Legal Notice Staragents

I. LEGAL NOTICE: INFORMATION RELATING TO THE INFORMATION SOCIETY SERVICES AND ELECTRONIC COMMERCE ACT

The website www.staragents.com is the property of IBEROSTAR HOTELES Y APARTAMENTOS S.L. (owner of the website) a Spanish company, with registered offices at C/ General Riera 154, 07010, in Palma de Mallorca, with Corporate Tax ID No. B-28.049.344, registered in the Mallorca Mercantile Register in Volume 1687, Sheet 59, Page No. PM-5191, Entry 1ª. In addition to the registered offices, the following email address can also be used to contact the company for any requests, questions or complaints: StarAgents@iberostar.com

II. PRIVACY POLICY

PROCESSING PERSONAL INFORMATION

This privacy policy applies to the STARAGENTS programme for travel agents (hereinafter StarAgents Programme) and the website www.staragents.com (hereinafter the Website). Please read this policy carefully. This document contains important information about how your personal data will be processed, the rights you are entitled to under current legislation on the matter, and your corresponding obligations. We reserve the right to update this privacy policy at any time due to business decisions and to comply with possible changes to legislation or case law. If you have any doubts or need further clarification with regards to this privacy policy or your rights, please contact us through the channels indicated below.

You declare that the information you provide, now and in the future, is correct and truthful and undertake to inform us of any changes to said information. When providing the personal data of a third party, you agree to obtain prior consent from the party in question and to inform them of the content of this policy. Generally speaking, the fields on our forms that are marked as mandatory must be completed in order for us to process your requests.

1. Who is responsible for processing your personal data?

The entity responsible for processing your data is IBEROSTAR HOTELES Y APARTAMENTOS, S.L., with registered address at C/ General Riera 154, 07010, Palma de Mallorca, Balearic Islands, (hereinafter IBEROSTAR). You can contact the Data Protection Representative of the Iberostar group at privacy.dpd@grupoiberostar.com.

2. What personal information do we collect?

The data we process are data we collect from:

-User account registration requests;

-Forms you have completed and requests you have submitted;

-Information generated through a contractual relationship.

The type of data we process usually consist of:

-Identifying data and professional contact details

-Personal data, such as language spoken;

-Data on goods and services transactions;

User data will have been provided either directly by the user themselves or by the main user from an agency at the time of requesting the creation of the corresponding accounts.

3. Why do we process your data?

User data will be processed for the administration of the StarAgents Programme in order to process your requests and enquiries, make bookings, administer and manage Website security and to fulfil our legal obligations, statistical analysis and quality control.

Furthermore, said data will be processed in order to send you commercial information relating to news, products and tourism services related to the Iberostar group.

4. Who can we share your data with?

User data will only be disclosed to third parties under legal obligation, with your consent, or when it is deemed necessary for the operation of the StarAgents Programme. For such purpose, your data will be duly transferred:

(i) To the responsible person or owner of the Travel Agency where you work for the administration of the programme and for statistical analysis;

(ii) When applicable, to the management of the chain to which your Travel Agency belongs for the same purpose;

(iii) To other agents from your agency who are registered for the programme via the “Transfer of points” section of the Website, in order to transfer points (only the data necessary for said transfer will be communicated in this respect);

(iv) When redeeming your points, to your chosen accommodation provider for the correct management of your booking.

Additionally, we inform you that a periodic newsletter will be published and sent out to all members of the StarAgents programme. This newsletter may contain the full name of agents who have sold the most Iberostar products, along with reference to the Travel Agency with which they are affiliated. This information will also be disclosed to the TTOO and AAVV distribution network that collaborates with the programme for the allocation of points, for its administration. If you are one of these agents, you consent to the publication of the referenced data.

Such transfer of data may involve the international transfer of your data in situations where the aforementioned persons or companies are to be found outside the European Economic Area. Said transfers are necessary for you to benefit from the programme. For this reason, if you oppose these transfers, you will be withdrawn from the programme.

5. Legal grounds for processing

The grounds for processing your data include the administration of the legal relationship established with you, the provision of requested and contracted services, and the fulfilment of legal obligations, especially applicable legislation relating to accounting, tax and tourism.

The management of Website security is based on the premise of legitimate interest. The statistical analysis and quality control are based on legitimate interest for the purpose of internal administration, as well as the evaluation of our services.

The transfer of commercial information is based on Iberostar’s legitimate interest in promoting the group’s tourist products and services and to ensure travel agencies are kept up-to-date on these products and services.

6. How long will we store your data?

We generally store personal data for the duration of your relationship with us and always in accordance with the terms set forth in applicable legal regulations, such as for accounting and tax purposes, and for the duration necessary to handle any possible liabilities that arise as a result of data processing. We will delete your data once they are no longer relevant to, or necessary for, the purposes for which they were collected. Accounts that remain inactive for over two years will automatically be deleted. Browsing information will be deleted once connection to the website has been finalised and the corresponding statistical analysis completed.

7. What are your rights?

You have the right to receive confirmation of whether or not we are processing your personal data, and, in such case, to access them. Likewise you can request for any incorrect data to be rectified or for incomplete data to be completed, as well as request removal of your data when, among other reasons, the data are no longer necessary for the purposes for which they were collected.

In certain circumstances, you can request for the processing of your data to be limited. In such case, we will only process the affected data for the filing, processing or response to complaints, or with a view to protect the rights of other parties. In certain situations and for reasons related to your specific circumstances, you may object to the processing of your data. In this case, we will stop processing the data unless legitimate compelling grounds are given that prevail over your interests, rights and liberties, or in order to file, process or respond to complaints. Additionally, under certain circumstances, you may ask for your data to be transferred to another responsible party for its processing.

You can revoke the consent you have granted for certain purposes without this affecting the lawfulness of the processing undertaken before consent was withdrawn, and file a claim before the Agencia Española de Protección de Datos [Spanish Data Protection Agency].

To request withdrawal from the distribution list, you can send an email to the following email address: lopd@iberostar.com

In order to exercise your rights, you must send the person responsible for processing data a request together with a copy of your national identification document or another valid form of identification by post or by email to the addresses given in the “Who is responsible for processing your data?” section.

For further information about your rights and how to exercise them visit the Agencia Española de Protección de Datos website at http://www.agpd.es.

8. What are your obligations?

Use of the Website and participation in the StarAgents programme implies the user’s unconditional acceptance of the general terms of the programme and of the current privacy policy. It also implies a commitment to comply fully with obligations established by the General Regulations on Data Protection (REGULATION (EU) 2016/679) and/or legislation on the protection of personal data that applies to the agency (henceforth and jointly the Data Protection Regulation).

With regard to the processing of data belonging to customers on whose behalf you make enquiries and bookings, users commit to fulfilling their duty relating to data protection as established in the Data Protection Regulation, to requesting the necessary consent for the processing of data for advertising purposes, to effectively uphold the rights of the interested party and to maintaining strict confidentiality with regard to the personal data that is to be processed.

III. TERMS AND CONDITIONS OF USE

1. Using the website

The general conditions of use regulate the access to and use of the content and services available through the website www.staragents.com, and they serve as a compliment to the General Conditions of the StarAgents Programme. The user agrees, in general terms, to use the website and the services related to it diligently, in accordance with the law, morality, public order and the provisions of the conditions of use of the website and the General Conditions for the StarAgents programme as well as any specific applicable conditions. The user must refrain from using the website and services in any way that may impede the normal operation and use of the website and its related services, or that may harm or cause damage to the property and rights of the website owner, its suppliers, users or, in general, any third party.

More specifically, but without prejudice to the general obligations referred to in previous paragraphs, when using the website and related services, the user should not:

(a) Enter, store or transmit any software, data, viruses, code or other malicious device capable of causing damage to the website, via the website or its related services. This includes any device that is capable of causing damage to the website, any of the services related to it or any equipment, systems or networks owned by the website owner, any user, website suppliers or any third party in general, or any device otherwise capable of causing any type of alteration or impeding normal operation.

(b) Use false identities or impersonate others when using the website or any of the services related to it, including the use of passwords or access codes belonging to third parties, or in any other way.

(c) Hide or distort the origin of emails in any way, nor intercept, delete or modify other users' emails, or send spam.

(d) Destroy, alter, disable or damage the data, information, programs or electronic documents owned by the website owner, its suppliers or third parties.

(e) Use the contents and in particular the information obtained through the website to send advertising messages for any commercial purposes, or to collect or store the personal data of third parties.

(f) Enter or share any information that is defamatory, libellous, obscene, threatening, xenophobic, incites violence, or incites discrimination on the grounds of sex, race, ideology or religion or that is in any way counter to morality, public order, fundamental human rights, civil liberties, honour, privacy or the image of others and, in general, the law.

In the event that any user considers that there are facts or circumstances that show that any content is being used illegally, and/or that any illegal activity is being carried out on the website or services accessible through it, please send a notice to the website owner, via email, to StarAgents@iberostar.com.

2. Intellectual and Industrial Property

The intellectual property rights for the website, the domain name, source code, design and navigation structure contained therein are owned by the website owner, who has the exclusive rights to use them in any form, and in particular the rights of reproduction, distribution, public communication and modification of the same.

The user undertakes to comply with the provisions of the Intellectual Property Act, and to maintain the integrity of the website and prevent any damage, changes or alteration to it that is detrimental to its legitimate interests or might impair its reputation. The user also agrees not to reproduce, copy, distribute or publish the contents of the information on this page without the express written permission of the owner.

Under no circumstances shall it be considered that the Intellectual and Industrial Property rights governing this website are not applicable, either totally or partially, and under no circumstances shall it be considered that permission has been granted to alter, use, reproduce, share or publish any of the contents of the website without the express permission of the website owner. In particular, but without limitation, it is strictly prohibited for the website user or any third party to:

A) Copy any Iberostar photographs, graphics, text or other content to any website, brochure or advertisement, without the express written permission of Iberostar.

B) Use the Iberostar trademark, any other Iberostar trademark, or any similar expression that may be misleading or confusing as part of an Internet domain.

C) Show the IBEROSTAR trademark or any other Iberostar trademark, slogan or logo by itself on a web site without prior written permission or contract signed by Iberostar authorizing the said use.

D) Acquire additional keywords on a search engine that contains, in full or in part, an Iberostar name, trademark or slogan. Reference Iberostar trademarks, in full or part, in order to obtain positions or rankings on Internet search engines.

E) Publish the trademark, slogans, logos and insignia of Iberostar in the Yellow Pages.

The user must use the materials, content and information gained from accessing the website and any of the related services solely for their own needs, agreeing not to use any of the services or materials, content and information obtained for commercial purposes. The user must not use or remove any of the signs identifying the intellectual and industrial property rights of the website owner or third parties appearing on the website, or any of the signs appearing in any of the various offered on the website. The user must not evade or manipulate any technical devices put in place by the website owner or third parties, either on the website, in any of the services or in any materials, items or information obtained through the use thereof, for the protection of their rights.

3. Passwords

Registered users must maintain under their sole responsibility in strict and absolute confidentiality the passwords to access restricted content, taking accountably, therefore, for any damages or consequences of any kind arising from the breach or disclosure of the password.

4. Disclaimer

The Website Owner agrees to undertake all necessary efforts to ensure the availability and continuity of the Website and the services related to it. However, the owner of the website can not guarantee that the Website and the services related to it will work properly at all times, you may access them and use them quickly, uninterrupted and error free. In the same way, the Web Site owner makes no guarantee regarding the suitability and content of the Website or any of the services linked to it to satisfy the specific needs of the user.

The Website Owner shall act diligently in accordance with generally accepted uses in the sector to avoid the presence on the Website or any of the services linked to it of viruses or other harmful elements that may cause changes to the user's computer system, electronic documents or files, but can not guarantee the absence of such elements, not being liable for damages that may result thereof. The use of this website is at your own risk, and therefore IBEROSTAR HOTELES Y APARTAMENTOS, S.L. is not responsible for any possible damage caused by interferences, interruptions, computer viruses, telephone breakdowns or disconnections due to causes beyond the control of the aforementioned company; delays or blockages in the use of this electronic system caused by deficiencies or overloads in the data processing centre, telephone lines, the Internet system or other electrical systems; nor any other alteration that may occur in the software or hardware of the users.

Similarly, IBEROSTAR HOTELES Y APARTAMENTOS, S.L. is not responsible for damage caused by third parties through unlawful interference beyond our control. Neither is it liable for damages caused by the use or misuse of the Website Content or for any consequences arising from errors, defects or omissions in the content provided by third parties, considering for this purpose as third parties the accommodation provider chosen when redeeming points.

Content of the website and links.

IBEROSTAR HOTELES Y APARTAMENTOS, S.L. reserves the right to change, modify, add or remove the information available on the website at any time, so we advise you to periodically review this page to keep abreast of any changes. With respect to any content outside the website, the website owner does not assume any responsibility for any contents transmitted, hosted or linked to from the website, as the owner is not required to check in advance if the above link complies with current legislation. Nor does the website owner guarantee the absence of viruses or damaging elements that may be harmful to your computer system, documents or user files. The website owner does not accept any responsibility for any damages of this kind caused to the user by the aforementioned causes. Any organisations that, prior to authorisation from the website owner, try to establish a link to this website, must ensure that it allows access to the site or service in question, but does not reproduce its content or services.

5. Resolution

Without prejudice to any liability for damages that may arise, the owner of the Website may, immediately and without notice, terminate and finish its relationship with the user, disrupting their access to the Website or the corresponding services, if it detects any unlawful use in relation to the general or specific applicable conditions of the website or any of the related services.

The user is liable for damages of any kind that the owner of the Website or any of its subsidiaries may suffer directly or indirectly as a result of breach of any of the obligations under the general or specific conditions regarding the use of website or any of the services related to it. Similarly, the users will hold the owner of the Website harmless for any penalty, claim or lawsuit relating to third parties, including public authorities, against the owner of the Website, its employees or agents as a result of the violation of any rights of third parties by the user through the use of the Website or its related services in a manner inconsistent with the general or specific applicable conditions.

6. Applicable law and jurisdiction

These general conditions are governed by Spanish law. The website owner and user expressly renounce any other jurisdiction and submit to the courts of Palma de Mallorca.