The Vital Touch in Spain naturally takes your privacy very seriously and will safely process and use all information we have about you. Because most companies’ privacy statements are drafted in incomprehensible legal language, we have listed the most important points for you in (more or less) ordinary English (at least we´ve tried to, but in places this has not been so easy ;-). It’s useful that we understand what we promise you, right? If anything is unclear, send us a mail to firstname.lastname@example.org or call +34 659 995 657
This policy applies to all data collected by The Vital Touch via the website, telephone, the newsletter, in competitions and in other ways.
This privacy statement is quite long and to make it easier to find what you are looking for you can scroll down to the specific topics described below:
1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW YOUR PERSONAL DATA IS COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. HOW WE DISCLOSE YOUR PERSONAL DATA AND THE DATA WE COLLECT ABOUT YOU
6. HOW WE SECURE YOUR DATA
7. HOW LONG WE RETAIN YOUR DATA FOR AND THE DATA WE COLLECT ABOUT YOU
8. YOUR LEGAL RIGHTS
Purpose of this privacy notice
This privacy notice aims to give you information on how The Vital Touch collects and processes your personal data, including any data you may provide through this website or via any other means (such as over the telephone) when you purchase services, when you sign up to our newslette.
It is important that you read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
The Vital Touch. is the controller and responsible for your personal data.
Our full details are:
Full name of legal entity: The Vital Touch
Email address: email@example.com
Postal address: Calle Muntaner, 9, Barcelona, España
Telephone number: 0034 659 995 657
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if any of the details you provide to us should change, during the course of your relationship with us.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
(A) Identity Data
This includes data relating specifically to your identity, such as your first name, maiden name, last name or similar identifier, title, date of birth, gender, nationality and passport details.
(B) Contact Data
This includes data relating to how you may be contacted, such as your (postal) address, email address and telephone numbers.
(C) Financial Data
This includes data relating to your means and methods of payment, such as your bank account and payment card details.
(D) Transaction Data
This includes data relating to the transactions you have carried out with us, such as details about payments to and from you and other details of services you have purchased from us.
(E) Technical Data
This includes more technical data that we may obtain when you make use of our website, such as your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
(F) Profile Data
This includes the data that we receive when you make an enquiry or booking such as, your preferences, feedback and survey responses.
(G) Usage Data
This includes information about how you use our website and services.
(H) Marketing and Communications Data
This includes your preferences in relation to whether or not you want to receive marketing from us and our third parties and also your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we will treat the combined data as personal data which will be used in accordance with this privacy notice.
We use different methods to collect data from and about you including through:
(A) Direct interactions
You may provide us with your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• make an enquiry or booking
• subscribe to our newsletter or other publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us some feedback; or
(B) Automated technologies or interactions
As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns.
(C) Third parties
We may receive personal data about you from various third parties as set out below:
• Technical Data from the following parties:
(i) analytics providers such as Google based inside and outside the EU;
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(a) Identity;
|(a) Performance of a contract with you (where you make a booking with us).
(b) Necessary for our legitimate interests (so we can process your enquiries and bookings)
|To send help requests to our team so they can reply back to you||(a) Identity;
|(a) Performance of a contract with you (where you make a booking with us).
(b) Necessary for our legitimate interests – so we can assist you with your booking
|To confirm, amend or deliver your booking through The Vital Touch in Spain to process and deliver your booking including:||(a) Identity;
(e) Marketing and Communications.
|(a) Performance of a contract with you;
(b) Necessary for our legitimate interests (to secure deposit payments and debts due as per the properties’ payment or cancellation policy), to keep our records updated, to enable us to contact you to amend bookings and facilitate additional payments or refunds should this be required
|To receive newsletters, rewards, and notifications of special offers||(a) Identity;
|(a) Consent; The Vital Touch can send you newsletters when (i) you have made an enquiry/booking through one the web. (ii) if you registered yourself for the personalized The Vital Touch newsletter.|
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).||(a) Identity;
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise);
(b) Necessary to comply with a legal obligation.
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we send to you||(a) Identity
(e) Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our website, services, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
If you wish to view and/or amend your personal data or unsubscribe from our marketing material, please contact us
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant to you (we call this marketing).
If you have signed up for our newsletter and other promotional material, these e-mails can be personalized based on your personal details, past purchases and / or surfing habits.
We will obtain your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time (by following the opt-out links on any marketing message sent to you or contacting us at any time).
Where you opt out of receiving these marketing messages, this will not apply to personal data that you have provided to us as a result of a purchase of services or other such transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to receive an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
The Vital Touch will not sell or rent your information to or share with third parties for marketing purposes.
We may pass on your personal data to a third party if we have to provide or share it in order to comply with a legal obligation.
The Vital Touch will take all appropriate technical and organizational measures to protect your personal data against loss or unlawful use. We cannot guarantee the security of information that is sent to us via the internet/email.
In case of any suspected personal data breach we will immediately notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In addition to the above, by law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes.
The information collected by Google analytics can be stored indefinitely and used for the purposes it was obtained for.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
In the event that we actually process your personal data, you remain the owner of your data. That is why you have the right to:
(A) Request access to your personal data – (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
(B) Request correction of your personal data – This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
(C) Request erasure of your personal data – This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
(D) Object to processing of your personal data - where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
(E) Request restriction of processing your personal data – This enables you to ask us to suspend the processing of your personal data in the following scenarios:
(a) if you want us to establish the data’s accuracy;
(b) where our use of the data is unlawful but you do not want us to erase it;
(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
(d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
(F) Request transfer of your personal data – to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
(G) Right to withdraw consent – where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
• Legitimate Interest
means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
• Performance of Contract
means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
• Comply with a legal or regulatory obligation
means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
• External Third Parties
i. ii. Service providers [acting as processors] based in the EU who provide IT and system administration services.
iii. Professional advisers [acting as processors or joint controllers] including lawyers, bankers, auditors and insurers based in the EU who provide [consultancy, banking, legal, insurance and accounting services].
iv. Regulators and authorities acting as processors or joint controllers based in the EU who require reporting of processing activities in certain circumstances].