, the creation of frames of any kind to capture the Portal or allow visualisation of the Contents from internet addresses other than the Portal is strictly prohibited, in particular and in any event where the Contents are visualised together with other content not pertaining to the Portal so that: (I) it causes, or could cause, error, or confuse or deceive users as to the true source of the service or the Contents; (II) it represents an unfair comparison or imitation; (III) it is intended to benefit from the reputation of the brand and the prestige of Royal Mediterránea; or (IV) it is in any other way prohibited by prevailing legislation.
The page including the link shall not contain any misrepresentations or inaccurate or incorrect statements concerning Royal Mediterránea, its partners, employees, customers or the quality of the services provided by the same.
Under no circumstances shall the page containing the link suggest that Royal Mediterránea may have given its express consent to the link or in any other way sponsors, cooperates with, verifies or supervises the services of the party creating the link.
The use of any graphic or mixed brand or logo of Royal Mediterránea in the linking website except where permitted by law or expressly authorised by Royal Mediterránea, and provided a direct link to the Portal is permitted in such cases in the manner established in this clause. The page establishing the link shall faithfully comply with the law and shall not under any circumstances provide or link to proprietary or third-party contents that: (I) are unlawful, harmful, unethical or immoral (e.g. pornographic, violent or racist content, etc.); (II) induce, or could induce, the User to form the false conception that Royal Mediterránea subscribes, backs, adheres to or otherwise supports the ideas, representations or expressions of the party responsible for the link, whether licit or illicit; (III) are inappropriate or out of place in relation to the activity of Royal Mediterránea based on the location, contents and subject matter of the website containing the link.
6. Exemption from responsibility
6.1 Service quality
Access to the Portal does not imply any obligation on the part of Royal Mediterránea to ensure the absence of viruses, works or any other malicious software. It shall in any event be a matter for the User to install the appropriate tools to detect and disinfect malicious software.
Royal Mediterránea shall not be liable for any damages caused to the hardware or software of Users or third parties during the provision of the service over the Portal.
6.2 Availability of the Service
Access to the Portal requires the provision of services by third parties, including transmission over telecommunications networks, the reliability, quality, continuity and functioning of which is not the responsibility of Royal Mediterránea. Accordingly, the services provided over the Portal may be suspended, cancelled or be disconnected before or during the provision of the service over the Portal.
Royal Mediterránea shall not be liable for any damages of any kind occasioned to the User as a consequence of telecommunications network failures or disconnection resulting in the suspension, cancellation or interruption of the service provided by the Portal before or during the provision of the service.
6.3 Contents and services linked through the Portal
The Portal access service includes technical devices such as links, directories and search engines allowing the User to access other websites and portals (hereinafter the “Linked Sites).
In these cases, Royal Mediterránea acts as the intermediary service provider in accordance with article 17 of the Spanish Information Society Services and Electronic Commerce Act (Law 34/2002, of 12 July) and is liable only for the content and services provided in the Linked Sites insofar as it may be actually aware that such content and services are unlawful and fail to act with due diligence to deactivate the link. If the User considers that the content of a Linked Site is unlawful or inappropriate, he/she may inform Royal Mediterránea in accordance with the procedure and for the purposes established in clause 7 below. Reporting a site in this way does not in any way entail the obligation to remove the link concerned.
Under no circumstances shall the existence of Linked Sites presuppose the existence of agreements with the controllers or owners of schedule sites, or any recommendation, promotion or identification of Royal Mediterránea with the representations, contents or services provided by such Linked Sites.
Royal Mediterránea has no knowledge of the contents and services of Linked Sites, and therefore it cannot be liable for any damages caused by unlawful, out-of-date or erroneous contents and/or services, or by the quality, unavailability or utility of the same, or for any damages that are not directly attributable to Royal Mediterránea.
7. Communication of unlawful or inappropriate activities
If you, the User, or any other internet user, should discover that a Linked Site in turn links to website containing unlawful, improper, denigrating, violent or unethical contents and services, or that any of the information posted by Users via the services offered in the Portal are as described, you may contact Royal Mediterránea indicating the following:
•Personal details: name, address, telephone number and e-mail address.
•Description of the facts concerned in the unlawful or improper nature of the Linked Site.
•In the event of any breach of rights such as intellectual or industrial property rights, the personal details of the holder of the right affected if such pertain to a person other than the complainant. Details of the rights owner’s title to the same should also be provided and, where appropriate, of any powers of attorney where the rights owner is not the same person as the complainant.
•Express representations as to the truthfulness of the information contained in the complaint. Receipt by Royal Mediterránea of any communication pursuant to this clause shall not mean that the same has actual knowledge of the activities and/or contents indicated by the complainant. The complainant shall provide details of the owner’s title to any rights and, where appropriate, any powers of attorney where the rights owner is not the same person as the complainant, as well as express representations as to the truthfulness of the information contained in the complaint. Receipt by Royal Mediterránea of any communication pursuant to this clause shall not mean that the same has actual knowledge of the activities and/or contents indicated by the complainant.
This Legal Notice shall be governed by Spanish Law.