Terms of Use
1. Definition of user
Access to and/or use of emperadorhotel.com, including the private area CLUB HOTEL EMPERADOR, grants the person performing it the status of user thereof, accepting from that moment and without any reservation these Terms of Use, without prejudice to the Particular Conditions that AGUSFERFE, S.A., (hereinafter AGUSFERFE) may establish for the regulation of certain services and/or contents. In the event that the user is under 13 years of age, they must first obtain permission from their parents, guardians or legal representatives, who will be considered responsible for all purposes for all acts performed by the minors under their charge.
2. Website Owner
The information society service provider and owner of the site is AGUSFERFE, S.A., with registered office at calle Gran Vía nº 53, 28013 Madrid, with C.I.F A28860419 and address for notification purposes at the same address registered in the Mercantile Register of Madrid Volume 33, Book 28, Folio 29, Section 3ª, Page 60653-1, inscription 1ª and previously referenced and electronic address: administracion@emperadorhotel.com.
3. User Obligations
The user is obliged to use emperadorhotel.com in accordance with current law, good faith, public order and generally accepted uses and customs. Likewise, the user is obliged not to use emperadorhotel.com for illicit purposes or those harmful to the rights and/or interests of AGUSFERFE and/or third parties, and not to cause damage or impede the normal functioning of emperadorhotel.com.
4. User Responsibility
The user’s use of emperadorhotel.com shall be their sole and exclusive responsibility, in any case holding AGUSFERFE harmless from any damage and/or harm that may directly or indirectly be caused, to the user themselves or to third parties, by the user’s non-observance of these Terms of Use. In this regard, AGUSFERFE reserves the right to deny access to and/or use of emperadorhotel.com or any of its contents and/or services to any user who may have or has breached these Terms of Use. AGUSFERFE informs you that the legal conditions regulating the use or the Privacy Policy of the website are expressly and fully accepted by the mere act of accessing the site and/or using its services and contents. Therefore, it is your responsibility to periodically access the legal conditions regulating the use and privacy of the site to be aware of the successive versions that AGUSFERFE may publish.
5. Responsibilities of AGUSFERFE
AGUSFERFE is not responsible for damages and/or losses of any nature that the user or a third party may suffer derived from: (1) a third party, breaching the security measures established by AGUSFERFE, using emperadorhotel.com, its contents or services for the transmission of viruses, or accessing to carry out unauthorized processing of data stored by AGUSFERFE; (2) nor, in general, for any use of emperadorhotel.com, its services and/or contents that the user or a third party may make, contrary to the conditions of access and use thereof established by AGUSFERFE. In this sense, AGUSFERFE reserves the right to deny access to and/or use of
emperadorhotel.com or any of its contents and/or services, to any user who may have or has breached these Terms of Use.
6. Authorization to use trademarks and logos
AGUSFERFE is the owner of all industrial property rights over the brand and logo referring to the name AGUSFERFE and the domain emperadorhotel.com; it is also legally enabled to use the AGUSFERFE brand, being expressly prohibited the use or reproduction thereof beyond what is expressly provided in these Terms of Use. The user’s access to the website, the provision of services and the publication of content for their use, does not imply in any case the total or partial assignment, waiver or transmission by AGUSFERFE of the ownership of the corresponding intellectual and industrial property rights. In fact, under no circumstances may the user make use of the website as well as its contents and services that is not exclusively personal. With the exception of provisional, transitory or accessory reproduction acts that form an integral part of the technological process to facilitate access to and enjoyment of the website, no part thereof may be reproduced, distributed, transmitted, copied, publicly communicated or transformed, in whole or in part by any manual, electronic or mechanical system or method (including photocopying, recording or any information retrieval and storage system) through any medium currently known or that may be invented in the future, without the authorization of AGUSFERFE. If the user’s action or their culpable or negligent omission directly or indirectly imputable causes the infringement of AGUSFERFE’s or third parties’ intellectual and industrial property rights -whether or not there is a benefit for the user- causing AGUSFERFE damages, losses, joint and several obligations, expenses of any nature, sanctions, coercive measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or procedure, whether civil, criminal or administrative, AGUSFERFE shall have the right to proceed against the user by all legal means at its disposal and claim any indemnifiable amounts, including – by way of example and not limitation – moral damages and image, emerging damage and loss of profit, advertising costs or any other kind that may result for its repair, amounts of sanctions or condemning judgments, default interest, the cost of financing all amounts in which AGUSFERFE may be harmed, legal costs and the amount of defense in any process in which AGUSFERFE may be sued for the reasons previously exposed, for the damages and losses caused by reason of its action or omission, without prejudice to exercising any other actions that may correspond to us by law.
7. Processing of personal data
AGUSFERFE has established a Data Protection Policy (Privacy Policy) that regulates the collection, storage, processing and use of personal data provided by the user. In this regard, AGUSFERFE guarantees compliance with said policy, which can be consulted by the user by accessing the Privacy Policy link that appears in the lower menu of emperadorhotel.com.
8. Reservation of Rights by AGUSFERFE
AGUSFERFE reserves the following rights:
To totally or partially modify emperadorhotel.com, its design, contents and/or services, as well as these Terms of Use when it deems it appropriate.
To interrupt, temporarily suspend or definitively cancel emperadorhotel.com or any of its contents and/or services, at its sole and entire discretion.
To establish particular conditions and, where appropriate, the requirement of a price or other requirements for access to certain services and/or contents of the website.
To limit, exclude or condition user access when all guarantees of correct use of the site by them are not met in accordance with the obligations and prohibitions assumed by them.
To terminate the provision of a service or supply of content, without the right to compensation, when its use by users becomes illicit or contrary to what is established in the conditions that regulate it.
To undertake any legal or judicial action that is convenient for the protection of the rights of AGUSFERFE as well as third parties who provide their services or content through the website, whenever appropriate.
To demand compensation that may arise from the improper or illicit use of all or part of the services and content provided through the website.
9. Exemption and limitation of liability of AGUSFERFE
AGUSFERFE is exempt from any type of liability for damages of any nature in the following cases:
Due to the impossibility or difficulties of connecting to the communications network through which the website is accessible, regardless of the type of connection used.
Due to the interruption, suspension or cancellation of access to the websites, as well as for the availability and continuity of their operation, their services and/or contents, when this is due (i) either to an interruption due to technical maintenance services (ii) or to a cause beyond the control of AGUSFERFE, whether directly or indirectly derived from it.
AGUSFERFE assumes no responsibility regarding the services and contents, nor for their availability and conditions, technical or otherwise, of access to them, which are offered by third-party service providers, especially regarding information society service providers. Information society service providers shall be understood as those natural or legal persons who provide the following services to the public: (i) transmission over a communication network of data provided by the recipient of the service (ii) access services to the aforementioned network (iii) data storage or hosting services (iv) content or information supply (v) temporary copying service of data requested by users (vi) provision of links to content or search tools.
For damages or losses that may be caused by information, content, products and services – delimiting but not limiting – provided, communicated, hosted, transmitted, displayed or offered by third parties unrelated to AGUSFERFE – including information society service providers – through the website via links published therein.
Of the subsequent processing and use of personal data carried out by third parties unrelated to AGUSFERFE, as well as the relevance of the information requested by them.
Of the quality and speed of access to the website and the technical conditions that the user’s equipment must meet in order to access the website and its services and/or contents.
AGUSFERFE will not be responsible for delays or failures that occur in the access and/or operation of the services and/or contents of our websites and mobile devices, due to a case of force majeure.
10. Hyperlinks
AGUSFERFE prohibits the use of hypertext links without permission and the presentation by means of frames of the content available on the Sites and Online Products. Consequently, it reserves the right to disable such elements and expressly disclaims all responsibility arising from the content available on other websites, services, tools or online applications linked to the emperadorhotel.com site and its services. Therefore, the user who accesses any of them will do so under their sole responsibility.
11. Use of Cookies
To obtain information about data storage and retrieval devices on the terminal equipment of users of the AGUSFERFE website, the user can visit the corresponding Cookie Policy.
12. Electronic Publications
AGUSFERFE is not obligated to examine messages, information or content that users decide to disclose through the Sites and Online Products and, consequently, disclaims all responsibility related to such publications. Notwithstanding the foregoing, AGUSFERFE reserves the right to monitor such content when it deems appropriate, and to reject or remove those that include:
Illicit, injurious, defamatory, threatening, vulgar, obscene, blasphemous, offensive, aggressive, violent, discriminatory (for ethnic or racial reasons) or otherwise objectionable content, including, by way of illustration but not limitation, content that promotes conduct that may incur civil or criminal penalties or that violates any applicable local, national or international law.
Advertisements or requests of any kind [except on those sites where the publication of classified ads is allowed] Messages published under false identity.
Messages with personal data that reveal phone numbers, Social Security numbers, account numbers, addresses or employment references.
Messages published under false identity attributable to authorized representatives of AGUSFERFE.
Messages that enable the illicit download of information that violates privacy or intellectual or industrial property.
Messages located in individual folders by the same user and that repeatedly insist on the same argument.
Chained messages of any type.
13. Applicable Law and Dispute Resolution
The parties, expressly waiving their own jurisdiction, accept Spanish law as the governing legislation for these Terms of Use, and for the resolution of any controversies or disputes that may arise therefrom, agree to submit to the jurisdiction of the Courts and Tribunals of Madrid.
COOKIE POLICY
We inform you that at emperadorhotel.com we use cookies in order to facilitate the use and navigation through the website and improve the quality of the page according to the habits and Browse styles of users.
1. What are cookies?
These are files that are downloaded to the user’s computer, smartphone or tablet when they access a website and allow the owner of that page to store or retrieve certain information about multiple variables, such as; the number of times the page has been visited by the user, ensuring the user’s session while Browse the page, etc. It is necessary to point out that blocking all cookies may disable certain services and functionalities of emperadorhotel.com. More information at www.emperadorhotel.com in: Terms of Use and Privacy Policy.
2. Types of cookies
Below we offer information about the type of cookies used on emperadorhotel.com and their purpose:
2.1. Types of cookies according to the entity that manages them
Depending on the entity that manages the equipment or domain from which cookies are sent and processes the data obtained, we can distinguish:
First-party cookies: These are those that are sent to the user’s terminal equipment from www.emperadorhotel.com.
Third-party cookies: These are those that are sent to the user’s terminal equipment from an equipment or domain that is not managed by the editor, but by another entity that processes the data obtained through the cookies, such as www.google.com, www.youtube.com, www.shareaholic.com or www.twitter.com.
2.2. Types of cookies according to the length of time they remain activated on the terminal equipment
Session cookies: These are a type of cookies designed to collect and store data while the user accesses a web page. As their name indicates, these cookies are stored on your terminal until the user’s Browse session ends.
Persistent cookies: These are a type of cookies in which the data remains stored on the terminal and can be accessed and processed for a period defined by the cookie controller, which can range from a few minutes to several years.
2.3. Types of cookies according to their purpose
Technical cookies: These are those that allow the user to navigate through the Portal and use the different options or services that are available such as, for example, controlling traffic and data communication, identifying the type of browser, identifying the session, accessing restricted access areas, using the services made available to the user, using security elements during navigation, identifying user preferences or sharing content through social networks. This type of cookies improves the user experience by optimizing performance based on the information collected.
Behavioral advertising cookies: these are those that allow the management, in the most efficient way possible, of the advertising spaces included in the Portal. These cookies store information on user behavior obtained through continuous observation of their Browse habits, which allows a specific profile to be developed to display advertising based on it. The Portal uses behavioral advertising cookies from Iperceptions Inc., ShareThis, Inc., Gigya Inc., Oracle America, Inc. Twitter, Inc. and Facebook, Inc. that are both session and persistent.
Analytical cookies: These are those that allow us to quantify the number of users and thus carry out the measurement and statistical analysis of the use that users make of our website. For this purpose, their Browse on our website is analyzed in order to improve it. On www.emperadorhotel.com, analytical, first-party, session and persistent cookies are used for this purpose, specifically Google Analytics cookies which have different expiration periods depending on the information they offer us. Third parties such as Google, Youtube, Twitter or Shareaholic also use this type of analytical session and persistent cookies. Preferences regarding the use of this type of cookies, advertising and analytical, can be defined through the following links:
- https://tools.google.com/dlpage/gaoptout http://www.youronlinechoices.com/es/
- For more information: http://www.google.es/intl/es/analytics/privacyoverview.html.
- https://www.google.es/intl/es/policies/privacy/
- https://analitycs.shareaholic.com/
3. Who uses cookies?
The information collected through cookies on a website can be used by both the website owner and a third party that provides a service to the owner. In this sense, the information from the cookies used on www.emperadorhotel.com is processed by AGUSFERFE, S.A., and by third parties, such as Google, Youtube, Twitter or Shareaholic, regarding user behavior.
4. Cookie Management
Taking into account the information provided through this Cookie Policy, we offer you information on how you can manage the cookies used on www.emperadorhotel.com through the different options offered by the most common browsers (Explorer, Firefox and Chrome). If the installation of all cookies on the website is prevented, some functionalities of the website, as well as some contents, may be affected.
4.1. How to view cookies
All browsers offer the user the possibility to search for and view the cookies that a certain website installs, obtain information related to their duration and the possibility of deleting them, as indicated in the following section. Below, a series of informative links on this issue for the most used browsers are shown:
- Google Chrome: https://support.google.com/chrome/answer/95647?hl=es
- Mozilla Firefox: https://support.mozilla.org/es/kb/cookies-informacion-que-los-sitios-webguardaneno
- Internet Explorer: http://windows.microsoft.com/es-es/internet-explorer/deletemanage-cookies#ie=ie
4.2. How to disable or delete cookies
To disable, restrict, block or delete cookies, the user must modify the browser settings used on their terminal, whether it is a computer, smartphone or tablet.
In general, browsers offer the following configuration options in relation to the installation of cookies: o That the browser rejects all cookies and therefore, that no cookie from any website is installed on your terminal. o That the browser warns you before the cookie is installed so that you can decide whether or not to accept its installation. o That the browser only rejects third-party cookies from the websites you visit but not those used by the website you are Browse. o The private Browse option by which cookies are installed on the terminal but are automatically deleted when Browse the website ends:
- Google Chrome: https://support.google.com/chrome/answer/95464?hl=es
- Mozilla Firefox: https://support.mozilla.org/es/kb/navegacion-privada-Firefox-no-guardarhistorial-navegacion
- Internet Explorer: http://windows.microsoft.com/es-ES/windows-8/help-protect-yourselfie10?ocid=IE10_priv_Browse#firstTabControl=tab1
PRIVACY POLICY DATA PROTECTION POLICY
1. BASIC INFORMATION ON DATA PROTECTION CONTROLLER: AGUSFERFE, S.A.
- PURPOSE: Attending to various requests from the Interested Party.
- LAWFUL BASIS: Consent of the Interested Party.
- RECIPIENTS: Other companies belonging to the AGUSFERFE group. Public administrations and bodies for compliance with obligations directly enforceable against AGUSFERFE.
- RIGHTS: Access, Rectify, Oppose, Erasure, Restriction of Processing, and Data Portability of Personal Data.
- DETAILED INFORMATION: Consult the Detailed Information on Data Protection.
2. DETAILED INFORMATION ON DATA PROTECTION
This Data Protection Policy regulates the processing of personal data provided by the Interested Party through the Internet portal (hereinafter, the “Portal”) that AGUSFERFE, S.A., (hereinafter, “AGUSFERFE”) makes available to Internet users. This Policy forms an integral part of the Legal Notice accessible at all times from the Portal. The Interested Party guarantees that the data provided are true, accurate, complete and up-to-date, being responsible for any direct or indirect damage or harm that may be caused as a consequence of the breach of such obligation. In the event that the data provided belong to a third party, the Interested Party guarantees that they have informed said third party of the aspects contained in this document and obtained their authorization to provide their data to AGUSFERFE for the stated purposes. The Portal may offer functionalities to share content through third-party applications, such as Facebook or Twitter. These applications may collect and process information related to the user’s Browse on different websites. Any personal information collected through these applications may be used by third-party users thereof, and their interactions are subject to the privacy policies of the companies that provide the applications. The Portal may host blogs, forums, and other social network applications or services with the purpose of facilitating the exchange of knowledge and content. Any personal information provided by the user may be shared with other users of that service, over which AGUSFERFE has no control. In order to offer information or services of interest based on the Interested Party’s location, AGUSFERFE may access data related to the geolocation of the Interested Party’s device, in those cases where the user’s settings allow it. For technical security and system diagnostics purposes, in an anonymized or aggregated manner, AGUSFERFE may record the IP address (identification number of the device’s Internet access, which allows devices, systems and servers to recognize and communicate with each other). This information may also be used for web performance analytical purposes.
IDENTIFYING DATA OF THE DATA CONTROLLER:
Identity: AGUSFERFE, S.A., is a Spanish company registered in the Mercantile Register of Madrid, Volume 33, Book 28, Folio 29, Section 3ª, Page 60653-1, inscription 1ª and Tax ID A28860419. Postal address: calle Gran Vía nº 53, 28013 Madrid. Telephone: +34 91 547 28 00 Fax: +34 91 547 28 17 Email: administracion@emperadorhotel.com
PURPOSE OF PROCESSING:
AGUSFERFE processes the information provided by the Interested Party in order to attend to various requests made by them. Depending on the nature of the request, the purpose will pursue the management of (i) inquiries and requests for proposals, submitted through the contact form enabled for this purpose, (ii) curricula submitted through the contact form, (iii) subscription to the newsletter service, (iv) electronic communications of an informative nature, according to their interests. AGUSFERFE may develop a commercial profile based on the information provided. No automated decisions will be made based on said profile.
PROCESSING OF PERSONAL DATA IN CASE OF SENDING COMMUNICATIONS:
The data used, or provided, in informative and/or promotional communications are processed by AGUSFERFE for purposes consisting of the electronic sending of information and communications about services, activities, publications, celebrations, congratulations and social and professional events of AGUSFERFE or other companies belonging to the AGUSFERFE group in the hospitality and tourism sector. Consent for the sending of such communications may be revoked at any time in each of the communications received through the mechanism enabled for this purpose. The data retention criterion will be based on the Interested Party’s contrary manifestation to the processing. In any case, the rights of access, rectification, erasure, opposition, restriction of processing and data portability may be exercised by email to gdpr@emperadorhotel.com
PERSONAL DATA RETENTION PERIOD:
In general, the personal data provided will be kept for the time necessary to attend to the Interested Party’s request or as long as their deletion is not requested by the Interested Party. In the specific case of curricula, the data will be kept for a maximum period of one year, unless otherwise indicated by the interested party.
LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA:
The legal basis for the processing of the data is the legitimate interest by consent of the Interested Party.
CATEGORIES OF RECIPIENTS:
In those cases where the Interested Party requests, through the website, service proposals or submits curricula, their data may be provided to other companies belonging to the AGUSFERFE group in the hospitality and/or tourism sector. Likewise, the data may be transferred to public administrations and bodies for compliance with obligations directly enforceable against AGUSFERFE.
RIGHTS OF THE INTERESTED PARTY:
The Interested Party has the right to obtain confirmation as to whether AGUSFERFE is processing personal data concerning them, as well as to access their personal data, request the rectification of inaccurate data or, where appropriate, request their erasure when, among other reasons, the data are no longer necessary for the purposes for which they were collected. In certain circumstances, the Interested Party may request the restriction of the processing of their data, in which case they will only be kept for the exercise or defense of claims. In certain circumstances and for reasons related to their particular situation, the Interested Party may object to the processing of their data. AGUSFERFE will cease processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims. In certain circumstances, the Interested Party may request the portability of their data. In the event that they wish their data to be processed by another firm, AGUSFERFE will facilitate the portability of their data to the new controller whenever possible. The Interested Party may raise any questions they deem appropriate in relation to this Policy as well as exercise their rights in the legally established terms by sending a communication by postal mail to: AGUSFERFE, S.A., with address at calle Gran Vía nº 53, 28013 Madrid, Spain, or by email to: gdpr@emperadorhotel.com indicating the corresponding request and accompanied by a copy of their ID card or document proving their identity.
