Privacy Policy and Remote Contracting

Privacy Policy and Remote Contracting

Your privacy matters to us.

At FUERTEGROUP, S.L., hereinafter referred to as AMARE HOTELS, as the responsible entity for this website, we want to provide you with the highest legal guarantees regarding your privacy and explain as clearly and transparently as possible everything related to the processing of personal information on this website. This privacy policy was last updated on 24/07/2024 (AMARE HOTELS reserves the right to modify this policy to adapt it to legislative developments or industry practices, informing you of any changes and their date).

This Privacy Policy is intended as an additional layer of information beyond that requested through other means and is valid for personal data obtained on the Website. It does not apply to information collected by third parties on other websites, even if these are linked to the Website.

AMARE HOTELS has adapted this website to comply with the requirements of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), and also complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons (GDPR), as well as Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE).

1. Who is responsible for your data?

• Company name: FUERTEGROUP, S.L. (AMARE HOTELS), jointly responsible for processing, together with the hotel where you are staying. In the flight + hotel section there is an independent data controller.
• CIF/NIF: B-92120237
• Registered in the Malaga Commercial Register in Volume 2500, Book 1413, folio 132, Section 8, Sheet MA-40981
• Email: [email protected]
• Phone: +34 917 941 284
• Data Protection Officer: [email protected]
• Registered address: Severo Ochoa, 28, 9º A, 29603 Marbella (Málaga).

2. How did we obtain your data?

The personal data processed at AMARE HOTELS are never particularly sensitive, except to cover special needs of accommodated customers. In addition to the data processed as part of our business operations, such as data from customers, suppliers, and staff, we also process data obtained from:

• Contact form: Name, Email, phone number, and message.
• Reservation form: Name, Email, phone number, reservation dates, credit card details, and connection data.
• Flight + hotel: Independent and successive data controller.
• Friends Club: Membership number.

3. For what purpose do we process your personal data?

At AMARE HOTELS, we process the information provided by interested parties for the following purposes:

• Contact. To get in touch with you to respond to your message, using the email address or other contact means provided, including instant messaging if you consent.
• To manage the hotel accommodation service, payment, and related informative, administrative, accounting, and tax management.

• Other purposes for which we process your personal data include:

• To provide personalized contractual accommodation services at the hotel where you stay and at the central office of Fuertegroup, as well as any other requests you make (golf, events, spa, transfer, etc.). Personal data will be processed for billing purposes and, if necessary, for appropriate collection management. Also, for conducting quality surveys and courtesy communications (e.g., birthdays or special events with gifts).
• To manage special needs and intolerances with your consent.
• To comply with various legal obligations, including communication to law enforcement agencies (daily traveler registration).
• To ensure the security of the facilities and communicate with competent public authorities in case of detecting a possible infraction. For employees, data may also be used for labor control and logistics management.
• To send you information and advertising about group services related to accommodation, leisure, dining, and real estate, by any means (mail, SMS, phone, letter, etc.) with your consent. You can revoke your consent at any time by sending an email to [email protected].
• For the Friends Club, for loyalty purposes, to analyze and monitor your stays, personalize services according to your preferences, and send you information and advertising about group services related to accommodation, leisure, dining, and real estate.
• For customers who have confirmed their reservation, data will be processed for customer knowledge and preference surveys, including health data to adequately meet your accommodation and catering needs.
• To promote the group’s accommodation and leisure services on the company’s digital platforms (social networks, website, etc.), including the publication of images of hotels and their activities with your consent or anonymously.
• To manage the hotel’s free Wi-Fi system, data may only be used in case of detecting a possible infraction or if required by competent public authorities.
• To ensure compliance with the terms of use and applicable laws. This may include the development of tools and algorithms that help this website ensure the confidentiality of the personal data it collects.
• To support and improve the services offered by this website.
• We also collect non-identifying data obtained through some cookies that are downloaded to the user’s computer when browsing this website, as detailed in the cookie policy.

AMARE HOTELS does not sell, rent, or transfer personal data that can identify the user to third parties without prior consent. As a user or customer, you are solely responsible for the accuracy and correctness of the data you provide, exonerating AMARE HOTELS from any responsibility in this regard. The user guarantees and is responsible for the accuracy, validity, and authenticity of the personal data provided, committing to keep them properly updated.

Acceptance and consent: The User declares to have been informed about the conditions regarding personal data protection, accepting and consenting to the processing of such data by AMARE HOTELS in the manner and for the purposes indicated in this privacy policy.

4. How long will we keep your data?

If you are a customer of AMARE HOTELS, your data will be kept for the duration of the contractual relationship. Once the contract is completed, AMARE HOTELS will keep your personal data blocked for the legally required prescription periods.

If the data were provided through our contact forms or the contact email, they will be kept until the reason for their collection ends.

If the data is based on consent, it will be retained until the consent is revoked.

Data related to legal obligations will be kept for the legally established periods.

In any case, we will retain your data to comply with applicable legal requirements, prevent unlawful actions, resolve disputes, and for other actions permitted by law. Once your data is no longer needed, we will delete and/or block it in accordance with our data retention and deletion policy and the legal prescription periods according to current regulations. After these periods, we will destroy your data.

5. What is the legal basis for processing your data?

The legal basis for processing your data as a user who contacts us through our forms is your consent. The same applies to the Friends Club loyalty system. The legal basis for sending commercial communications is consent. If you are a customer, the legal basis for processing your data is our contractual relationship. Communication to public authorities is performed under legal obligation. Video surveillance is based on the fulfillment of a public interest mission. Revocability: The consent given can be revoked at any time by communicating it to AMARE HOTELS as established in this Policy for the exercise of rights. Revocation will not have retroactive effects.

6. Browsing

When browsing the website, non-identifiable data may be collected, which may include IP addresses, approximate geographic location, a record of how our services and sites are used, and other data that cannot be used to identify the user. Non-identifiable data also includes browsing habits through third-party services detailed in the Cookies section. We use this information to analyze trends, administer the site, track user movements around the site, and gather demographic information about our user base as a whole.

7. Data confidentiality and security

AMARE HOTELS is committed to using and processing the personal data of users, respecting their confidentiality and using them according to the purpose for which they were collected, as well as complying with its obligation to safeguard them and adapt all measures to prevent their alteration, loss, processing, or unauthorized access, in accordance with the current data protection regulations. It is not possible to guarantee absolute invulnerability of the Internet and, therefore, the violation of data through fraudulent access by third parties, but we have taken the appropriate measures to prevent it as much as possible.

Confidentiality of processing: AMARE HOTELS will ensure that any person authorized by our company to process Customer, candidate, subscriber, or User Data (including its staff, collaborators, and providers) will be under an appropriate confidentiality obligation (whether contractual or legal).

Response to a security incident: In the event of a Security Incident with a scope or impact contemplated by regulations, AMARE HOTELS must notify the Customer or User without undue delay and must provide timely information related to the Security Incident and/or the measures taken.

8. Who will your data be communicated to?

To our external service providers for website management or to meet your external service requests, and generally for the purpose of performing these functions on behalf of AMARE HOTELS. And to the competent public authorities to comply with legal obligations. The AMARE HOTELS website may provide access to other websites, including official profiles of AMARE HOTELS on social networks or flight+hotel reservations, informing you that by clicking on such links, you will be redirected to a page for which AMARE HOTELS is not responsible. You should be aware that the owners of these external websites to AMARE HOTELS may collect, use, or transfer your Personal Data under different conditions and terms, recommending that when you contact one of these Websites, you inform yourself about their privacy policy, general terms of use, or the use they may make of their cookies as we cannot control how these Websites use the personal information you disclose. AMARE HOTELS informs you that it will carry out processing assignments to third parties in accordance with the GDPR, requiring the processor to comply with all data protection guarantees. All utilities offered by third parties are strictly necessary for the development of our services and have been selected based on compliance with the rights we preserve on this website. We inform you that your personal data may be communicated to recipients located in countries outside the European Economic Area; however, in these cases, our provider will be subject to agreements that comply with European and Spanish legislation. Specifically, services from:

• Analytics services (Google Analytics): a web analytics service provided by Google, Inc., a Delaware company whose main office is located at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help AMARE HOTELS analyze how users use the website: user preferences, demographic characteristics, or traffic patterns. The information generated by the cookie about your use of www.amarehotels.com (including your IP address) will be transmitted to and stored by Google on servers in the United States. More information in the Cookies section. To develop our web activity, AMARE HOTELS uses the following providers under their respective privacy conditions:
• Hosting: Ibermática, DataRush, or Raiola Networks, depending on the group’s website.
• Web platform: org. It processes data for the purpose of providing its website support services. You can consult its privacy policy at: https://wordpress.org/

There are other companies that provide direct services to AMARE HOTELS (consulting, IT, legal, data protection, etc.) that may have access to the personal information necessary to perform their service functions as data processors, but they may not use it for other purposes and must always comply with applicable data protection legislation.

9. What are your rights when you provide us with your data?

You can exercise your rights granted by the GDPR free of charge before AMARE HOTELS, namely, your rights of access, rectification, deletion, opposition, portability, and limitation by any means that allows you to prove the sending and receiving of your request. The request must be addressed to AMARE HOTELS, through the details included in the “Data Controller” section or to the email account [email protected], indicating the reference “Data Protection”. The request must include: Name, surname(s), and proof of identity, the specific request being made, and an address for notifications. You can file a complaint with the supervisory authority, in this case, the Spanish Data Protection Agency (www.aepd.es), if you believe that the processing of personal data concerning you violates the Regulation.

10. What are the conditions of remote contracting?

Access to the page does not imply in any way the existence of a commercial relationship between the user and the company. The portal only provides information about available hotel vacancies at the time of requesting such information, so if you make an online reservation, you are contracting directly with the hotel and not with the portal. The printed version of the reservation made serves as a locator when you arrive at the hotel. Booking hotel nights on this website implies the client’s adherence to and acceptance of all the general conditions set out here. By accepting the following clauses, you declare and accept:

• To be of legal age and have full capacity to make the reservation, stating that you understand and comprehend all the conditions found on the website.
• That the data provided when making the online reservation are true, complete, and concise.
• Only the pages included within the web map are included on the website.
• That access to this website is the user’s responsibility.
• That once the reservation is made, the electronic document in which it has been formalized will be archived, and you will be able to access it at any time.
• That you confirm the reservation made, i.e., the dates indicated, the number of rooms, people, and the chosen Hotel.
• The conditions and price of the reservation made are those expressly determined in the tariff conditions included on the page where you make the reservation.
• Regarding the relationship with the portal, it gives you the possibility of booking rooms in the chosen hotel through its website, but it does not offer any hotel services under its responsibility.
• Your card details are collected to guarantee the reservation in compliance with the PSD2 regulations on electronic payment services.
• Unless you make a non-refundable reservation, which will entail payment upon making the reservation, the payment for the accommodation service contracted will be made in cash upon arrival at the chosen hotel, and only in the event of cancellations or no-shows will the reservation be canceled and the fee specified in the tariff conditions will be charged.
• Offers are only valid as long as they remain accessible to service recipients.
• Pursuant to Article 103,l) of Royal Legislative Decree 1/2007, of November 16, on the General Law for the Defense of Consumers and Users, you are informed that the hotel accommodation service, having a specific date or period of execution, does not allow the right to withdraw from the accommodation contract once it has begun to be fulfilled.
• You have at your disposal the Internal Regulations of the chosen hotel to know the rights and obligations of its clientele.