The domain excelhotelsandresorts.es contains the present website created and maintained by the company EXCEL HOTELS & RESORTS S.A. (hereinafter, Excel). This entity is the proprietor of its contents.
The corporate purpose of Excel is the provision of tourist exploitation services and management of home owners associations, with registered office at C/ Santa Rosa nº 5, Residential Royal Palm, Arona 38650, Santa Cruz de Tenerife, Spain.
Excel´s company number is CIF nº: A 38.083.101.
Excel is registered in the Mercantile Register of Santa Cruz de Tenerife, volume 968, sheet 143, page nº TF-6.514
The users of the present website will be able to establish direct and effective communication with Excel through the following means:
Postal address: C/ Santa Rosa nº 5, Residential Royal Palm, Arona 38650, Santa Cruz de Tenerife, Spain
Telephone: +34 922 78 80 40
1- General Information
These General Terms regulate the use of Excel’s website, which can be accessed through the main address www.excelhotelsandresorts.es.
2- Acceptance of the present Terms
Likewise, the use of certain services available to users of this website may be subject to Particular Terms, warning or instructions that must also be consulted and accepted by those without reservations.
Through this website, users may access and use various services and content made available by Excel or by third parties.
The purpose of this website is the provision of commercial information services, as well as a commercial activity, even through electronically arranged bookings of products or services included in Excel’s website and any other linked to it. All products and services contained in this website are provided in accordance with the regulations in force.
4- Terms of access and use of the website
4.1 Cost-free access.
The use of Excel’s website is free of charge. In any case, users will be opportunely and duly warned of any services included in this website that may be subject to the payment of a fee.
4.2 User Registration.
In general, prior registration of users is not required to access and use this website. Nevertheless, and exceptionally, certain services may be subject to the user’s registration in Excel’ databases. Excel will give said data the corresponding automated treatment according to its nature or purpose, under the terms and conditions indicated in the personal data protection policy. Users authorize the personal data processing by the companies belonging to the Group, in accordance with said purposes. To that aim, users undertake to use their access codes (user’s name and password) according to the following restrictions:
The password, chosen by the user, may not be contrary to morality and generally accepted good practices, nor may it harm the rights to honor and the image of third parties, nor infringe in any way third parties’ industrial or intellectual property rights.
The access codes are for the exclusive use of the user owner of the same and their custody and correct use is the user’s exclusive responsibility. Excel will not be responsible for any damage that the user or third parties may incur as a result of other people using the user’s password, with or without the user’s consent.
Excel undertakes to comply with the obligation of secrecy as regards the user’s password.
4.3 Users’ information veracity.
Users guarantee the veracity and authenticity of the information and data provided pursuant to the completion of the applications and subscription forms which, where appropriate, may be required to access certain services.
In this sense, the user is obliged to maintain the information up to date at all times. Any false or inaccurate manifestation that occurs as a result of the information and data disclosed, as well as any damage that such information may cause, will be the user’s responsibility.
4.4 Obligation of correct use of services and content.
4.4.1 Users assume the obligation to make a correct use of the services and contents included in this website, in accordance with the applicable General Terms, regulations, morality and the generally accepted good practices, as well as the public order.
4.4.2 Unless prior and express authorization is given by Excel, users may only use the contents and services for their own personal use and, therefore, will refrain from undertaking any action that directly or indirectly may involve a commercial exploitation of the same.
4.4.3 In any case, users will use the contents and services provided by Excel in accordance with the legislation in force and assume any liabilities that may correspond to them due to behaviors or activities that, in any way, may be illicit or harmful for third parties’ rights or that may harm, impede or limit the use of this website to Excel or any other users.
4.4.4 Users below legal age, non-emancipated, may use the services offered in this website only with the permission of their parents or legal representatives, which shall be presumed unless otherwise notified.
4.4.5 In particular, and merely as an indicative, however not exhaustive, users undertake not to capture data or contents for advertising purposes, and not to transmit or broadcast through this website any messages, images, photos, software, data or contents that:
in any way contravene or attempt against any fundamental rights recognized by the legal system.
induce, incite or promote criminal, slanderous, defamatory, degrading, violent, discriminatory actions on the grounds of sex, race, religion or ideology or, in general, contrary to law, morality or public order.
are false, ambiguous, inaccurate, exaggerated, obscene or untimely.
are protected by whatsoever intellectual or industrial property rights belonging to third parties, unless the legitimate owner gives prior and sufficient authorization.
injure or may damage the right to honor, the personal privacy, the image of third parties or infringe the regulations on confidentiality of communications.
entail illicit, misleading or unfair advertising.
contain virus, malware or any other material or program which may damage or alter the functioning of equipment or computer systems.
4.5 Access Restrictions.
5- Industrial and Intellectual Property
5.1 Industrial Property.
The use of the distinctive signs (graphs and wording) that appear in this website by third parties is forbidden without the prior due authorization.
The possible presence on this website of distinctive signs whose owners are other than that described in the preceding paragraph is made with the authorization of their legitimate owners.
5.2 Domain Names.
The domain name www.excelhotelsandresorts.es and any other names that, directly or indirectly, serve to access this website are owned by Excel. The improper use of the same in the economic traffic would imply a violation of the rights conferred by its registration and will be pursued by the means provided by the Law.
5.3.1 The contents, texts, photographs, designs, logos, images, sounds, videos, animations, recordings and, in general, any intellectual creations appearing in this website, as well as the website itself as a whole as a multimedia artistic work, are protected as rights by the current legislation on intellectual property.
5.3.2 In accordance with the above mentioned, Excel has the exclusive rights of reproduction, distribution, public communication and transformation, as well as any other property right over the elements mentioned in the preceding paragraph; and all this without prejudice to the moral rights that on authorship may correspond to their authors.
5.4 Personal Use.
Users are expressly authorized by Excel to view, print, copy or store in their hard disk or another storage device, protected intellectual creations and any other content or asset protected or not by an exclusive right, provided that it is for a personal and private purpose, not for a commercial or distribution purpose, and without modifying, altering or decompiling said contents. This authorization is recognised provided that the warnings about copyright and industrial property rights included in this document are respected, and it does not imply the granting of any license to the users.
Any other use of the intellectual creations or contents of this website will require the express written authorization by Excel.
5.5 Legal Action.
The use of the contents or services included in this website does not imply, nor assume, the granting of any license or authorization of any kind over their intellectual or industrial property rights or over any other right.
Users of this website undertake to respect the mentioned rights and to avoid any action that may harm such rights, and Excelreserves the right to undertake any legal action that may correspond in defense of its legitimate intellectual and industrial property rights.
6.1 Links to web pages independent from this website.
6.1.1 In Excel’s website, users may find various links that will take them to independent web pages with the only purpose to facilitate access to other information sources on internet, related with the services offered in this website or of general nature. Their publication in this website is based on the respect of intellectual and industrial property rights that may correspond to their authors and legitimate owners.
6.1.2 Excel will not accept responsibility for the contents to which users may access through the aforementioned links, nor for the modifications that may be carried out on them, nor for the use made of them, nor for their technical availability.
6.2 Conditions of link to this website.
The individuals or entities that intend to make a link from a web page of another internet portal to any of Excel’s website pages will be subject to the following conditions:
No “frames” or “deep-links” or image links will be established with Excel’s website pages without prior express authorization.
It will contain no false, inaccurate, or incorrect statements about Excel’s website pages or about its services or content.
The establishment of a link will not imply the existence of a relationship between Excel and the owner of the web page or portal from which the link is made, nor the knowledge or acceptance by Excel of the services and content offered on said portal.
The establishment of links without respecting the above mentioned conditions may imply the breach of Excel’s copyright, protected under the terms set forth on paragraph 5 of these General Terms.
7- Debate Forums and Bulletins
Excel does not take responsibility for the statements or opinions that may be expressed in different permanent forums, bulletins or in occasional chats or talks in this website, but will endeavor at all times the correct use of these mechanisms or services, watching over the utmost respect for people’s dignity and freedom of speech protected by the Spanish Constitution, reserving the right in any event to reject or eliminate any contributions of illicit content or that may be considered inconvenient, as soon as Excel has effective knowledge of the same, without need of justification or explanation.
Users of these services will avoid any type of false, abusive, obscene or threatening statement that in any way may infringe the current legislation and will be respectful with third parties participating or not in forums or talks.
Excel informs users that its portal www.excelhotelsandresorts.es has cookies installed solely and exclusively for statistical or functional purposes.
“Cookies” are small text files stored on the hard drive of users’ computers in order to collect statistical data as regards their use of the website and to allow the display of advertising content. There is no data of private nature. Users may configure their browser settings to accept or reject the installation of cookies or delete the browsing data at the end of the session. However, Excel recommends and appreciates the activation and acceptance of cookies in order to obtain more precise information to improve the content and adapt it to the users’ preferences. Excel does not assume the responsibility for deactivating cookies that may impede the correct functioning of the website.
9.1 Website Content Disclaimer:
9.1.1 Information. The information displayed in this website, both Excel’s and that of third parties, is provided without any kind of guarantees as regards its accuracy and updating. Therefore, Excel is not responsible for any possible damages that the use of such information may cause.
9.1.2 Errors. In relation to what is mentioned in the previous paragraph, the documents published on the website could contain technical inconsistencies or involuntary typographical errors of which Excel does not take responsibility. In any case, the owner of this website apologizes for these errors and undertakes to rectify such irregularities as soon as possible, appreciating any comment, rectification or suggestion that users may send in this respect to email@example.com.
9.1.3 Underage. Excel does not take responsibility for any possible damage that the use of the services by underage users may cause. Parents or legal representatives will be held responsible for all acts carried out by the underage users under their care.
9.2 Website functioning Disclaimer:
9.2.1 Privacy. Excel does not guarantee absolute privacy when using this website, since the possibility that unauthorized third parties may have knowledge of this and the circumstances, in which it is realized, should not be dismissed.
9.2.2 Virus. Excel does not accept any responsibility whatsoever for any possible damages caused by computer viruses, whose absence is not guaranteed.
9.2.3 Technical Malfunction. Excel is exempt from any liability derived from the malfunction of the website or any of its services as a result of an accidental circumstance, force majeure, necessary maintenance works or any other non-imputable reason.
10- Termination and Modification
Excel reserves the right to modify, suspend or terminate the provision of its services or contents, completely or partially, at any time and without the need of prior notice to users.
Likewise, the information, presentation and services offered in this website may be subject to periodic or occasional changes, which may be freely made by Excel without the obligation to inform users.
11- Applicable Law and Jurisdiction
12- Social Media
Excel utilizes the tools offered by several social media to manage the communications with the users and offers its services in a personalized manner through these channels.
Personal Data Policy
In compliance with the provisions of the applicable Law on Protection of Personal Data, Excel informs the users of this website of the following:
Responsible: Excel Hotels & Resorts, S.A.
Data Protection Delegate: Cristóbal Villalobos Padilla, with address in Arona 38650, C/ Santa Rosa nº 5, Residential Royal Palm, Los Cristianos, Santa Cruz de Tenerife, Spain and email address: firstname.lastname@example.org.
Data Processing Purposes
1- Management and development of the contract/operation
Description: Development, control and maintenance of the contractual relationship as well as the realization and management of any operations derived from the same.
Legitimation: Execution of the contract. Exploitation Agreement of tourist property (mandate) / Invoice settlement, etc., that regulates the individual relationships with the interested party and that serves as a legal basis to formalize and maintain products and services with Excel.
Obligatory Data: Without such data invoicing is not possible.
2- Money-laundering Prevention
Description: the Interested Party has been informed of the provision of the current legislation on prevention of money-laundering that obliges Excel to obtain from its clients the information about their economic activity and to verify the same, should this be a requirement for the execution of the contract.
Legitimation: Fulfillment of a legal obligation provided for in the Law 10/2010 on prevention of money-laundering and the financing of terrorism and its development legislation.
Obligatory Data: Without these, it will not be possible to formalize the contractual relationships that require access to this personal data.
3- Data Processing related to the fulfillment of monetary obligations
Description: Excel may consult solvency and credit-standing common files to verify the economic solvency of the Interested Party, in those contractual relationships involving deferred payment or periodic billing.
Legitimation: Compliance with the legal obligation/execution of the contract provided for in the article 29 of the Organic Law 15/1999 and in the article 42 of the Real Decree 1720/2007 of 21st December that approves the Regulations to implement the Organic Law 15/1999 or regulations that replace or modify it.
Obligatory Data: Without such data it is not possible to make a contract.
4- Data transfer for fraud prevention
Description: Transfer of data to prevent fraud between Excel and the Home Owners Associations under its management.
Legitimation: Legitimate interest.
Obligatory Data: It is necessary so that Excel may mitigate the damage derived from fraud as well as preventing the same.
5- Video Surveillance
Description: It is informed that some premises subject to the exploitation and/or administration by Excel are equipped with surveillance cameras systems. The surveillance cameras systems are installed in order to control the entrance and exit from different areas, as well as for Excel’s security. Excel may not use the surveillance cameras in a way that may be incompatible with the purpose expressly described, undertaking to maintain the images recorded in good faith and for the purposes described during a maximum period of seven days.
Legitimation: Legitimate interest. Excel may install video surveillance systems in its establishments for the security of its employees and interested third parties, where images of the same will be recorded for said security purposes and access to the same.
Obligatory Data: To access the premises, offices and any other areas belonging to Excel; without such data the access is not possible.
6- Biometric Data Processing
Description: It is informed that Excel may activate biometric devices (of physical, physiological or behavioral characteristics) such as retina scans, voice recognition, facial images information as well as fingerprints or dactyloscopic data, amongst others.
Legitimation: The consent of those concerned.
Obligatory Data: Necessary for the accreditation of employees in order to access their workplace.
7- Data Processing for commercial purposes
Description: Excel will need the interested parties’ consent in order to offer and send them by any means, including electronic means, information about promotions and commercial proposals regarding its products or services, as well as for marketing purposes and to facilitate the access to promotional advantages during the contractual relationship and once it is finished. To that effect, Excel may elaborate profiles for commercial purposes based on the analysis of the personal data provided at each time, or the data that may be obtained via other public sources of information, social media or browsing data using cookies. Additionally, in order to offer those interested the most suitable services and products according to their requests and to evaluate the quality of the service provided, we inform you that your data may be used by Excel to carry out surveys directed towards that aim.
Legitimation: Except for specific cases in which there is legitimate interest, it will be necessary the consent of those concerned, consent that may be revoked at any time, notwithstanding the fact that Excel may process and communicate personal data without the need to obtain prior consent in the cases covered by a legitimate interest by Excel.
Voluntary Data: In the event that consent is not granted, this will not prevent the maintenance of the contractual relationship or realization of the respective operation in whose framework of formalization is requested. Without prejudice to this, there will be specific cases where the legitimazing circumstance is the legitimate interest, and in the cases provided by law in the article 21.2 of Law 34/2002, of 11th July, Law of Information Society Services and Electronic Commerce.
8- Transfer from the Clubs and Home Owners Associations under Excel’s management
Description: The transfer of private data of those concerned for the purpose and under the same terms expressed on the previous section, provided that those concerned consent the communication of their data between Excel and the Clubs and Home Owners Associations under its management. The sending of information related to contracts and operations, as well as commercial proposals and offers may be grouped.
Legitimation: Consent of those concerned. Such consent may be revoked at any time.
Voluntary Data: In the event that consent is not granted, this will not prevent the maintenance of the contractual relationship or realization of the respective operation in whose framework of formalization is requested.
9- Recording of phone calls of non-clients.
Legitimation: Consent of those concerned. Excel may record phone calls in order to be able to supervise the different calls that may be received from individuals who are not clients, to maintain a quality control of all calls and the information related to the products and services provided, as well as for security purposes. In any case, non-clients Interested Parties will be informed of the recording of the phone call and may not consent and end the phone call.
10- Recording of phone calls of clients
Legitimation: Legitimate Interest. Excel, based on its legitimate interest, may record the phone calls of clients in order to be able to supervise the different calls, to maintain a quality control of the calls to improve the customer care provided to its clients and the information related to the products and services provided to them, as well as for security purposes. In any case, clients who do not wish to use the telephone or do not want the recording to take place, will be able to arrange their transactions in person at Excel’s offices.
11- Anonymized and pseudonymized data processing
Legitimation: In some cases in which Excel may need to carry out specific analysis, will proceed to the complete anonymization of personal data of the Interested parties, making it impossible to link the information in a direct or indirect manner with any person. In this case, data will be added which under no circumstance will be possible to re-associate with the affected interested party, in other words, this is an irreversible anonymization process. Likewise, in order to maximize the technical safety measures, Excel will undertake pseudonymization processes.
12- Data Verification or Enhancement
Legitimation: Legitimate Interest. Excel will be able to update the Interested Party’s data either through the information provided by the Interested Party personally or through data that is manifestly public such as that derived from open profiles in social media or accessing some source that may be protected by a legal authorization (public records or credit information systems). In order to be able to comply with the principle of data accuracy, based on its own legitimate interest, Excel will proceed to constantly verify or enhance the Interested Party’s data.
Personal data provided by the Interested Party at each time, as well as data derived from operations that the Interested Party may carry out with Excel, to which Excel may access through applications, preliminary agreements, proposals of said products and services or derived from any relationship maintained with Excel, or data that may be obtained through other public information sources, social media, browsing data using cookies, or even data obtained through the use of automatic techniques based on current, historic and statistical data such as residence, assets or income and consumption data. Likewise, sometimes as a result of the product intended to be contracted, the parties may communicate data via third parties. The interested party will be obliged to inform and, where appropriate, to obtain the consent of these third parties to provide such data to Excel for the purposes that may be necessary as a result of contracting the specific product.
DEADLINES FOR CONSERVATION OF DATA
Excel will maintain the Interested Party’s data during the life of the contractual relationship and once this expires, during the prescription time of the actions that may derive from the product or operation contracted by the Interested Party.
– Authorities or official bodies of foreign countries, either inside or outside the European Union, within the framework of the fight against the financing of terrorism and serious forms of organized crime and the prevention of money laundering.
– Courts and Tribunals, State Security Forces and Corps, in case Excel may be required to communicate personal data.
-Third entities, only in cases where the Interested Party has consented to such transfer of data or it is based on the legitimate interest.
How does Excel obtain the consent of the Interested Party? The Interested Party may consent to each one of the data processing detailed in this informative Annex that is subject to consent, through the registration and update in Excel’s systems. The Interested Party may choose to consent to each of them or all of them in full, in any case, all data processing are clearly differentiated. Likewise, there will be occasions where the consent of the Interested Party is obtained at the time of proceeding with the order or contracting of the specific product or service offered by Excel.
INTERESTED PARTY’S RIGHTS
You may, under the terms established in data protection regulations, revoke at any time the authorization granted for the processing of your personal data, as well as exercise your rights of access, rectification, cancellation, limitation, deletion and portability and not to be object of automated decisions, by contacting in writing the Data Protection Delegate through his postal address in C/ Santa Rosa nº 5, Residential Royal Palm, Arona 38650, Santa Cruz de Tenerife, Spain, or through the following email address: email@example.com. Specifically, you will be able to exercise, at any time, your right of opposition on any personal data processing whose legitimacy is based on the legitimate interest of Excel.
Finally, in the event that the Interested Party deems it necessary, he / she may contact the Spanish Data Protection Agency (AEPD) with address at Jorge Juan Street, 6, 28001, Madrid, in order to safeguard his/her rights.