Access to and use of the application (hereinafter, "APP") are subject to the terms described in the document "Terms and Conditions of Use" (hereinafter, the "T&Cs").

This document describes the APP's privacy policy and provides information concerning the personal data we gather and the different processes we perform.

You should read this privacy policy carefully.

As party responsible for processing the USERS' data, PGA Golf de Catalunya SA warrants that the personal data are processed appropriately and that individuals' rights are protected. The Data Protection Officer (DPO) is the person who supervises enforcement of PGA Golf de Catalunya SA's data protection policy. This person's duties include attending to any question, suggestion, complaint or claim made by the people whose data are processed. The Data Protection Officer can be contacted by writing to PGA Golf de Catalunya SA, Ctra. Nacional II, km 701, 17445 Caldes de Malavella, or to the e-mail address privacy@camiral.com.

Non-acceptance of this privacy policy entails losing the right to use the APP, and, therefore, the possibility of enjoying the services provided through it (hereinafter, "SERVICES").

1. DEFINITIONS

“User" is any person who accesses and uses the APP. By doing so, the person accepts and acknowledges the T&Cs, and becomes an App User (hereinafter, "USER"). Users are the owners of the personal data being processed.

 

"Account" refers to the virtual space within the APP through which Camiral Golf & Wellness provides the SERVICES to USERS who have previously validated their identity correctly as active members of Camiral Golf & Wellness.

 

"Camiral Golf & Wellness" is a brand name belonging to PGA GOLF DE CATALUNYA SA.

 

2. LEGAL REFERENCE FRAMEWORK

On one hand, Camiral Golf & Wellness declares that it knows and accepts that, pursuant to the provisions of the Directive on privacy and electronic communications (Directive 2002/58/EC amended by Directive 2009/136/EC), "terminal equipment of users of electronic communications networks and any information stored on such equipment are part of the private sphere of the users requiring protection under the European Convention for the Protection of Human Rights and Fundamental Freedoms".

On the other hand, Camiral Golf & Wellness declares that it knows and accepts that the USERS' personal data must be protected as stipulated in the legislation in force at any given time, and, currently, in accordance with the provisions of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, and hereinafter, "GDPR") and, in the case of Spain in particular, with the provisions also established in Basic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights.

Camiral Golf & Wellness undertakes to abide at all times by said legal reference framework and also to implement the security measures that are required under applicable legislation and adopt, as far as possible, any additional measures of a technical, administrative, informative or organisational nature that may be necessary to meet the legal requirements on personal data protection and, in particular, to guarantee such data's security and integrity and their protection against tampering, loss, unauthorised processing or access.

3. PURPOSE OF THE DATA PROCESSING

As party responsible for processing their personal data, Camiral Golf & Wellness informs USERS that their data will be processed with the purpose of enabling them to enjoy the APP and the SERVICES provided; the legal basis for processing such data is precisely their acceptance of the T&Cs and maintenance of their status as USER of the APP.

USERS are also informed that the APP carries out customer profiling activities, creating for each USER a specific profile that expands progressively over time as the USER uses the APP and the various SERVICES.

4. UNIVERSE OF PROCESSED PERSONAL DATA

Camiral Golf & Wellness has a database with information about all of the APP's USERS, which includes all the information gathered from the USERS at any given time and as set forth in Annex 1 "Personal data processed" of this privacy policy. These personal data will be obtained or collected by the means described in Annex 1.

5. FUNCTIONS OF CAMIRAL GOLF & WELLNESS

As Data Controller, Camiral Golf & Wellness will be responsible for processing the USER's data.

Always within the framework of correct provision of the associated SERVICES, Camiral Golf & Wellness will have access to and may carry out different processes on different information contained in USERS' profiles, USERS' preferences, and information related to USERS' activity, and, in particular, with respect to their bookings, participation in events, and payments.

With regard to the personal data to which Camiral Golf & Wellness will have access, as a general procedure the following main processes may be carried out:

• View all the data mentioned.
• Modify those data for which the possibility of editing has been enabled at any given time.
• Extract and store the data in different formats and media and information systems, including the generation of its independent proprietary databases.
• Erase the USER's profile by manual deletion.
• Publish new data related to the USER's activity.

6. SPECIAL PERMISSIONS

For correct operation of the APP and correct provision of the different SERVICES, the APP needs to share certain personal data with Camiral Golf & Wellness' systems and vice-versa. In this regard, as USER, you declare that you know and accept that:

1. During the account activation process, the APP and Camiral Golf & Wellness' management systems may exchange certain personal information, as set forth in Annex 1 of this privacy policy.
2. Camiral Golf & Wellness' management systems may share personal information with the APP about USERS' profiles and their activity related to the services offered (and, in particular, in relation to their bookings, participation in all types of events, payments made and consumptions), and vice-versa.

Additionally, the APP acts as another digital channel through which Camiral Golf & Wellness can gather its customers' personal data. In this regard, as USER, you declare that you know and accept that:

1. Camiral Golf & Wellness will be empowered to generate a proprietary database at any time with the personal data processed as part of the USER's use of the APP and/or to use such data to update any existing database under its responsibility.
2. Camiral Golf & Wellness will be empowered to process the USER's personal data in accordance with the permissions previously obtained from said USER through other channels, and, additionally, for (i) correct management of the relationship with the USER as a customer and provision of the different products and services offered and/or delivered at any given time (e.g. to send confirmation of a registration made to the USER, to inform the USER of an incident affecting a contracted service) and (ii) promotion of all manner of initiatives, promotions and novelties related to Camiral Golf & Wellness' activity (e.g. to inform the USER of a special discount or the launch of a new service).

And to do this through the channels associated with the permissions obtained beforehand and through the digital channels created by the APP and associated technologies (e.g. push notifications), email marketing and SMS for the additional permissions mentioned.

7. DATA ASSIGNMENT AND TRANSFERS

7.1. Access to the data

Camiral Golf & Wellness will only give access to USERS' information to authorised third parties such as employees and suppliers, and provided that such third-party access is necessary for the purpose of ensuring provision of the SERVICES and other services in accordance with the special permissions described in the previous section. Users' data may be notified to group companies for the purpose of offering complementary services to the USER.

7.2. International transfers

In certain circumstances, Camiral Golf & Wellness may need to make international transfers of certain USER data to third parties (e.g. in the event that it is necessary, in the interest of the USER, for conclusion or performance of a contract between Camiral Golf & Wellness and a third party; when Camiral Golf & Wellness uses service providers located outside the European Union for the provision of certain services ancillary to its activity such as hosting, provision of infrastructure, remote backups, computer support or maintenance services, e-mail management, e-mail marketing, file transfer or provision of certain specific functionalities of the APP; or for the execution of pre-contractual measures implemented at the data subject's request).

These organisations may be different and vary over time. In this respect, Camiral Golf & Wellness undertakes to choose organisations that either belong to countries that have a level of data protection equivalent to European standards, or which offer adequate guarantees for attaining that level, and, if not, undertakes to only carry out an international data transfer to third parties on the basis of one of the exceptions provided for this purpose in the GDPR.

By accepting this Privacy Policy, in any case, as USER, you declare that you have been informed and understand the system used for such transfers.

In the event that Camiral Golf & Wellness is required by national or European Union law to carry out an exceptional international data transfer, it will guarantee compliance with any legal requirements that may be applicable, unless the applicable law prohibits it on important grounds of public interest.

7.3. Data Processors

Annex 2 "Camiral Golf & Wellness' Data Processors" provides a list of the data processors currently used for provision of the SERVICES, indicating in which cases there is any international transfer of data.

8. DATA STORAGE

8.1. The USER's profile data and data not shared with other USERS

In general, Camiral Golf & Wellness will only keep personal data in the APP while the person maintains USER status. In the event that a USER deletes their account, Camiral Golf & Wellness will automatically delete all their personal data from the APP. This means that Camiral Golf & Wellness will no longer be able to continue processing them in the context of the APP and the provision of the SERVICES and they will not be accessible from now on by other USERS.

The data will not be deleted permanently from the database in those cases in which it is strictly necessary or mandatory to keep them due to an applicable law or regulation.

Deletion of the account does not imply the deletion of any personal data that Camiral Golf & Wellness may have already been processing prior to activation of the account by the customer. Camiral Golf & Wellness will process the data related to tax matters. In the case of data that are processed on the basis of the data subject's consent, they will be kept until the data subject revokes this consent.

8.2. General activity data and data shared with other USERS

In no event will Camiral Golf & Wellness be under any obligation to delete a USER's data that have been published on the APP as part of the USER's general activity and the SERVICES provided by Camiral Golf & Wellness, and in particular in relation to the USER's participation in different tournaments, provided that Camiral Golf & Wellness has complied with its data protection obligations at the required time.

In addition, as USER, you declare that you know and accept that any information that you may have shared with other USERS or that other people may have copied may continue to be seen after your account or profile has been permanently deleted. Such events are not included within Camiral Golf & Wellness' scope of responsibility, as it is beyond the parties' control to verify and remove content that other member(s) may use as a result of the information shared with them at any given time.

9. EXERCISE OF RIGHTS BY USERS

9.1. General considerations

In accordance with the rights conferred by current legislation on the protection of personal data, the USER may exercise the rights of access, rectification, restriction of processing, erasure, portability and objection:

1. By sending a request to the postal address given at the beginning of the T&Cs or by e-mail to privacy@camiral.com.
2. Through the different mechanisms enabled by Camiral Golf & Wellness at any given time through the APP and/or in the different interactions with the USER (e.g. through an "Unsubscribe me from this type of notification” link).

If, as USER, you consider that your rights have not been adequately protected, you can file a complaint with the Spanish Data Protection Agency, Calle Jorge Juan, 6, 28001 Madrid.

9.2. Considerations on connecting with friends

One of the APP's highlighted functionalities is its "Friends" module, which allows USERS to connect with each other and become "friends" (hereinafter, "FRIENDS") in the APP and share information about their activity from that moment on.

USERS can easily disable and/or enable their participation in this social module by setting their account preferences. They can also control different aspects related to the privacy of their data through the different setting options enabled at any given time by Camiral Golf & Wellness.

Regarding the current operation of this module, and its implications for privacy, as USER, you declare that you know and accept that:

1. If the module is enabled, you will appear in the search results for those USERS who are looking for other USERS to connect with. If you do not wish to appear in the search results, simply disable the "Friends" module.
2. In order for two USERS to be connected and become FRIENDS, both USERS must agree to connect.
3. Once they are connected, the FRIENDS may be informed of each other's activity as the occasion arises, including their upcoming visits, bookings and participation in events, depending on the settings that each FRIEND has saved at any given time in the associated privacy controls.
4. Regarding the personal data included in each USER's profile, at present FRIENDS can only view (i) the USER's profile picture, (ii) the USER's full name, and (iii) the USER's handicap.

9.3. Exercise of rights beyond use of the APP

USERS wishing to exercise their rights with Camiral Golf & Wellness, beyond the context of the SERVICES provided by the latter through the APP, must contact Camiral Golf & Wellness directly, in accordance with the channels provided and the instructions given by the latter at any given time.

10. OTHER RELEVANT ASPECTS

10.1. Use of device applications

The APP may use functions of the applications available on the USER's device and, therefore, access the data stored on it.

In any case, the APP will inform the USER about the use of such applications, and will request the USER's consent, informing the USER beforehand in clear and complete terms, and offering the possibility of accepting or refusing use of specific data that the APP requires for installation and operation.

USERS are advised not to install the APP if they do not wish the APP to use other applications.

10.2. Geolocation

In order to provide certain SERVICES, the APP may require and make use of the device's geolocation functionality. If the APP needs to have data on the USER's location, it will duly inform the USER beforehand.

In any case, Camiral Golf & Wellness informs the USER that the APP does not require or make any use of location data that are not strictly linked to and are strictly necessary for the different services enabled at any given time and for which the USER has expressly given consent through the mechanisms enabled for this purpose.

 

10.3. Images

Pursuant to the provisions of Basic Law 1/1982, of 5 May, on the civil protection of the right to honour, personal and family privacy and self-image, Camiral Golf & Wellness hereby informs the USER that the APP's features allow extraction of images published on the APP by Camiral Golf & Wellness (for example, in the context of sharing photographs of a tournament) so that they can be viewed by other USERS.

In this case, the images that may be published, and which may enable identification of the USER, are considered personal data, and Camiral Golf & Wellness will apply all the necessary technical measures to safeguard the USER's privacy.

For its part, Camiral Golf & Wellness reserves the right to delete or remove from the APP any image that does not comply with the provisions of the T&Cs and/or this Privacy Policy, and also to delete, remove and/or suspend any image that contains information deemed inappropriate (for example, with sexual content), without any requirement to give prior notice or subsequent notification.

Camiral Golf & Wellness reserves the right to consider an image "illegal", in which case the third party that has published it will be solely liable for its publication.

Should the USER publish any of the APP's contents via social media or using other tools or channels not related to the APP, the USER agrees to be subject to the T&Cs and this Privacy Policy as well as the terms and conditions stipulated by the above social media, tools or external channels.

10.4. Minimum age and use by children

The APP is not intended for children. Anyone registering as USER must be at least 14 years old in order to use the APP.

10.5. Code of conduct

Camiral Golf & Wellness considers the following behaviours, uses, actions, omissions or statements to be inappropriate:

1. Acting in a manner that is dishonest or unprofessional.
2. Posting inappropriate or inaccurate content.
3. Harassing, abusing, threatening or harming another person or USER.
4. Using or posting images or videos in the APP or publishing any comment in the profile that other USERS may find harmful or upsetting, or may give rise to discrimination on the grounds of any condition, race, ethnic group, nationality, religion, gender, sexual orientation, disability or disease, or are illegal, offensive, abusive, obscene, discriminatory or considered reprehensible for other reasons.
5. Using someone else's account or creating a false identity in the APP.
6. Making false statements or impersonating a third party's identity.
7. Including content that contains computer or other viruses that may delete, disrupt or hinder correct browsing of the APP.  
8. Selling, sponsoring or obtaining any financial or non-financial benefit through the APP without Camiral Golf & Wellness' express prior authorisation.
9. Sharing information about people who are not USERS without their express consent.
10. Performing actions that may damage Camiral Golf & Wellness' image.

USERS must use the APP correctly and abide by this code of conduct at all times.

10.6. Use of cookies

A cookie is a file that is downloaded to your device when you access certain websites or use certain apps. Among other things, cookies allow a website or app to store and retrieve information about the browsing habits of a user or the user's device and, depending on the information that the device contains and how it is used, they can be used to recognise users when they visit.

Pursuant to the provisions of Article 22.2 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE), by which users must be informed about the use of storage and data retrieval devices in terminal equipment, Camiral Golf & Wellness hereby informs that cookies will be installed on users' devices when they access and use the APP. For more details, see Annex 1.

10.7. Confidentiality

Camiral Golf & Wellness has access to USERS' personal data as described in Annex 1 of this Privacy Policy. Unless the USER states otherwise at any time and/or accepts that such information ceases to be so, this information will be considered confidential and the parties undertake to implement the necessary and reasonable mechanisms to ensure that it remains so.

10.8. Security

As stated in section 2 of this Privacy Policy, Camiral Golf & Wellness undertakes to implement the security measures that are required under applicable legislation and adopt, as far as possible, any additional measures of a technical, administrative, informative or organisational nature that may be necessary to meet the legal requirements on personal data protection and, in particular, to guarantee such data's security and integrity and their protection against tampering, loss, unauthorised processing or access.

As part of these measures, the USER is informed that the APP generally uses the HTTPS protocol (a standard protocol widely used on the Internet) to establish a secure communication channel between the USER's device and the APP's server and between the APP's server and Camiral Golf & Wellness' management system and/or other systems with which the APP's server needs to communicate in order to provide the SERVICES.

Providing the SERVICES through a secure communication channel means that confidentiality of the information exchanged between the USER's device and third parties is guaranteed, as an encrypted connection is established between the parties that makes it practically impossible for unauthorised third parties to access the information sent.

In addition, for providing the most sensitive SERVICES (for example, for automatic management of the USER's login and/or for processing data related to payment services provided on the APP), Camiral Golf & Wellness has implemented additional measures for enhanced security such as the encryption of certain USER data and/or APP functions, or procuring the services of specialised data processors (for example, to provide payment services and process credit card data).

11. MODIFICATIONS

Camiral Golf & Wellness reserves the right to modify, revise or replace this Privacy Policy whenever it considers it necessary. The USER of the APP will be informed beforehand of any modification affecting the APP.

Modifications, revisions and replacements will be effective immediately after their publication on the APP.

Your continued use of the APP or the SERVICES after such notice constitutes your agreement to be bound by the provisions of this modified, revised or replaced document, and confirmation that you understand and accept it.

Non-acceptance of the modifications entails losing the right to use the APP, and consequently, you should cease to use the SERVICES provided through it.

 

 

ANNEX 1.- PERSONAL DATA PROCESSED

The different categories of personal data processed as part of the SERVICES provided through the APP are listed below:

1. Information about the USER's general profile.

Including, among others, i) first name and surnames, ii) gender, iii) date of birth, iv) place of residence, v) play license, vi) contact details (email and mobile phone number), vii) general preferences, viii) profile picture, and ix) personal statistics.

Some of this information is initially provided by Camiral Golf & Wellness' management systems when activating the account for the first time, and then edited in some cases by the USER and/or Camiral Golf & Wellness.

1. User information specific to the account activated, and corresponding to the User's activity linked to Camiral Golf & Wellness. Among other items, this information consists of:

• Customer identifier.
• Date account activated.
• Date when the account was last accessed.
• Language preference and other interests and/or preferences with respect to Camiral Golf & Wellness.
• Information about the USER's activity at Camiral Golf & Wellness' facilities, and, in particular, in relation to visits, bookings, participation in events and other consumptions.
• Photographs in which the USER appears and are published by Camiral Golf & Wellness.

Some of this information (e.g. USER bookings, tournament start times) is provided for the specific occasion by Camiral Golf & Wellness and its management systems.

1. Basic information concerning APP settings made the USER (for example, settings for automatic alerts generated by the APP or specific settings for certain modules).
2. USER information concerning payment methods, transactions and balances. The APP enables the possibility of making payments through the APP. In this case, Camiral Golf & Wellness may process, among other items, the following additional data:

• Data associated with the USER's credit cards and provided by the USER, such as cardholder name, card number and security codes. These data in particular are processed by Camiral Golf & Wellness and the providers contracted by it at any given time for the provision of payment services through the APP. Accordingly, Camiral Golf & Wellness does not have access at any time to the card number and security codes provided through the APP, and which are duly tokenised by the corresponding payment institution and always in compliance with current legislation on electronic payments.
• Details of the different transactions carried out by the USER.

1. Multiple statistics on use of the APP by the USER.

Including, among others, i) the occurrence of different key events (e.g. a booking initiated or made, a new registration), ii) statistics on the use of specific app functionalities, iii) statistics on the specific content viewed, and iv) statistics on the number of sessions and average time per session.

The APP currently uses different Google solutions such as Firebase and Google Analytics to capture a number of these statistics.

USERS' personal data are obtained or gathered mainly by the means described below:

• Specific queries made to Camiral Golf & Wellness' management systems.
• Account activation forms.
• USER profile in the APP and in the Preferences and Settings sections.
• Databases of official organisations linked to the golf sector.
• Registrations for all manner of events, and participation in them, through forms and other channels such as emails or telephone calls.
• Information shared by the CLUB's management systems (e.g. in relation to information about USERS' bookings).
• Timetables and classifications sent by Camiral Golf & Wellness' management systems and/or published in the APP by Camiral Golf & Wellness.
• USERS' browsing and use of the APP.
• Satisfaction surveys and other offline initiatives linked to Camiral Golf & Wellness' activities in which the USER may take part.

 

 

 

ANNEX 2.- THE CLUB'S DATA PROCESSORS

Camiral Golf & Wellness uses different data processors to provide part of the SERVICES. Details on each are given below:

• Development and general maintenance of the APP. The CLUB uses the services of the Spanish company THE MULLIGAN FACTORY, S.L. with Fiscal Identification Code B-66767245 and registered office in Sant Cugat del Vallès, Barcelona.
• The company Shiji Information Technology Spain, S.A., with registered office at Passeig de Gràcia 17, 6th floor, 08007 Barcelona, and holder of Fiscal Identification Code A64956519, with whose management software the APP is integrated.
• Provision of infrastructure services. The infrastructure services of the company AMAZON WEB SERVICES EMEA SARL, with Fiscal Identification Code B-18628438 and registered office in Luxembourg, are used to operate the APP. Currently, the servers used by the APP are located in France.
• Sending an SMS with the activation key. For this function, the APP has been integrated with the solution provided by the Spanish company ASETEC GROUP INGENIERÍA DE SISTEMAS, S.L. with Fiscal Identification Code B-82149139 and registered office at c/ Río Ulla 14, 28017 Madrid.
• Generation and use of online forms. For this function, the tool and services of the US-based company JOTFORM INC can be used. This company guarantees that all data transferred to its servers will be processed with a protection level compliant with European regulations. According to this company, the data processed on behalf of Camiral Golf & Wellness are currently hosted on servers in Europe.
• Email marketing. For this function, Camiral Golf & Wellness uses a solution from Actito España S.A., a company with registered address at Av. Catedral 6-8 1st floor, 08002 Barcelona, with Fiscal Identification Code A65073744.
• Payment services. For this function, the APP uses the services and solutions of the payment institution REDSYS SERVICIOS DE PROCESAMIENTO, S.L. with registered address in Madrid, Calle Francisco Sancha 12, and Fiscal Identification Code B-85955367.
• Collection of APP usage data. Anonymised and non-anonymised. Specifically, the APP uses different Google services (Firebase and Google Analytics) that use cookies to store information that enables all kinds of statistics to be produced with respect to traffic and use of websites or applications.

The storage devices used to provide these Google services may be hosted on servers located outside of Spain. Google undertakes to not share the information obtained with third parties, except when this is necessary for the system's operation or when required by Law. According to Google, it does not store USERS' IP addresses. Google Inc. guarantees that all data transferred will be processed with a protection level compliant with European regulations.