1. Legal Context
United Investments Portugal (Portugal) – Empreendimentos Turísticos, S.A., (“UIP”), collective person number 501577815, with registered office at Empreendimento Pine Cliffs, Pinhal do Concelho, parish of Albufeira e Olhos de Água, 8200 – 380 Albufeira, acts pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (“General Data Protection Regulation” or “GDPR”), as a controller i. e. is the entity that determines the purposes and means of the processing of personal data, processing them for its own purposes and determined by it, as well as for compliance with legal obligations.
UIP is also responsible for storing cookies on the user’s device – where prior consent has been obtained – with the primary aim of improving and analysing the use of the Site. The storage of these small text files does not imply, in principle, the collection of information that identifies users or that reasonably allows their identification (i.e. personal data).
For any questions related to the processing of your personal data, please contact our Data Protection Officer through the following means:
Esther Marijuan: email@example.com.
2. Processing Details
2.1. Purposes and legal grounds
According to the General Data Protection Regulation, the processing of personal data shall mean an operation or set of operations which is performed upon personal data or sets of personal data, by automated or non-automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
The processing of personal data for a specific purpose must meet one of the legal grounds provided for in the RGPD. The PIU may process personal data on one of the following grounds:
(i) Consent to the processing of s personal data for one or more specific purposes (Article 6(1)(a);
(ii) If processing is necessary for the performance of a contract to which the data subject is party, or for taking steps at the request of the data subject prior to entering into a contract (Article 6(1)(b));
(iii) processing is necessary for compliance with a legal obligation to which the PIU is subject (Article 6(1)(c));
(iv) processing is necessary for the purposes of the legitimate interests pursued by PIU or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child (Article 6(1)(f)).
PIU processes your personal data in accordance with the General Data Protection Regulation and related legislation for the purposes described below. The grounds for which the processing of your personal data by PIU is legitimate are identified below, together with the retention periods of your data for each of the purposes.
2.1.1 Customer registration
The Site offers the option to create an account, which has the following functions:
(v) Purchase of products and services;
(vi) Subscription of membership to ACTIVE by Serenity.
(vii) Ability for the user to view their purchases and subscriptions.
In order for users to create an account on the Site, they must provide the following details at the time of registration:
(viii) First and last name;
(xi) Telephone Number;
(xii) Email address;
(xiii) Password (created upon registration, to access the reserved area).
The above data is mandatory for the creation of the account, and the creation of the account is mandatory to be able to purchase products and services through the Site, subscribe membership to ACTIVE and consult the respective purchases and subscriptions.
The details of the treatment relating to registration on the Site are as follows:
Pre-contractual due diligence and contract execution
UIP legitimate interest
1 year after account cancellation
2.1.2. Website purchases and ACTIVE membership
Within the scope of purchases through the Site, and the subscription to membership, the details of the data processing are as follows:
Invoicing and compliance with tax and accounting obligations
Fulfilment of legal obligation
Answer and clarify questions (customer support, complaints, requests for information)
Pre-contractual due dilligence
12 months after receiving the request/claim, unless there is a dispute, in which case the data will be kept longer
Fulfilment of legal obligation
2.3.3. Direct Marketing (unsolicited communications) and profiling
UIP sends direct marketing communications if consent is obtained from the data subject at the time of purchase or subscription, through the contact form of UIP’s online and offline channels, or if the data subject, duly informed, does not object to the sending of such communications, as provided for in paragraph 3 of Article 13-A of Law 41/2004 of 18 August.
Data subjects may, at any time, object to this data processing.
Additionally, in some cases, in order to determine which communications may be of interest to the data subjects, the UIP will analyse their consumption preferences by processing the following personal data and categories of data:
(i) Purchase history;
(ii) gender, age and location.
UIP shall not make any decision based on the profiling of the data subjects that produces effects in its legal sphere.
As stated above, the segmentation carried out by UIP has as its sole consequence the customization of promotional campaigns and not any decision-making that may in any way influence or produce significant effects in the legal sphere of the data subjects.
UIP will send both personalised, profiling, and non-personalised unsolicited communications to the general universe of data subjects. In either case, these unsolicited communications for marketing purposes will be sent directly to the contacts provided by the data subjects through the following channels:
(iii) Telephone calls with and without human intervention;
(v) SMS (short message services), EMS (enhanced messaging services), MMS (multimedia messaging services) and similar mechanisms;
(vi) Direct mail addressed to the home, by post or by direct distribution.
In view of the above, for direct marketing purposes, the details of the treatment are as follows:
Sending unsolicited communications/ sending newsletters
12 months since consent was obtained
Sending unsolicited communications following the purchase of products or services on the Site
Legitimate interest (“soft opt-in” or “opt-out”)
12 months since last purchase
Segmentation to send customised communications
Legitimate interest or consent
12 months since last purchase
3. Addresses of your personal data
To enable UIP to fulfil all of its duties and provide you with the best possible service, it may be required to communicate or give access to your personal data to other entities.
UIP shall only communicate or give access to the personal data of the data subjects to the following categories of entities:
(i) Within the scope of the UIPrial group of UIP. Where the user’s interest in the products and services of any of PIU’s and UIP’s Group brands is plausible.
(ii) Entities providing services to UIP, as regards IT support; marketing and advertising services; document management; legal and accounting support; logistic support; human resources support (e.g. temporary work), website hosting, email, digital marketing, communication and public relations.
(iii) Public authorities, e.g. Tax Authorities or Judicial Courts.
(iv) Auditors internal and external to the UIP.
4. Data Subjects Rights
Data subjects may at any time request (i) access to the information which the UIP processes, (ii) rectification of the information if it is inaccurate or incomplete, (iii) the erasure or limitation of the processing of their personal data.
If the processing is subject to consent or agreement and is carried out by automated means, the data subject may have the right to the sending of the personal data previously provided, in a structured, commonly used form and in a computer-readable format.
Requests shall be handled with particular care so that the UIP can ensure the effectiveness of the data subjects’ rights. Data subjects may be asked to provide proof of their identity in order to ensure that personal data is shared only with the data subject.
Data subjects should be aware that in certain cases (e.g. due to legal requirements) their request cannot be met immediately.
In any case, you will be informed of the measures taken to do so within one month of the request being made (or within a longer period if justified by the complexity of the request).
Without prejudice to the rights set out above, data subjects also have the right to lodge a complaint with the National Data Protection Commission https://www.cnpd.pt.
To exercise their rights – described in more detail below – the data subject may contact the UIP through the email address firstname.lastname@example.org.
4.1. Direito de acesso
The holder of personal data shall have the right to obtain confirmation from UIP that data concerning him or her is or is not being processed and, where applicable, to access his or her personal data and to access the information provided for by law.
Any communications and measures taken pursuant to Articles 15 to 22 of the GDPR shall be provided free of charge. If requests made by a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the UIP may (i) require the payment of a reasonable fee taking into account the administrative costs of providing the information or communication, or of taking the measures requested; or (ii) refuse to act on the request.
4.2. Right to rectify
The data subject shall have the right to obtain from UIP, without undue delay, the rectification of inaccurate or incomplete data concerning him or her.
4.4. Right to erasure of data (“right to be forgotten”)
The data subject shall have the right to obtain from the UIP the erasure of his/her data without undue delay, and the UIP shall have the obligation to erase the personal data without undue delay, where in particular one of the following grounds applies:
(i) The personal data are no longer necessary for the purpose for which they were collected or processed;
(ii) the data subject has withdrawn his/her consent to the processing of the data (in cases where the processing is based on consent) and there are no other grounds for the processing;
(iii) the data subject has objected to the processing and there are no overriding legitimate interests which justify the processing;
4.4. Right to restriction of processing
The data subject shall have the right to obtain from the UIP the limitation of the processing if, in particular, one of the following applies:
(i) He or she contests the accuracy of the personal data, for a period enabling the PIU to verify their accuracy;
(ii) the data processing is lawful and the data subject opposes the erasure of the personal data and requests, in return, limitation of their use
(iii) The UIP no longer needs the personal data for the purposes of processing, but such data are required by the data subject for the establishment, exercise or defence of legal claims;
(iv) has opposed the processing, until it is established that the legitimate reasons of the controller override those of the data subject.
4.5. Right to data portability
If the processing is dependent on the data subject’s consent and such consent has been provided by automated means, the data subject shall have the right to receive the personal data concerning him or her which he or she has provided to the UIP in a structured, commonly used and automatic reading format.
4.6. Right to object
In cases where data processing is carried out for the purposes of the legitimate interests pursued by the UIP; or data processing is carried out for direct marketing or profiling purposes, data subjects may still object to the processing of their personal data at any time.
4.7. Consent withdrawal
If consent is legally necessary for the processing of personal data the data subject has the right to withdraw consent at any time, although this right shall not affect the lawfulness of the processing carried out on the basis of the consent previously given nor the subsequent processing of the same data based on another legal basis, such as compliance with the contract or legal obligation to which the UIP is subject.
5. Cookies storage through the Site
5.1. Definitions and types of cookies
Cookies – or similar technology that allows access to the user’s device (for ease of use, all referred to as “cookies”) – are files containing a small amount of information, sent to the user’s browser from the website they are visiting, and stored in the internal memory of their device (e.g. computer or smartphone) or in their browser. Cookies allow the website to recognise the device and to know, for example, the preferences and browsing actions associated with that device, as well as to facilitate the browsing experience, direct personalised marketing to users, among other purposes.
Whenever we are dealing with cookies that are strictly necessary to the functioning of the site or the provision of the service, these will be stored in the user’s device as soon as they visit the Site. In all other cases, this will only occur after the collection of consent.
As a rule, UIP only collects anonymous information that does not allow it to know the identity of a specific user, associating the information to a given device, without knowing, however, the identity of the user.
Cookies may be (i) session cookies, which typically expire when the user turns off the browser, whose purpose lasts only during a session, or (ii) persistent cookies, which remain beyond the session, and allow the Site to recognize the device in future interactions. These cookies remain until they expire (at the end of the period set by the party responsible) or are removed by the user.
There are also (iii) original cookies (first-party cookies), installed on the user’s device by PIU, (iv) and third-party cookies, installed by a domain different from the one visited, by virtue of PIU having incorporated such cookies in its page. These cookies involve the transmission of user information to third party entities, and the respective cookie and privacy policies should also be consulted.
Cookies that are strictly necessary do not depend on the prior obtaining of consent by the user, and are essential to the functioning of the website or the provision of the requested service (e.g. use of a shopping cart, logging into reserved areas, security measures in bank payments). Performance and statistical cookies allow information to be obtained on how the website is used. Functionality cookies make it possible to recognise a user when they return to the site, making it possible to personalise some content. Marketing cookies allow personalised marketing to be directed to the user according to their interests.
5.2. Stored Cookies
The following cookies (or similar technology), are mandatory and cannot be disabled as they are necessary for the provision of the services available on the Site and its operation.
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category “Performance”.
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category “Analytics”.
This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category “Other”.
This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category “Necessary”.
The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category “Functional”.
The following cookies or similar technology – installed by a domain other than the one visited, by virtue of UIP having incorporated these cookies in its page (third party cookies) – will be installed after your consent.
This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
The Google AdSense service we use to serve advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.
For more information on Google AdSense see the official Google AdSense privacy FAQ.
Email newsletters related cookies:
This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
5.3. How to disable
The user can configure their browser to warn them whenever new cookies are installed, clear all previously installed cookies or block certain types of cookies in advance.
For more information on how you can disable cookies in each browser engine, please consult: https://www.aboutcookies.org/how-to-delete-cookies/.