PRIVACY POLICY

PRIVACY POLICY

Confidentiality of the personal information of our clients is fundamental and a commitment of the Casino da Madeira

1. Collection and processing of user data

There are various circumstances in which we request personal data from a user (“User”) of the website hosted on www.casinodamadeira.com (“Site”), that is, information that allows the user’s identification or contact (“Personal Data”) : When you subscribe to the newsletter, send us a contact for a conference or event request for your company, or when you send us the spontaneous or requested application form. The Personal Data collected and processed consists of information regarding the name, email address, sex, date of birth, address and telephone number.

In this way, the entity responsible for collecting Personal Data is the ITI – Sociedade de Investimentos Turísticos in Ilha da Madeira, SA (“Casino da Madeira”), a limited liability company with registered office at Avenida do Infante, 9004-513 FUNCHAL, registered with VAT number 511 008 740 and with the share capital of EUR 8,000,000.00, which in turn comprises the Grupo Pestana, SGPS, SA (“ Pestana Group”);

2. Use and purpose of processing user data

Personal Data will be used only for your information on Casino da Madeira promotions and information (if you subscribe to our newsletter), and for Casino da Madeira exclusive statistical analysis of marketing.

We also identify technical information about your computer when you visit the pages of our site, such as the IP (Internet Protocol), the operating system and the type of browser (“Usability Information”). We use this information to improve the quality of your visit to our Site, and we will not disclose it to entities outside the Casino da Madeira without your consent.

Usability Information and Personal Data are designated in this Privacy Policy by “User Data”.

The User Data collected by the Casino da Madeira is not shared with third parties without your consent, except for the shares that appear in the Privacy Policy and for which you consent with the acceptance of the Privacy Policy.

Casino da Madeira reserves the right to transmit any User Data in case of sale or transmission of part or all of its company or its assets, and also between entities that belong to Casino da Madeira. In the event of a User Data transmission to third parties, we will make reasonable efforts to have the transmitter use the collected User Data in a manner consistent with the Privacy Policy.

3. GENERAL PRINCIPLES APPLICABLE TO THE PROCESSING OF USER DATA

In terms of general principles concerning the processing of personal data, Casino da Madeira undertakes to ensure that the User Data processed by you are:

  • Object of a lawful, fair and transparent processing with respect to the User;
  • Collected for specified, explicit and legitimate purposes and not subsequently treated in a manner incompatible with those purposes;
  • Appropriate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
  • Accurate and up-to-date where necessary, all appropriate measures being taken to ensure that inaccurate data, taking into account the purposes for which they are processed, are erased or rectified without delay;
  • Preserved in a form that allows the identification of the User only for the period necessary for the purposes for which the data are processed;
  • Treaties in a manner that ensures their safety, including protection against their unauthorized or unlawful processing and against their accidental loss, destruction or damage, and appropriate technical or organizational measures are taken.

Data processing performed by Casino da Madeira is legal when at least one of the following situations occurs:

  • The User have given your explicit consent to the processing of User Data for one or more specific purposes;
  • The processing is necessary for the execution of a contract in which the User is a party, or for pre-contractual procedures at the request of the User;
  • The processing is necessary for the fulfillment of a legal obligation to which Casino da Madeira is subject;
  • The processing is necessary for the defense of vital interests of the User or another natural person;
  • The processing is necessary for the legitimate interests pursued by Casino da Madeira or by third parties (except if the interests or fundamental rights and freedoms of the User that require the protection of the personal data prevail).

Casino da Madeira is committed to ensure that the processing of User Data is only made in the above listed conditions and with respect for the principles mentioned above.

When the processing of the User Data is performed by Casino da Madeira based on the consent of the User, the User has the right to withdraw his consent at any time. The withdrawal of consent, however, does not compromise the lawfulness of the processing made by Casino da Madeira based on the consent previously given by the User.

The length of time during which the data is stored and stored varies according to the purpose for which the information is processed.

Effectively, there are legal requirements that require you to retain the data for a minimum period of time. Thus, and where there is no specific legal requirement, the data will be stored and kept only for the minimum period necessary for the purposes that led to their collection or subsequent processing, after which they will be eliminated.

4. RIGHT TO INFORMATION

4.1. Information provided to the User by Casino da Madeira (when data are collected directly from the User):

  • The identity and contacts of Casino da Madeira responsible for the processing and, if applicable, of its representative;
  • The contacts of the Data Protection Officer;
  • The purposes for which the personal data are processed and, where applicable, the legal basis for processing;
  • If the processing of the data is based on the legitimate interests of Casino da Madeira or a third party, indicating such interests;
  • If applicable, recipients or categories of recipients of personal data;
  • If applicable, indication that personal data will be transferred to a third country or an international organization, and whether or not a decision on adequacy has been adopted by the Commission or reference to appropriate or appropriate transfer guarantees;
  • Deadline for the preservation of personal data;
  • The right to request Casino da Madeira access to personal data and their rectification, erasure or limitation, the right to object to the processing and the right to data portability;
  • If the processing of the data is based on the consent of the User, the right to withdraw consent at any time, without compromising the lawfulness of the processing made on the basis of the consent previously given;
  • The right to file a complaint with the CNPD or other supervisory authority;
  • Indication whether or not the communication of personal data constitutes a legal or contractual obligation or a requirement to conclude a contract and whether the holder is required to provide the personal data and the possible consequences of not providing such data;
  • If applicable, the existence of automated decisions, including the definition of profiles, and information concerning the underlying logic, as well as the importance and expected consequences of such processing for the data subject.
  • Should the User Data is not collected directly by Casino da Madeira, in addition to the above mentioned information, the user is additionally informed of the categories of personal data that are processed and also the data source and, eventually, if it originates from public sources.
  • If Casino da Madeira intends to proceed with further processing of User Data for a purpose other than that for which the data were collected prior to such processing Casino da Madeira will provide the User with information on this purpose and any other pertinent information, in the terms referred to above.

4.2. Procedures and measures implemented to fulfill the right to information.

The information referred to in 4.1. is given in written form (including electronic means) by Casino da Madeira to the User prior to the processing of personal data in question. Under applicable law, Casino da Madeira has no obligation to provide to the user the information mentioned in 4 .1 if and to the extent that the user is already aware of them.

The information is provided by Casino da Madeira free of charge.

5. Access to personal data

The Casino da Madeira guarantees the means that allow the access, by the User, to his Personal Data. If you wish to access your Personal Data, you should contact Casino da Madeira on the terms described here.

6. Correction of personal data

The User has the right to request, at any time, the rectification of his Personal Data. To do so, you must follow the stipulated in the terms of the Privacy Policy.

7. Right to erasure of personal data (“right to be forgotten”)

The User has the right to obtain, by Casino da Madeira, erase your data when one of the following reasons applies:

  • User Data is no longer required for the purpose for which it was collected or processed;
  • The User withdraws the consent on which the data processing is based and there is no other legal basis for such processing;
  • The User opposes the processing under the right of opposition and there are no prevailing legitimate interests justifying the processing;
  • In case the User Data is unlawfully processed;
  • If User Data is to be deleted in order to comply with a legal obligation to which Casino da Madeira is subject.

Pursuant to applicable law, Casino da Madeira has no obligation to delete the User Data to the extent that the processing proves necessary to fulfill a legal obligation to which the Casino da Madeira is subject or for the purpose of establishment, exercise or defense of a right of Casino da Madeira in legal proceedings.

In case of deletion of data, Casino da Madeira communicate to each recipient / entity to whom the data have been transmitted the respective deletion, unless such communication proves impossible or involves a disproportionate effort for Casino da Madeira.

When Casino da Madeira has made the User Data public and is obliged to delete it under the erasure right, Casino da Madeira undertakes to ensure reasonable measures, including technical ones, taking into account available technology and the costs of its application, in order to inform those responsible for the effective processing of personal data that the User has requested to erase the connections for such personal data, as well as copies or reproductions thereof.

8. Right to the restriction of the processing of personal data

The User has the right to obtain, on Casino da Madeira, the restriction of the processing of User Data if one of the following situations applies (the restriction is to insert a mark in the personal data preserved with the purpose of limiting its processing in the future):

  • If you dispute the accuracy of the personal data, over a period to enable Casino da Madeira to verify its accuracy;
  • If the processing is unlawful and the User opposes the erasure of the data, requesting, on the other hand, the limitation of its use;
  • If Casino da Madeira no longer require User Data for processing purposes, but such data is required by the User for the purposes of declaration, exercise or defense of a right in a legal proceeding;
  • If the user has opposed the processing until it is found that the legitimate reasons of Casino da Madeira prevail over those of the User.

When User Data is subject to restriction, they may only, except preservation, be processed with the consent of the User or for the purpose of declaring, exercising or defending a right in a judicial process, defending the rights of another natural or legal person or for reasons of public interest legally envisaged.

The User who has obtained a restriction to the processing of their data in the above cases will be informed by Casino da Madeira before the processing restriction is overridden.

In the event of data processing being limited, Casino da Madeira communicate to each recipient to whom the data have been transmitted to respective limitations, unless such communication proves impossible or involves a disproportionate effort for Casino da Madeira.

9. Right of portability of personal data

The User has the right to receive the personal data concerning him and which he has provided to Casino da Madeira in a structured, in-use, automatic reading format and the right to transmit such data to another controller, if:

  • The processing is based on the consent or a contract to which the User is a party; and
  • The processing is performed by automated means.

The right of portability does not include inferred data or data derived, ie, personal data that is generated by Casino da Madeira as a consequence or result of the analysis of the data being processed.

The User has the right to have personal data transmitted directly between those responsible for the processing, whenever this is technically possible.

10. Right to object the processing

The User has the right to object at any time, on grounds relating to his particular situation, to the processing of personal data concerning him that based on the exercise of legitimate interests pursued by Casino da Madeira or when the processing is performed for purposes other than those for which personal data were collected, including the definition of profiles, or when personal data are processed for statistical purposes.

Casino da Madeira cease the processing of User Data unless it presents compelling legitimate grounds for such processing to prevail over the interests, rights and user freedoms, or for the purpose of establishment, exercise or defense of a right of Casino da Madeira in judicial proceedings.

When User Data is processed for the purpose of direct marketing, the User has the right to oppose at any time the processing of the data that concern him for the purposes of said commercialization, which includes the definition of profiles in the insofar as it relates to direct marketing. If you object to the processing of your data for the purposes of direct marketing, Casino da Madeira ceases processing of the data for this purpose.

Users also have the right not to be subject to any decision made solely on the basis of automated processing, including profiling, that has legal effects or significantly affects it in a similar way, unless the decision:

  • It is necessary for the execution or execution of a contract between the User and Casino da Madeira;
  • Is authorized by legislation to which Casino da Madeira is subject; or
  • It is based on the explicit consent of the User.

11. Tools used for analytics and user behavior?

Google Analytics

In this Site is used Google Analytics, a web analysis service provided by Google Inc., (hereinafter “Google”).

The cookies are being recorded in order to provide information on the Site’s use. This data, including the user’s IP address, is transmitted to Google servers, but the data collected by Google Analytics is not related to any other data held by Google.

You may also deactivate the tool by downloading and installing a browser add-on available from Google.

Facebook and Instagram

In the Site there is an interactivity with Facebook and Instagram through a connection with these social networks’ servers is established. This allows the social networks to identify the Site that the user is visiting, and potentially store other data such as the IP address.

If the user is also connected in these social networks, may also be associated the data with the user’s account. If the user wants to prevent this, should done log out from Facebook and/ or Instagram before visiting the webpage.

You can find more information about how Facebook and Instagram process data on their sites: Facebook Policy and Instagram Policy.

Twitter

The Site has an interactivity with Twitter Inc. (hereinafter “Twitter”). When you access a webpage using such buttons, a connection with Twitter’s servers is established. This allows Twitter to identify the Site that the user is visiting, and potentially store other data such as the IP address.

You can find more information about how Twitter processes data on Twitter Site: Twiter Policy

12. Security of user data

In order to ensure the security of the User Data and the maximum confidentiality, we treat the information you have provided us in an absolutely confidential manner, in accordance with our internal security and confidentiality policies and procedures.

We will use SSL on all pages where you are asked for personal information, which means that your information will be sent over the internet in an encrypted form. You may find that you are in safe mode when you see a lock or key icon in the lower right corner or the lower left corner of your screen. In addition, you can see that the first characters of the site url will be “https”, indicating that you are accessing a secure server.

However, User Data may circulate on the network without security conditions and may be viewed and / or used by unauthorized third parties. Should this occur, Casino da Madeira is not responsible for the theft, destruction or dissemination of User Data.

13. Use of cookies

When you visit our Site, a small text file (Cookie) is created and saved to your computer’s disk. This file, when recognized, will allow you greater ease and speed in access, as well as the customization of the Site according to your preferences.

Most browsers automatically accept these files (Cookies), but you can delete them or set your lock automatically. In the “Help” menu of your browser you will find how to make these settings. However, if you do not allow the use of cookies, there may be some features that you will not be able to use.

14. Transfer of data out of the European Union

The personal data are collected and used by Casino da Madeira are not made available to third parties established outside the European Union. If, in the future, this transfer happen for the reasons mentioned above, Casino da Madeira is committed to ensure that the transfer complies with the
applicable legal provisions, in particular in determining the suitability of that country with regard to data protection and the requirements to such transfers.

15. Changes to the privacy policy

The Casino da Madeira reserves the right to change the Privacy Policy at any time. In case of modification of the Privacy Policy, the date of the last change, available at the top of this page, is also updated. If the change is substantial, a notice may still be placed on the Site.

16. Procedures to the exercise of the rights by the user

The right of access, the right of rectification, the right of erasure, the right to restriction, the right of portability and the right to objection may be exercised by the User through the platform available here.

Casino da Madeira will respond in writing (including by electronic means) to the request of the User within a maximum of one month from the receipt of the request, except in cases of special complexity, where this period may be extended by up to two months.

If the requests made by the User are manifestly unfounded or excessive, in particular because of their repetitive nature, Casino da Madeira reserves the right to charge administrative costs or refuse to comply with the request. For further information regarding privacy and data protection, please contact: dpo@pestana.com.

17. Violations of personal data

In the event of a breach of data and to the extent that such breach is likely to pose a high risk to the rights and freedoms of the User, Casino da Madeira undertakes to communicate the violation of personal data to the User in question within 72 hours of the knowledge of the incident.

In legal terms, communication to the User is not required in the following cases:

  • If Casino da Madeira has implemented appropriate technical and organizational protection measures and these measures have been applied to personal data affected by the breach of personal data, in particular measures that make personal data incomprehensible to anyone not authorized to access such data, such as encryption;
  • If Casino da Madeira has taken subsequent action to ensure that the high risk to the rights and freedoms of the User is no longer likely to materialize; or
  • If communication to the User implies a disproportionate effort for Casino da Madeira. In this case, Casino da Madeira will make a public communication or take a similar action through which the User will be informed.

18. Applicable law and forum

The Privacy Policy, as well as the collection, processing or transmission of User Data, are governed by the applicable laws of the Republic of Portugal.

Any litigation arising out of the validity, interpretation or execution of the Privacy Policy, or related to the collection, processing or transmission of User Data, must be submitted exclusively to the jurisdiction of the courts of the district of Lisbon, without prejudice to the legal rules applicable.