- Data controller
1.1 The data controller is Hôtel Restaurant & Spa Le Nessay, whose registered office is located at Presqu’île du Nessay, boulevard du Bechay, 35800 Saint-Briac-sur-mer (hereinafter “Hôtel Restaurant & Spa Le Nessay”). In this respect, Hôtel Restaurant & Spa Le Nessay – and/or its service providers acting in its name and on its behalf – determines the purposes and the technical and legal means of processing personal data and undertakes to take all the necessary organisational measures to guarantee secure processing that complies with the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data (hereinafter, “the Law”) and the European Regulation of 26 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR Regulation”).
1.2 Hôtel Restaurant & Spa Le Nessay is free to choose any natural or legal person who processes users’ personal data at its request and on its behalf (hereinafter referred to as “the processor”). Where applicable, Hôtel Restaurant & Spa Le Nessay undertakes to select a subcontractor offering sufficient guarantees regarding the technical and organisational security measures for the processing of personal data.
- Personal data processing
2.1. The use of the Website, access to some of its sections and/or any request for information or services from users of the Website may result in the communication of personal data. The processing of such data by Hôtel Restaurant & Spa Le Nessay, SAS NESSAY, (hereinafter referred to as “Hôtel Restaurant & Spa Le Nessay”), in its capacity as Data Controller, and/or by the service providers acting in the name and on behalf of Hôtel Restaurant & Spa Le Nessay, shall comply with the Law and the GDPR.
2.3 Personal data will be processed mainly in an automated manner, with procedures strictly related to the purposes mentioned in point 3.
2.4. Hôtel Restaurant & Spa Le Nessay also collects certain personal data from users in order to recognise them and offer them an optimal, high-quality and personalised user experience. This collection also allows us to correct any errors on the Website. The information collected concerns the user’s connection (IP address, geographical area, day and time of consultations, services consulted and/or used, etc.) as well as the device from which the connection is made.
2.5. In addition to the personal data directly provided by users (name, surname, postal address, e-mail, etc.) when connecting to the Website, the computer systems and software procedures used to operate the Website indirectly collect certain personal data whose transmission is implicit in the use of Internet communication protocols. This data is processed for the sole purpose of carrying out anonymous statistical studies.
2.6. Failure to provide, or partial or inaccurate information on, personal data marked with an asterisk, and therefore necessary for the execution of the requested service, shall render the latter impossible. On the other hand, failure to provide, and partial or incorrect information on optional personal data that is not required shall not have any consequences.
- Purposes of the processing of personal data
3.1. Depending on the different sections of the website, the purposes of the processing of personal data will be the following:
- a) to authorise the user to register on the Website, as such authorisation is necessary for access to certain specific sections of the Website and for the use of and interaction with the various services offered;
- b) after prior consent from the user and until such consent is revoked, to carry out marketing activities (such as, by way of example only but not exhaustively, the sending of promotional and advertising material, the performance of related analyses on registered users, which allow Hotel Restaurant & Spa Le Nessay to improve its services and products offered to its clients); and this including by email, MMS and SMS, after special prior consent from the user and until such consent is revoked;
- c) management of the relationship between Hôtel Restaurant & Spa Le Nessay and users, for example by sending newsletters to provide the user with information on any updates to the Website, offers, menus;
- d) answer users’ requests relating to Hôtel Restaurant & Spa Le Nessay products or to the Website (section “Contact us”, “Rates and offers” of the Website);
3.2. Registration of users on the Website is not required for the provision of certain services offered by Hotel Restaurant & Spa Le Nessay (for example, the services mentioned in paragraphs c) and d) above). However, in order to meet any requests from users concerning these services, users will be asked to provide certain personal data, which will be processed for purposes purely related to the request and only for the period in question.
- Personal data that may be processed
The following data is collected and processed:
Users’ information that they provide by filling in forms or by contacting us by telephone, e-mail or any other means. This information may include the name, address, e-mail address and telephone number of users.
With respect to each user’s visit to the Website, we automatically collect the following information
– technical information, including the Internet Protocol (IP) address used to connect to the Internet, browser type and model, time zone, browser plug-in types and models, operating system and platform;
– user visit information, including URLs (Uniform Resource Locator), clickstream to and from the Website (including date and time), page response times, download errors, duration of visits to particular pages; such as scrolling, clicks and hovers), methods used to navigate away from the page.
6.1. The user has the right to withdraw consent at any time. Withdrawal of consent shall not affect the legality of the processing based on the consent given prior to such withdrawal. This right can be exercised by sending an email to email@example.com
- Duration of retention of personal data
In accordance with the legal requirements imposed by the Law and the GDPR Regulation, Hotel Restaurant & Spa Le Nessay keeps users’ personal data only for as long as is reasonably necessary to fulfil the purposes for which they are processed.
- Disclosure of users’ personal data for internal purposes
8.1. Personal data may be transmitted to employees or collaborators of the Marketing Department of Hôtel Restaurant & Spa Le Nessay who, operating under the direct authority of the latter, are appointed as data processors or subcontractors and will receive the appropriate operational instructions. Personal data may also be brought to the attention of employees or collaborators of the data processors if the latter, appointed by Hôtel Restaurant & Spa Le Nessay, so decide, provided that the data are processed in accordance with the purposes for which they were collected.
8.2. Hotel Restaurant & Spa Le Nessay ensures that its subcontractors, employees or collaborators guarantee the same level of protection as it does and ensures that these subcontractors, employees or collaborators process personal data only for the purposes authorised by the purposes pursued, with the required discretion and security.
8.3. Personal data directly communicated by users by filling in the online forms may be communicated to and processed by the above-mentioned external service providers acting in the name of and on behalf of Hôtel Restaurant & Spa Le Nessay.
- Users’ rights acknowledged
9.1. Hotel Restaurant & Spa Le Nessay guarantees fair and lawful processing of users’ personal data.
9.2. Hotel Restaurant & Spa Le Nessay guarantees the user’s right of access to his/her personal data.
In accordance with Article 15 of the GDPR, the user has the right to obtain from Hotel Restaurant & Spa Le Nessay the following information (but not exhaustive) about his/her personal data:
(a) the purposes of the processing;
- b) the categories of personal data concerned;
(c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients established in third countries or international organisations
(d) where possible, the period for which the personal data will be stored or, where this is not possible, the criteria used to determine that period
(e) the existence of automated decision-making, including profiling, as referred to in Article 22(1) and (4) and, at least in such cases, relevant information concerning the underlying logic and the significance and expected consequences for the data subject of such processing.
9.3. Hotel Restaurant & Spa Le Nessay guarantees users the right to rectify and delete personal data.
In accordance with Article 16 of the GDPR, incorrect or inaccurate data can be corrected or deleted at any time. It is up to the user to make the necessary changes themselves from their user account in the first instance, and then to ask Hotel Restaurant & Spa Le Nessay to make these changes if they cannot be made independently.
The user has the right to obtain the deletion of his/her personal data in the cases listed in Article 17 of the GDPR.
9.4. Hotel Restaurant & Spa Le Nessay guarantees the right to limit the processing.
The user has the right to obtain the limitation of the processing of his/her personal data in the cases listed in Article 18 of the GDPR.
9.5. Hôtel Restaurant & Spa Le Nessay guarantees the right to data portability.
In accordance with Article 20 of the GDPR, users have the right to receive from Hôtel Restaurant & Spa Le Nessay personal data concerning them in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another data controller without Hotel Restaurant & Spa Le Nessay preventing this in the circumstances specified by the GDPR.
9.6. Hotel Restaurant & Spa Le Nessay guarantees the right to oppose the processing of data
The user has the right to refuse the processing of his/her personal data at any time if there are compelling and legitimate reasons relating to his/her particular situation. Hotel Restaurant & Spa Le Nessay will no longer process personal data, unless there are compelling legitimate grounds for the processing which override the interests and rights and freedoms of the user, or for the establishment, exercise or defence of legal claims.
9.7. Hôtel Restaurant & Spa Le Nessay guarantees the right to lodge a complaint
The user has the right to lodge a complaint concerning the processing of his/her personal data by Hotel Restaurant & Spa Le Nessay with the Commission for the Protection of Privacy.
9.8. The user may, at any time, exercise the above-mentioned rights by sending a message by e-mail to the address firstname.lastname@example.org or a letter by ordinary post addressed to: Hôtel Restaurant & Spa Le Nessay at: Presqu’île du Nessay, boulevard du Béchet, 35800 Saint-Briac-sur-mer.
- Limitation of liability of the data controller
The Website may contain hyperlinks to Internet sites controlled and operated by third parties not related to Hôtel Restaurant & Spa Le Nessay. Where applicable, Hôtel Restaurant & Spa Le Nessay cannot be held responsible for the content of these sites, nor for the personal data protection practices of these third parties.
Hôtel Restaurant & Spa Le Nessay cannot be held responsible for the loss, corruption of data or identity theft, which may be caused in particular but not exclusively by the presence of viruses or computer attacks.
The Website does not contain information intended directly for minors. Minors must not disclose any personal information or data to Hôtel Restaurant & Spa Le Nessay in the absence of parental consent. Consequently, Hôtel Restaurant & Spa Le Nessay invites all persons exercising parental authority over minors to inform them about safe and responsible use of the Internet.
- Modalities for modifying the user’s profile
The user may, at any time, modify the data provided or delete his/her personal profile by sending an electronic message to the address of the Owner email@example.com, or a letter by ordinary post to the attention of: Hôtel Restaurant & Spa Le Nessay, Presqu’île du Nessay, boulevard du Béchet, 35800 Saint-Briac-sur-mer.