Legal texts - version 3 03-2018
1.1 Legal Warning (Law on Information Society Services and Electronic Commerce)
1.3 Cookies Policy
1.1 Legal Warning (Law on Information Society Services and Electronic Commerce)
In accordance with Article 10 of Spanish Law 34/2002, of 11 July 2002, on “Information Society Services and Electronic Commerce”, we hereby inform you of the following:
CORPORACIÓN H10 HOTELS, S.L., (hereinafter GRUP H10 HOTELS), domiciled at calle Numància, 185-1ª 08034 Barcelona, with National Tax ID no. B62116942, and registered in the Trade and Companies Register of Barcelona under Volume 32.136, Folio 1, Sheet B-201.867, Registration 1ª, is the owner and person in charge of operating, managing and running the website www.h10hotels.com (“Website”), which can be visited via the domain www.h10hotels.com and its subdomains.
From now on, CORPORACIÓN H10 HOTELS, S.L. and all the companies of its business group will be called, together, as GRUP H10 HOTELS.
The use of the Website attributes the status of user, and implies full and unreserved acceptance of all the provisions included in this Legal Warning, in the version published by GRUP H10 HOTELS at the time the user accesses the Website. As a consequence, the user must read this Legal Warning carefully each time they decide to use the Website, since it may undergo modifications.
DISCLAIMER AND LIMITATION OF LIABILITY
- For information on the Website
GRUP H10 HOTELS makes every effort to avoid errors in the content of the Website. Notwithstanding the foregoing, the information and services on or available through the Website may include inaccuracies or spelling mistakes.
The information on the Website is accurate on the date of the last update. GRUP H10 HOTELS reserves the right to update, amend or remove information from the Website, and may limit or refuse access to it.
GRUP H10 HOTELS reserves the right to make any changes or amendments it deems fit, and may do so at any time and without prior warning.
The contents of the Website are only intended as information about the supply of services and prices, in accordance with the provisions of this Legal Warning and the rest of the legal texts on this website.
GRUP H10 HOTELS reserves to right to prevent or refuse access to the Website of any Internet user who enters any information on this website that contravenes legal or moral rules, and reserves the right to take whatever legal actions it deems appropriate to avoid this type of behaviour.
Service quality and availability
GRUP H10 HOTELS accepts no responsibility for interrupted or poorly-working services or content on the Internet, whatever their cause may be.
GRUP H10 HOTELS is not responsible for damages of any kind caused to users who are using browsers or versions of browsers other than those for which the Website was designed.
GRUP H10 HOTELS is not responsible for network outages, loss of business resulting from these outages, temporary electrical power outages or any other type of suspensions.
GRUP H10 HOTELS does not guarantee that services or contents will be uninterrupted or error-free, that the errors will be corrected nor that the service or server will be free from viruses or other harmful components, notwithstanding GRUP H10 HOTELS will do their utmost to prevent this type of incident.
Content linked through the Website
GRUP H10 HOTELS is not responsible for websites belonging to others or third parties which can be visited via links from the Website, or any other content, commercial activity, products and services made available by third parties.
The use of a link or access to a website belonging to others is done exclusively at the choice and risk of the user. GRUP H10 HOTELS does not recommend or guarantee any information obtained through a link outside its website and it is not liable for any loss, claim or damage derived from the use or misuse of a link, information obtained through it, including other links or websites, an interruption to the service or access, the use or misuse of a link, upon connection to the Website and access to information from other websites from the same Website.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The structure, design and presentation of the elements available on this website (graphics, images, logos, colour combinations and any other element eligible for protection) as well as photos, video clips, sound clips and any other material found on the Website are protected by intellectual property rights belonging to GRUP H10 HOTELS.
Reproducing, altering, distributing, publishing, or making information available to the general public is forbidden, as is other kinds of exploitation—partial or full—of the elements stated in the previous paragraph. Such acts of exploitation can only be carried out with the authorisation of the GRUP H10 HOTELS and, in all circumstances, must make explicit reference GRUP H10 HOTELS’ ownership of these intellectual property rights.
The user only is authorised to make private use of the documentary material produced by GRUP H10 HOTELS. The user must refrain from deleting, altering or manipulating any protective device or security system installed.
Unless GRUP H10 HOTELS has given its authorisation, links to "final pages", "frame", or any manipulation of this sort is strictly forbidden. Links must always be on the main page or “home page” - www.h10hotels.com
Distinctive signs (trademarks, trade names, logos, symbols) belonging to GRUP H10 HOTELS are protected by industrial property rights, meaning the use or manipulation of any of these, unless written authorisation from GRUP H10 HOTELS has been given, is strictly forbidden.
SECURE ONLINE SHOPPING
Security is a priority for GRUP H10 HOTELS, which is why we make every effort to ensure that our transaction processes are secure and your personal information is protected.
We do not share your personal information
GRUP H10 HOTELS will never e-mail or call you to request that you provide your personal details or you verify your account password, debit or credit card number, or any other type of personal information. In the event that someone does contact you or you receive an unsolicited email asking you for the aforementioned information, please do not respond and inform GRUP H10 HOTELS immediately so that we can investigate this incident.
Notwithstanding the foregoing, if you have not finalised the online booking process on our Website, we may send you a reminder email to continue the booking. We hope that this service helps you to continue the process without having to look for the accommodation or fill in the booking form again.
Identify fake emails (“spoofing” or “phishing” attempts)
Please ignore any email you receive requesting personal information or that redirects you to a page that is not the property of GRUP H10 HOTELS or its group companies, or that asks you to pay by means other than the one authorised by GRUP H10 HOTELS, as it could be an attempt at impersonation (“spoofing” or “phishing”) and would be considered fraudulent.
GRUP H10 HOTELS uses the “h10hotels.com” domain for its emails. If you receive an email with a different domain format (for example, firstname.lastname@example.org). you can be sure that it is a fake email.
Some “phishing” emails contain links to websites that use the words “h10hotels” in their URL, but they will direct you to a completely different website. If you hover the mouse above the link, you will be able to see its associated URL, which will most likely have a different format to those linked to authentic GRUP H10 HOTELS websites.
However, if you do click on the “phishing” mail and you are redirected to a page that resembles “My Account” or any page that asks you to modify your personal information, please ignore it and regard it as fraudulent.
Inform us about “phishing” attempts
Please send an email to: email@example.com and attach the email you believe to be fake. By providing us with the information, you are helping us to locate its origin.
If you are unable to attach the fake email, please forward it to firstname.lastname@example.org and include as much information as possible about the email.
Information for the purchaser regarding the ecommerce resolutions platform
The Purchaser of products from the Website is hereby informed of the online dispute resolution platform.
In accordance with Article 14.1 of Regulation (EU) No. 524/2013:
The European Commission provides a dispute resolution platform available by clicking on the following link:http://ec.europa.eu/consumers/odr/.
Consumers may submit their claims through the online dispute resolution platform.
APPLICABLE LEGISLATION AND JURISDICTION
Each of the points in this Legal Warning is governed by Spanish Law.
In conformance with the provisions established by 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, we hereby inform you that personal information entered in these forms, as well as your email address, have been incorporated into a processing file belonging to CORPORACIÓN H10 HOTELS, S.L. , (hereinafter GRUP H10 HOTELS),whose business address is Calle Numància, 185-1ª 08034 Barcelona, with National Tax ID no. B62116942, and is registered in the Trade and Companies Register of Barcelona under Volume 32.136, Folio 1, Sheet B-201.867, Registration 1ª. Email: email@example.com, in order to respond to your queries and send you information related to the products and services offered by GRUP H10 HOTELS.
The personal data provided through the forms of the Web, as well as your email address, will be included in a file owned by GRUP H10 HOTELS.
GRUP H10 HOTELS deems guaranteeing personal data protection essential, so that the intimacy and privacy of all interested parties (data holders) are protected, as highlighted in this Policy, and undertakes to guarantee the legal requirements stipulated by the applicable legislation on personal data protection at all times.
Thedata collected through the Website is incorporated into the processing of WEBSITE USER/NEWSLETTER items, to which this Policy will be applied and whose controller is GRUP H10 HOTELS.
To answer your enquiry or fulfill your information request, GRUP H10 HOTELS may need to communicate your information to the other companies comprising the GRUP H10 HOTELS.
Also, due to the characteristics of the activity and the services provided by GRUPO H10 HOTELS, the data collected through the Website may be transferred to the companies that own and operate the H10 hotels in any country in the world, as well as to third-party companies of the tourism sector when it is necessary for the correct provision of the contracted service.
In this case, GRUP H10 HOTELS guarantees that this Policy will be applied to the company in question and that your data will be processed in accordance with the requirements of the legislation applicable.
COLLECTION AND PROCESSING
The main features of WEB/NEWSLETTER USERS processing are:
-Purpose of processing
a. To provide the information requested by the interested parties in the web form or questionnaire.
b. Resolve the issues raised.
c. Send information about product or service offers.
- Data Handler
In the event that the processing of your personal data is carried out by a third-party in charge of processing information on behalf of GRUP H10 HOTELS, it guarantees that it will only chose a data handler that can sufficiently guarantee the application of the appropriate technical and organisational measures, so that processing is in line with the requirements of the legislation applicable and guarantees the protection of the interested party’s rights.
Legal Basis - Consent
By filling out the forms available on the Website, the interested party gives their consent for their personal data to be incorporated into the file, which is subject to processing in accordance with this Policy.
In the same way, where appropriate, users consent to allowing GRUP H10 HOTELS to send them regular information about the business group’s offers on activities, products or services.
The user may, at any time, object to these mailings by sending an email to the following email address: firstname.lastname@example.org and writing “UNSUBSCRIBE FROM MAILING LIST” in the subject line.
GRUP H10 HOTEL applies the levels of security for protecting legally required personal details and has installed all of the technical means and measures available to it in order to prevent the loss, misuse, alteration, unauthorised access and theft of the data.
RIGHTS TO ACCESS, RECTIFICATION, CANCELLATION, OPPOSITION, PORTABILITY AND LIMITATION
The holders of the data contained in the WEBSITE USERS/NEWSLETTER processing and the data contained in any of GRUP H10 HOTELS processing may inform the company if they wish to exercise their rights to access, rectification, cancellation, opposition, portability and, where appropriate, limitation, within the legally established terms.
To do so, the interested party should send a written letter and a photocopy of their national ID document or equivalent document to GRUP H10 HOTELS, C/Numància, 185-1ª - 08034 BARCELONA, or by email to email@example.com, , and write “DATA PROTECTION” in the subject line.
GRUP H10 HOTELS reserves the right to modify this Policy in order to bring it into line with new legislative or jurisprudential developments and those that may stem from standard codes of conduct on data protection. Any such changes will be announced on our Website in advance, notwithstanding the need to request the affected parties for the necessary consent if such consent could be construed as not having been given in accordance with terms set out in this Policy.
If you have any queries, questions or comments about this Policy, please do not hesitate to contact us by writing an email to: firstname.lastname@example.org.
1.3 Cookies Policy
What are Cookies?
Cookies are text files stored on the user’s computer or device (smartphone, tablet) browser as they navigate webpages and are used to store information about your visit.
Cookies are used to:
• Ensure that webpages are working properly.
• Store preferences like languages or font size.
• Find out about the user’s browsing experience.
• Collect anonymous statistical information, such as the pages the user has visited and how long they have spent on the website.
Type, purpose and functionality
Based on their lifetime, cookies can be grouped into session cookies or persistent cookies. The former expire once the user closes their browser. The latter expire once their purpose has been fulfilled or they are manually deleted.
In addition, depending on their purpose, Cookies can be classified as follows:
• Strictly necessary (technical): These cookies are essential for a page to run properly. They are normally generated once the user visits the website or logs in and are used as a form of identification on the website with the following objectives:
They keep the user identified in such a way that, if they leave the website, exit the browser or device and then visit the page at a later time, they continued to be identified, which makes browsing easier as they do not have to identify themselves over again.
To check if the user is authorised to access certain Services or areas of the website.
• Performance: They are used to improve the browser experience and optimise the performance of the website, for example, they store service settings or a purchase in the shopping cart.
• Advertising: These cookies collect information about adverts shown to website users. There are two types:
Anonymous: They only collect information about adverts shown on the website regardless of the user accessing the site, i.e., without identifying themselves specifically.
Custom: They collect the user’s personal information from the website on behalf of a third party, in order to customise ad spaces.
• Geolocation: These cookies are used to determine the country of the user when they visit a service on a website, in order to offer content and services suitable to their location.
• Analytical: They collect information about the user’s browsing experience on the website, normally on an anonymous basis, although on occasions they allow the user to be uniquely and unequivocally identified in order to obtain reports on users’ interest in the services on the website.
• Level 1: Cookies strictly necessary to provide the service requested by the user.
• Level 2: Performance cookies (anonymous) necessary for content and browsing maintenance. The user only needs to be informed of their existence.
• Level 3: Cookies managed by third parties that follow up on the user through other websites that do not belong to the owner of this website. They normally correspond to advertising or analytical cookies that identify the user in a unique and clear way.
The user may, at any time, disable the user of cookies by changing their browser settings, for example:
Google Chrome http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647
Windows Explorer http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-9
Apple Safari http://support.apple.com/kb/ph5042
We hereby inform you that GRUP H10 HOTELS does not user any type of “cookies” on h10hotels.com for personal data processing that would identify specific individuals.
DOMAIN Name of the “Cookie” Expires Information Level
h10hotels.com see_legal Permanent Controlled copy of the legal texts 1
h10hotels.com hideBookingPanel 1 day It is used to hide or show the “Make a booking” element on the website and improve the user’s experience on certain pages. 1
h10hotels.com cookieuserdisplayname 1 day It is used to store and/or show the user’s name on any part of the website. 1
h10hotels.com cookieusername 1 day It is used to store and/or show the user’s name for the internal use of the website. 1
h10hotels.com cookieuserh10state 1 day It is used to differentiate between a repeat user and a first-time visitor. 1
h10hotels.com cookieuserlastname 1 day It is used to store and/or show the user’s surname on any part of the website. 1
h10hotels.com cookieuserlastname2 1 day It is used to store and/or store the user’s second surname on any part of the website.
h10hotels.com cookieusercountry 1 day It is used to store and/or show the user’s country on any part of the website. 1
h10hotels.com cookieuserpostalcode 1 day It is used to store and/or show the user’s postcode on any part of the website. 1
h10hotels.com cookieemail 1 day It is used to store and/or show the user’s email address on any part of the website. 1
h10hotels.com cookiephone 1 day It is used to store and/or show the user’s telephone number on any part of the website. 1
h10hotels.com cookiecodigoclienteclub 1 day It is used to store and/or show the Club H10 card number on any part of the website. 1
h10hotels.com cookiecodigoclub 1 day It is used to store and/or show the type of Club H10 card on any part of the website (Club H10, Class, Grand Class) 1
h10hotels.com metasearch 1 day They are used to store and/or show if the user comes from Trivago. 1
agencianame 1 day They are used to store and/or show the name of the agency on any part of the website. 1
h10hotels.com agenciacode 1 day They are used to store and/or show the agency’s code on any part of the website. 1
h10hotels.com agenciadisplayname 1 day They are used to store and/or show the name of the agency on any part of the website. 1
h10hotels.com agenciausername 1 day They are used to store and/or show the agency user’s name on any part of the website. 1
h10hotels.com agenciapassword 1 day It is used to store the agency’s encrypted password on any part of the website. 1
h10hotels.com cookieprofile 1 day It stores the profile the user selects in the website header. There are 4 options: “All”, “Family” or “Business”
h10hotels.com currentProtocol 1 day The http or https protocol etc is used for the exchange of information between servers and clients. 1
h10hotels.com visitedweb 1 day It is used to indicate whether the user has previously visited the website. 1
h10hotels.com profile 1 day It stores the profile the user selects in the website header. There are 4 options: “All”, “Family” or “Business”
h10hotels.com BookingIDParams 1 day It is used to store and/or store the user’s search variables: destination, hotel, arrival date, departure date and length of stay. 1
h10hotels.com BookingPrice 1 day It is used to store and/or show the price of the booking. 1
THIRD PARTY COOKIES
h10hotels.com Various 1 to 30 days Different third party cookies are used for SEM campaigns, meta search engines, display marketing, pop-up messages, chat tools to talk to the hotel, price comparisons and web analytics, etc. 3
Once all the information provided has been read, we hereby notify the user that, if they continue to browse our website without having taken appropriate measures to customise their browsers, to prevent installation of the cookies used by it, they are hereby giving their consent to the use of the abovementioned mechanisms within the terms of Article 22.2 of Law 34/2002 of the Spanish Law on Information Society Services and Electronic Commerce, according to the interpretation given by Spanish Royal Decree 13/2012 of 30 March 2002, which transposes Directives on the internal market for electricity and gas and electronic communications.