SAFETY POLICY AND DATA PROTECTION
PRIVACY AND COOKIE POLICY
This Policy
(the 'Privacy and Cookie Policy') regulates the policy on data privacy
and the use of cookies of the Web Portals https://www.autoreisen.es https://www.autoreisen.com and http://www.arcarhire.com (the 'Portals') that are
owned by Special Prices Auto Reisen, S.L., a Spanish company registered with
the Companies Register of Santa Cruz de Tenerife in volume 492 , folio 87, page
number TF-2832, entry no. 1. The Company's registered office and address for
tax purposes is at Calle San Francisco, 5, Edificio Santander, Planta 8, 38002,
Santa Cruz de Tenerife; its company/tax registration number (CIF) is B38086500;
its email contact address for the purposes of this Privacy and Cookie Policy
is: privacidad@autoreisen.es
Please spend a few minutes
reading our privacy and cookie policy, it will not take you long. Our aim is to
explain to you in a simple, clear and transparent manner how we process and
protect your personal information and your rights. Your security and that of
your personal data are of the utmost importance to us and protecting them
properly is something we take very seriously.
This policy applies to all
users of the Portals, whether or not they are customers of AUTO REISEN, provided that they are private
individuals. By personal data, we mean all information about an identified or
identifiable individual.
This Privacy
and Cookie Policy will be translated into several languages as part of AUTO
REISEN's business and its corporate policy on quality, service and customer
care. Nevertheless, in the event of any dispute regarding the interpretation or
application of the terms of this policy, the parties agree that the Spanish
version of the Privacy and Cookie Policy will take precedence over any other
language version of it for all legal purposes.
PRIVACY POLICY
- WHAT TYPES OF PERSONAL DATA DO WE USE?
The personal data that we
use are those that are strictly necessary to be able to provide you with the
service/s you require (basically, identification data, data associated with
personal circumstances, driving permits or licences, financial/banking data and
any other data concerning the provision of the service itself, for example,
geolocation details in the case of geolocated vehicles. Failing to give us your
personal data could make it impossible for us to provide you with our services.
2. HOW DO WE USE THE DATA?
The personal data that you
provide via the Portals will be processed for the particular purpose stipulated
in this privacy policy and, as applicable, in the various data forms provided
on the Portals.
The collection of data
in the course of browsing the Portals has the following processing
purposes:
(i)
To
enable users to browse the Portals so that they can access the information and
content provided there. This access is understood to be without prejudice to
the subject-to-payment basis of the specific content, services and products
that are offered via the Portals for users to purchase if they wish to do so.
(ii)
To make contact with users and
respond to any requests or enquiries that may arise from using the forms that
are provided on the Portals.
(iii)
To comprehensively manage
vehicle booking requests.
(iv)
To adopt such protection
measures as may be legally applicable, including the possible anonymisation of
your personal data using the appropriate techniques available for the purpose.
Accordingly, anonymisation and pseudonymisation processing may be used to
enhance the protection of your personal data.
(v)
To apply the pertinent security,
technical and/or organisational measures to personal data that are deemed
appropriate based on the risks identified concerning your rights at any given
time, including the encryption of personal data and other measures that may
involve certain processing of the data of Portal users.
Similarly, you are informed that if you purchase
our services, the data collected for this purpose either via the Portals or via
our call centre, or directly at any of our service desks will be processed
for the following purposes:
(i)
To provide and
comprehensively manage the self-drive car rental service and to draw up the
related agreement, including all processing of your data that is strictly
necessary in order to provide you with the services you require. This includes
the processing associated with the customer care service, the management and
enhancement of service quality and customer loyalty. In the case of the
vehicles in the AUTO REISEN fleet that are fitted with geolocation technology,
this could include access to the geolocation data. The geolocation service
operates as a protection measure for our vehicles, their occupants and any
other third party during the rental period and is implemented by AUTO REISEN
with all the legal guarantees that are required in this area.
(ii)
To
comprehensively manage the insurance options signed up for from among those
indicated in the terms and conditions, whether they are included in the rental
price or are optional (in accordance with the rental agreement signed).
(iii)
To respond to
any call for roadside assistance or relating to accident insurance.
(iv)
To prevent
fraud, and to investigate, prosecute and take any appropriate measures and/or
action against actions that involve or may involve inappropriate use of our
vehicles and other items that we make available to you within the framework of
the rental agreement, in order to ensure proper compliance with the applicable
legislation, and with our policies and terms and conditions. In the event of
the Company identifying or being called upon in connection with any unlawful
act or traffic offence, your personal information may be disclosed to the law
enforcement agencies and the other competent authorities within this sphere as
provided for by law.
(v)
To provide
information on other products and services similar to those purchased that are
offered by AUTO REISEN regardless of the channel of communication used. This is
pursuant to Article 21.2 of Law 34/2002 of 11 July 2002 on Information Society
Services and Electronic Commerce, without prejudice to the legitimate exercise
of your personal rights at any time, particularly that of objection.
(vi)
Sending
commercial or advertising communications provided that they were previously
requested by you or expressly authorised by you, concerning possible
promotions, benefits and specific discounts on our services.
If you do not agree with these processing purposes, we
ask you to leave our Portals immediately. Otherwise, for example, by accepting
this policy, or merely by continuing to browse while being aware of the
information contained in this policy, you will be deemed to unequivocally
consent to the processing purposes described above.
3.
WHAT IS
THE LAWFUL BASIS FOR PROCESSING YOUR DATA?
|
Lawful
basis for processing |
|
|
To enable users
to browse the Portals |
Your consent
and, where appropriate, the satisfaction of the Company's own legitimate
interest, or that of a third party, associated with the proper management,
maintenance, development of and changes to the Portals, tools, network and
associated information systems, so that the functionalities, access to
content and services perform properly and they are all kept generally secure.
|
|
To make contact
with users in response to requests or enquiries from them. |
Your consent |
|
To
comprehensively manage vehicle bookings |
The adoption of
pre-contractual measures |
|
To adopt such
protection measures as may be legally applicable, including the possible
pseudonymisation or anonymisation of your personal data using the appropriate
techniques available for this purpose. |
Compliance with
a legal obligation (European Data Protection Regulation) |
|
To implement
the appropriate security, technical and/or organisational measures for your
personal data according to the risk existing at any given time. |
Compliance with
a legal obligation (European Data Protection Regulation) |
|
To provide and
comprehensively manage the vehicle rental service and the related performance
of the agreement, including, among others, the customer care service, or the
geolocation service for AUTO REISEN vehicles that are equipped with it. |
Performance of
the agreement |
|
To
comprehensively manage the arrangement of insurance |
Performance of
the agreement |
|
To respond to
any call for roadside assistance or relating to accident insurance |
Performance of
the agreement |
|
To prevent
fraud, and to investigate, prosecute and take any appropriate measures and/or
action against actions that involve or may involve inappropriate use of our
vehicles and other items that we make available to you. |
Compliance with
a legal obligation and, where appropriate, the satisfaction of the Company's
own legitimate interest, or that of third parties. |
|
To respond to
the legitimate requirements of the relevant law enforcement agencies and
competent authorities. |
Compliance with
a legal obligation, primarily that contained in Legislative Royal Decree
6/2015 of 30 October 2015 enacting the consolidated text of the Law on
Traffic, the Use of Motor Vehicles and Road Safety, and in Organic Law 4/2015
of 30 March 2015 on the Protection of Public Safety, without prejudice to any
other applicable legislation. |
|
To provide information on other products and services that are similar
to those purchased. |
The
satisfaction of a legitimate interest pursuant to Article 21.2 of Law 34/2002
of 11 July 2002 on Information Society Services and Electronic Commerce. |
|
To send
commercial or advertising communications. |
Your consent. |
When the lawful basis is
primarily your informed consent, given freely and unequivocally, to the
processing of your personal data for the processing purposes described, you
will be able to choose how your data are processed and used according to your
specific interests and needs in each case, so that when the processing is based
on your consent, you will have the right to withdraw that consent at any time,
although withdrawing it will not in any way affect the lawfulness of the
processing previously carried out by AUTO REISEN.
When the processing of your
personal data is for advertising or direct marketing purposes, you will have
the right to object at any time to the processing of your personal data,
including any profiling connected with such marketing.
If you do not accept this
policy, or you do not consent to the processing of your personal information in
accordance with it, AUTO REISEN may prevent you from using the Portals and the
services, content and functionalities associated with them. However, acceptance
of this policy is separate from any acceptance of the particular legal terms
and conditions that may govern the specific purchase by users of the services
and products made available via the Portals.
4. WHAT ARE THE CONSEQUENCES OF NOT PROVIDING YOUR DATA?
Failing to provide the
personal data required may make it impossible to process the specific request
or enquiry you are making and may therefore lead to AUTO REISEN discarding
and/or excluding your request or enquiry.
The information and
personal data that you provide must in all cases be:
- Sufficient,
although geared, limited and proportionate to the legitimate processing
purposes declared by AUTO REISEN, with maximum respect for the principles of
purpose limitation and data minimisation.
- Accurate,
up to date and true in order to be able to appropriately verify your identity,
capacity and, if applicable, representative status, and to be able in each case
to adapt the data processing performed to your specific needs and your actual
situation. In all cases based on the principle of the accuracy of your personal
data.
You are also informed that
our Portals are for users aged 18 and over. They may not be used by minors
under the age of 18.
5. HOW DO WE SHARE YOUR DATA?
Your data may be shared with the following
organisations:
- Banks, credit or financial institutions in order to process the
relevant payments.
- Administrative
and regulatory bodies and law enforcement agencies as well as third parties
involved in any legal claim procedure in which you may be involved who must be informed
of the identity of the driver or possible driver, as well as in order to
complete the procedure for the collection of fines to which AUTO REISEN may be
subject under Legislative Royal Decree 6/2015 of 30 October 2015 enacting the
consolidated text of the Law on Traffic, the Use of Motor Vehicles and Road
Safety, and Organic Law 4/2015 of 30 March 2015 on the Protection of Public
Safety.
- Insurance companies and claim managers responsible for handling all
aspects of the insurance products effectively purchased.
- Also, since AUTO REISEN forms part of a corporate group, you are
informed that your personal data may be shared with other Group companies for
purely internal and administrative purposes based on the legitimate interest of
AUTO REISEN as provided for under Recital 48 of the GDPR.
In addition, you are informed
that your personal data may be disclosed to third parties to the extent that
this is provided for by law or legally required.
Lastly, AUTO REISEN has a number
of data processors who may have access to your personal data in order to
provide their services to our Company. AUTO REISEN's data processors provide
sufficient contractual guarantees in conformity with GDPR Article 28.
6.
ARE THERE ANY INTERNATIONAL TRANSFERS OF YOUR DATA?
In general, no international transfers of
your personal data are envisaged; AUTO REISEN adopts the necessary measures and
guarantees in this respect in conformity with the applicable personal data
protection legislation.
7.
HOW LONG WILL
WE KEEP YOUR DATA?
With regard to the data that are necessary to
enable you to browse any of our Portals, in general your data for these
purposes will be kept only as long as is necessary to enable you to browse the
Portals properly. Similarly, the data you provide us with via the Portal
contact forms are kept only as long as is necessary to respond appropriately to
your specific requests and/or enquiries in each case.
In addition, under Article 17 of the Order of 20
July 1995 implementing the Regulation of the Law on Land Transport in matters
of self-drive vehicle hire, and for cases in which a self-drive vehicle rental
agreement is signed with AUTO REISEN, the Company must keep a copy of such
agreements for at least three years from the date on which they were signed,
including therefore all of the personal data that are linked with them.
Without prejudice to the foregoing, information that may be evidence of
a right or of a rental agreement, or that must be kept in compliance with a
legal requirement, may be subject to a specific archiving policy in conformity
with the applicable legal provisions.
When the processing of your data is based on your consent, as could be
the case when AUTO REISEN sends you commercial communications, your data will
be kept for as long as you authorise us to keep them and do not exercise your
rights in this area (objection and the right to withdraw your consent at any
time, as appropriate, without prejudice to any other personal rights you may
have).
Lastly, we inform you that, in general, when your personal data are no
longer necessary for the processing purposes for which they were collected,
they will be blocked and will only remain available to the competent
authorities in case there is a need to establish legal liability in the
processing of them. This is always in conformity with the applicable
legislation and the data may not be used for any other purpose. Once the legal
time limits regarding such blocking have expired, the personal data will be
erased in accordance with the applicable regulations and, if applicable, they
may also be securely anonymised by AUTO REISEN (anonymised/non-personal data).
8.
WHAT RIGHTS DO YOU HAVE OVER YOUR DATA?
You may exercise your rights of access,
rectification, erasure, restriction of processing, data portability, objection
and the right not to be subject to a decision based solely on automated
processing (including profiling), by emailing privacidad@autoreisen.es with the reference "Exercise of
Rights", and enclosing with your request a copy of your identity
document (passport, N.I.E., etc.) as necessary. If you consider that your
personal rights have not been properly upheld, you may file a complaint with
the competent control authority, in this case, the Spanish Data Protection
Agency.
9. ARE SECURITY AND PROTECTION MEASURES APPLIED TO
YOUR PERSONAL DATA?
Taking into account the
nature, scope, context and purposes of processing as described, as well as the
risks of varying likelihood and severity for your rights and freedoms, AUTO
REISEN implements (and will implement) appropriate technical and organisational
measures to ensure the proper security and protection of your personal data
based on principles of data privacy by design and by default, and also
implements a concurrent risk-oriented system that will be reviewed and updated
as and when necessary.
The use of the Hyper-Text
Transfer protocol (HTTPS) is an added guarantee of the security of your
personal data.
10. EFFECTIVE DATE AND CHANGES TO PRIVACY POLICY
This policy has been in
effect since 25 May 2018. AUTO REISEN reserves the right to make changes to
this policy to adapt it to any future developments in the applicable
legislation, legal principles or case law, or for technical, operational,
commercial, corporate or business reasons, and to inform you reasonably in
advance of the changes made when that is possible. In any event, it is
recommended that each time you access our Portals you read this policy in
detail, since any change made to it will be published here. Also, AUTO REISEN
may inform you personally in advance of planned changes to this policy before
they become effective, provided that it is technically and reasonably possible
to do so, in particular, in the case of registered users or customers.
11. DO YOU NEED TO CONTACT US?
For any query or suggestion
that you may have for us regarding this privacy and cookie policy, please do
not hesitate to contact us by email at: privacidad@autoreisen.es
12.
JURISDICTION
In general, any dispute or
conflict will preferably be dealt with by the parties in order to reach an
amicable solution by mutual agreement. The channel described above should be
used to contact AUTO REISEN for this purpose.
If it is not possible to
reach such a solution, based on the criteria contained in the GDPR for
determining the competent lead supervisory authority for dealing with any
dispute or complaint regarding this privacy and cookie policy, at least in
terms of administrative proceedings you are informed that this authority will
be the Spanish Data Protection Agency (AEPD).
Concerning the right to an
effective judicial remedy, the provisions of GDPR Article 79.2 will apply, and
any action must be taken before the Judges and Courts of Santa Cruz de Tenerife
(Canary islands - Spain). In all cases the legislation applicable will be
Spanish Law.
As established in GDPR
Recital 30, natural persons may be associated with online identifiers provided
by their devices, applications, tools and protocols, such as internet protocol
addresses, cookie identifiers or other identifiers such as radio frequency
identification tags. This may leave traces which, in particular when combined
with unique identifiers and other information received by the servers, may be
used to create profiles of the natural persons and identify them. For this
reason, AUTO REISEN has in place a cookie policy that is consistent with the
applicable legislation.
1. WHAT ARE COOKIES? WHAT TYPES OF COOKIES ARE
THERE?
Cookies are files or
devices that are downloaded on to your equipment (computer, smartphone, tablet,
mobile devices, etc.) and they can be of different types.
In general, according to
the Cookies Guide published by the Spanish Data Protection Agency (AEPD),
cookies may be of various types depending on different parameters:
Depending on who it is that
is managing the server or domain from which the cookies are sent and processing
the data obtained, we can distinguish between:
- First-party
cookies
- Third-party
cookies
Depending on how long they remain active on the
device (duration) we can distinguish between:
- Session
cookies
- Persistent
cookies
Depending on the purpose for which data are
collected through the cookies, we can distinguish between:
- Technical
cookies
- Personalisation
cookies
- Analysis
cookies
- Advertising
cookies
- Behavioural
advertising cookies
2. HOW ARE COOKIES MANAGED AND SET UP?
You can manage the use of
cookies, and also block them, depending on the browser installed on your
computer. You can learn more about how to manage cookies by clicking on the
following links:
3.
DO WE USE COOKIES ON OUR PORTALS?
For the time being cookies are not used or served on
the Portals. This does not mean that AUTO REISEN may not make use of them in
the future, in which case you will be informed via this Policy.
