Cookie Policy

This contract is personal to the client with whom it is made, and is therefore not in any part or form transferable.

1. PRIVACY POLICY

Introduction

At The Hotel, we care about your personal information. It is of the utmost importance for us that all processing of personal data takes place in consideration of the privacy of the individual. This is why we always do our best to ensure that all processing of personal data takes place in accordance with the General Data Protection Regulation (the “GDPR”) and other applicable legislation. This privacy policy (the “Policy”) applies to personal data about guests, customers and suppliers as well as other individuals who may be registered in IT systems (such as booking systems), website, apps, loyalty programs or the equivalent or personal data that is transferred from travel agencies, other booking sites or similar.

Who is the controller?

The Hotel (Elba Leasehold BVBA)

Boulevard de Waterloo 38
1000 Brussels
VAT: BE 0889.633.520

privacy@thehotel.be

How we collect personal data

Depending on the situation, we collect information directly from you or from other sources. 

From you

When you contact us regarding a reservation or making a hotel reservation, have special requirements regarding your visit or use a social media that we provide, we will collect and process the information that you provide us with. This could include sensitive personal data, such as information about allergies. 

From other sources

If someone makes a reservation for you, we process these personal data about you.

Also, sometimes we receive personal data from third parties (including other companies within our group) with whom we do business or that are suppliers to us.

In addition, if permitted by law, we – or a third party – can under certain circumstances use tracking tools (such as cookies) to collect information about you. More information about the use of cookies on our website can be found in the cookie policy.

Under certain circumstances we process personal data about you that originates from publicly available sources like social media. This is for example the case when you make a review about our hotel on a website.

In those cases where we process, personal data about you that we receive from other sources than yourself, we will provide you with information in accordance with the GDPR.

Different types of processing activities

Information regarding guests and customers

Type of personal data

• contact information (for example your name, e-mail address, telephone number and address),
• demographic information (such as age, gender, age and language),
• guest stay information (which could include special categories of personal data, such as information about allergies, stay preferences and wishes),
• a copy of the details of your passport or identity card (which can include your name and address, your place of birth and birthdate and your national identification number, the number of your passport or identity card and your nationality),
• payment information (such as credit card number),
• business information.
• information relating to your (previous) reservations (for example past visits, date of arrival, date of departure), 
• guest assistance comments.
• information (for example feedback about our hotels and services) that you submit to us (e.g. through customer satisfaction surveys).
• information collected in the context of restaurant reservations, booking spa visits, conference room reservations, car par bookings and other additional services and facilities of The Hotel, 
• other personal data that you provide to us voluntarily (e.g. in your inquiries or complaints).

Legal basis for the processing

The processing of your data is based on:

• your consent (in cases we have asked for it and you have accepted it),
• the performance of a contract to which you are a party, in order to take steps at the request of you to entering into a contract (for example in relation to a reservation),
• or a legal obligation (for example the legal obligation for accommodation providers to register hotel guests).
• We may also process data based on our legitimate interests. We have for example a legitimate interest in offering our guests and customers the highest possible standard of service.We also have a legitimate interest in contacting our guests to ask them about their stay in our hotel. When processing is based on legitimate interest, we shall make a balance between our legitimate interests and your rights and interests.

Purpose

To provide you with the services and products that you have asked for (for example in relation to a reservation), to provide you any add-on services related to your stay or visit on your request, to evaluate and improve our services (for example, through analyzing comments, complaints and post-stay surveys), to process any inquiries or complaints addressed to us,  and to fulfil our legal obligations (for example to register hotel guests).

Information regarding contact persons

Type of personal data

Contact details such as name, e-mail address and telephone number.

Lawful basis for the processing

We process your personal data based on our contractual relationship or our legitimate interests. When processing based on legitimate interest, we shall make a balance between our legitimate interests and your rights and interests.

Purpose

We process personal data for the purpose of managing the supplier relationship, for contacts in various questions, billing and marketing (if applicable) or to communicate in other ways with you and your company.

Social media

Type of personal data

The personal data that you submit to us on any social media platform (e.g. name, e-mail address and telephone number).

Lawful basis for the processing

• consent (in cases we have asked for that and you have accepted it)
• the performance of a contract to which you are party or in order to take steps at the request of you to entering into a contract
• We may also process data based on our legitimate interests. When processing based on legitimate interest, we shall make a balance between our legitimate interests and your rights and interests.

Purpose

To provide you with the services and products that you want, to manage and market our services and products and to communicate with you, to process your reviews, to address your questions or complaints.

E-mail

Type of personal data

Name, e-mail address, telephone number and any other personal data that you submit to us via e-mail. 

Lawful basis for the processing

• consent (in cases we have asked for that and you have accepted it)
• the performance of a contract to which you are party or in order to take steps at the request of you to entering into a contract, or
• our legitimate interests when processing is based on legitimate interest, we shall make a balance between our legitimate interests and your rights and interests.

Purpose

To provide you with the services and products that you want, to manage and market our services and products and to communicate with you, to address your requests, questions or complaints.

Personal data regarding children

To our knowledge, we are not in contact or collect personal data from children under 18 without relevant permission from a parent or guardian. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information.

Direct marketing communications, newsletters

Type of personal data

Name and e-mail address

Legal basis for processing

The Hotel has a legitimate interest in sending marketing information to its existing customers regarding its own similar products and services (e.g. event invitations, promotions and special offers, …) including via social media. If you do not wish to receive our communications you can express your preference at the time we collect your information (e.g. at the form you fill out at check-in). In addition, if we process your data for marketing purposes, you have the right to object at any time (see further below regarding your opportunities and rights in relation to this). You can object, for example, by using the unsubscribe links in the relevant communication.
If you are not a guest or a client, we may use your personal data to send you marketing information (e.g. event invitations, promotions and special offers, …) including via social media if you have given us your prior consent to do so.  
If you have consented to receive our marketing communications or digital newsletters, you may withdraw your consent your consent at any time.

Purpose

We use your personal data to keep you informed about our services, events and promotions.

Camera surveillance

The Hotel uses camera surveillance. Camera surveillance is deemed to be particularly sensitive from a privacy perspective and it is of great importance that all camera surveillance take place in accordance with the relevant legislation in effect from time to time.

The camera images are processed on the basis of our legitimate interest to secure and protect our hotel and our guests. Entering an area where a pictogram indicates that camera surveillance is taking place is considered to be prior consent under Belgian camera legislation.

The camera images are processed in accordance with the camera legislation. The Hotel has indicated the camera surveillance by means of a pictogram, it has notified the cameras to the competent authority and it has included information in a specific record.

For more information about data processing through the CCTV system installed at The Hotel, check our CCTV privacy notice.

Profiling

In order to provide you with premium service each time you visit our hotel, we may keep a profile about you, which can include information about your previous stays (such as how often you visit our hotel, when you visited our hotel the last time as well as financial information about your past stays).

The processing of your personal data is based on our legitimate interest to provide tailor-made customer service.

Jobs

Type of personal data

The information you provide us with, such as your name, telephone number, e-mail address, CV, and your cover letter. In a number of cases, The Hotel also receives data from third parties, such as social networks through which you apply, e.g. LinkedIn, selection and recruitment agencies, which carry out tests in the context of the application, your previous employer, but only if you have given your consent to do so.

Legal basis of personal data

Depending on the individual case, the processing of your personal data for recruitment and selection purposes is based on:

• your consent, e.g. to contact your former employer or to share your data;
• your request to take steps prior to entering into an agreement, for example if you send us your (spontaneous) application; or
• on the basis of our legitimate interest, including identifying, screening and evaluating applicants for potential employment and maintaining a recruitment reserve.

After the recruitment and selection procedure, The Hotel will retain your data in its recruitment database for future vacancies. In the communication in which we communicate the decision about your application, we offer you the opportunity to oppose this.

Purpose

The Hotel collects and uses your personal data exclusively for recruitment and selection purposes as set out above.

For more information about processing of your personal data in the context of a job application, please check our Job applicant privacy policy.

 

Different kind of systems

Depending on the circumstances, we may process personal data in, or in relation to, inter alia, the following types of systems:

Property management system, property operation system, staff registration system, productivity system, telephone system, accounting system, clock system, yield management system, revenue center system, communication system, salary system, credit card system, key card system, TV and IT infrastructure (Internet etc.) and video surveillance system.

Who are the recipients or the categories of recipients which will receive the personal data?

In order to serve you, we may share your personal and anonymous data with :

• other companies (including companies within the Pandox group), such as vendors, contractors and co-operation companies. Their use of information is limited to these purposes and subject to agreements that require them to keep the information confidential. Our vendors provide assurance that they take reasonable steps to safeguard the data they hold on our behalf, although data security cannot be guaranteed.
• third parties that are data processors that perform services to us (e.g. companies that assist us in marketing activities or IT operations.
• other group companies (e.g. to facilitate reservations).
• lawyers and advisors of Pandox Group, external Data Protection Officer.
• relevant authorities. (e.g. in the context of our obligation to register guests).
• trusted partners in order to provide you with relevant advertising offers or services.
• Analytics companies may access anonymous data (such as your IP address or device ID) to help us understand how our services are used. They use this data solely on our behalf. They do not share it except in aggregate form; no data is shared as to any individual user.
• potential acquirers of the company: in case (a part of) our business is sold to a third party, your data may be shared with the acquirer.

Will transfers be made to any third country?

As a main rule, we do not transfer any personal data to a third country (i.e. a country outside the EU/EEA). 

It is possible that service providers of The Hotel process your data outside the EEA. In this respect, The Hotel is committed to ensuring an adequate and sufficient level of protection for your data (e.g. by concluding the standard contractual clauses of the European Commission - article 46 GDPR) or by any other appropriate safeguards. If you have any questions about the transfer of your personal data outside the EEA or if you want to obtain a copy of the relevant documents, you can send a dated and signed request to privacy@thehotel.be.

How long is the personal data saved? 

We will not save personal data longer than necessary taking into consideration the purpose of the relevant processing. Data may be kept longer in case of complaints or threatened or pending litigation. Our managers shall ensure that any routines applicable to deletion of personal data are complied with. Please note that certain laws require that certain types of information must be saved for specified periods of time (e.g. we are required to keep data about hotel guests for a period of minimum 7 years after their stay). Camera images are kept for a period of in principle one month.

What rights do you have as a data subject?

At The Hotel we respect your rights. 

You have the right of access to your data, to have your personal data corrected, in certain cases to object to the processing and to require the personal data to be erased, to be restricted (a marking that the processing of the personal data should be restricted to a particular purpose), and to be turned over to you on an IT medium (data portability).

Please note, however, that some personal data is necessary in order to be able to fulfil certain duties, such as payment information, and may therefore not be restricted or erased for this purpose.

You also have the right to withdraw your consent where the processing is based on consent. Where this is the case, this will be stated as the legal basis in the relevant sections above.

In order to exercise your rights under the GDPR, please send your request to privacy@thehotel.be.  

Please see below for a more detailed description of your rights as a data subject but note that exercising your rights may be subject to exceptions or conditions. 
 

• A.     Right of access

You are entitled to obtain access to your personal data we process. If you wish to exercise this right, send us a request as explained below.
 

• B.       Right to correction

As a data subject, you have the right to ask that we correct any incorrect personal data about you as a data subject. This also means that you, as a data subject, are entitled to supplement incomplete personal data, among other things by providing a supplemental statement. Such supplementation relates to personal data which is missing and which is relevant taking into consideration the purpose of the processing of the data.
 

• C.       Right to erasure

You are entitled to contact us and request for your personal data to be erased. The personal data must be erased in the following cases:

• where the data is no longer necessary for the purposes for which it was collected.
• where the processing is based on your consent and you withdraw the consent (and there is no other legal basis for the processing).
• where the processing takes place for direct marketing and you, as the data subject, oppose the processing of the data.
• Where you, as the data subject, oppose processing which takes place following a weighing of interests and there is no legitimate reason which overrides your interest.
• where the personal data has been processed unlawfully.
• where erasure is required in order to fulfil a legal obligation.
• where the personal data relates to children and has been collected in conjunction with the child creating a profile in a social network.

We are entitled to deny erasure in certain cases, among others in order to fulfil a legal obligation.
 

• D.      Right to restrict processing

In certain cases, you have the right to require that we restrict the processing of your personal data. A restriction entails that the data is marked so that in the future it may only be processed for certain limited purposes. The right to restriction applies where you believe that the data is incorrect and request a correction. In these cases, you can request a restriction of the processing during the period of time in which we are investigating the accuracy of the data.
 

• E.       The right to data portability

You have the right to receive the personal data regarding you, that you yourself have provided us, in a structured, commonly used and machine-readable format and to transfer this data to another controller. This right applies to automated processing where the processing of personal data is based on your consent or on an agreement with you.
 

• F.       Right to make objections

You are entitled, at any time whatsoever, to object to our processing of your personal data where it involves personal data which is being processed based on a legitimate interest. In such case, we may no longer process the personal data unless we can demonstrate a compelling legitimate reason for the processing which overrides the interests, rights and freedoms of the data subject, or where the processing takes place in order to establish, exercise or defend against a legal claim.

Where the personal data is processed for direct marketing, you as a data subject are entitled at any time whatsoever to object to the processing of personal data involving you for such marketing, including profiling to the extent this is connected to such direct marketing. 

Have we asked for your consent? Then you can always withdraw your consent!

In certain cases we ask for your consent in order to provide you with certain services and process your personal data. Following your consent, we will only process your personal data for the purposes related to such service, product or similar.

In the following cases, inter alia, we may request your consent:

• Marketing activities;
• In relation to processing of children’s data (where we will obtain consent from a parent);
• If we process special categories of personal data (such as allergies).

When the processing of your personal data is based on consent, you are entitled to withdraw your consent at any time. This shall not affect the lawfulness of the processing carried out on the basis of your consent before it was withdrawn. If you would like to withdraw your consent, please refer to the same service, website or similar where you consented or contact us using the contact detail below.

Complaints

You are always entitled to file a complaint with the Belgian Data Protection Authority.

You can contact the Belgian Data Protection Authority  at contact@apd-gba.be or by going to its webpage https://www.dataprotectionauthority.be. The complaint can also be made to a data protection authority other than that of Belgium, if said data protection authority is that of the EU Member State in which you have your habitual place of residence or of the place where the alleged breach took place. A list of the national Data Protection Authorities can be found here.

However, in case of any questions or objects, we request you contact us first to enable us to resolve the issue.

Security measures

We have implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk with relevant processing activity (including reasonable steps to secure your personally identifiable information against unauthorized access or disclosure). We encrypt transmission of data on pages where you provide payment information. However, no security or encryption method can be guaranteed to protect information from hackers or human error. Please always use the internet with caution.

Miscellaneous

You are not obligated to provide us with any information and personal data about you. However, in some cases, we will not be able to provide you with some of our services or products if we are not allowed to process your personal data.

Contact details

If you have any questions or concerns about our privacy policies or our processing of your personal data, please contact us:

The Hotel (Elba Leasehold BVBA)
Boulevard de Waterloo 38
1000 Brussels
VAT: BE 0889.633.520 
+32 (0) 2 504 11 11
privacy@thehotel.be

Updates of the Policy

This privacy statement last changed on the 16 March 2023.

We may update this policy from time to time. We will always post an updated copy on our relevant websites. Therefore, please check our site for updates.