Privacy Policy

Privacy policy: privacy notice for guests and visitors to website

1. Introduction

We respect your privacy, and we are committed to protecting your personal data. In this document (“Privacy Notice”), we would like to provide you with clear and transparent information about which personal data we collect, as well as the legal basis we rely on when processing your personal data. Please read this document carefully; it contains our Privacy Policy and information on how we use your personal data when you visit our website, book accommodations, stay in one of our properties or if you communicate with us for other reasons. If you have any questions, do not hesitate to contact us, as is described below in paragraph 4 – Contact information.

2. Versions and amendments

We will update this Privacy Notice from time to time to provide you with timely, accurate, and reliable information about how we collect and use your personal data. We will notify you of any changes to the way we process your personal data by updating our Privacy Policy and this Privacy Notice on the processing of personal data.

This Privacy Notice was updated on 30 May 2024.

3. About us

For the purposes of this Privacy Notice and applicable personal data protection provisions, including the General Data Protection Regulation (EU) 2016/679 (hereinafter: “GDPR”), the data controller and the company responsible for processing your personal data is MALA VILA d.o.o., with a registered seat in Stari Glog 5, 10342 Dubrava, Croatia, OIB: 97627151301 (hereinafter: “Mala Vila” or “we”).

4. Contact information

If you have any questions related to the protection of your personal data, you can contact us by:

E-mail at stay@malavila.com

Post at the address Stari Glog 5, 10342 Dubrava, Croatia.

5. Reasons for collecting personal data

Mala Vila d.o.o. is a company that, among other things, provides hospitality services.

We collect different types of personal data about you, depending on your relationship with us and the reasons for our communication.

6. Ways of collecting personal data

We collect your personal data directly from you, indirectly or automatically.

User Privacy Notice

MALA VILA d.o.o. takes data protection and privacy very seriously. We collect only relevant and necessary data to accomplish the specified purpose and to meet our obligations. Our buyers are informed about the way the collected data is used, moreover, they can control and determine how their personal data is used. Buyers can also decide whether they want their name removed from the list used for marketing campaigns.

All user personal data is kept strictly confidential. It is available only to employees who require such data to perform their work tasks. All employees of MALA VILA d.o.o. and business partners are obliged to demonstrate that their activities are compliant with the Data Protection Principles.

Statement about the Protection of Personal Data Transfer

Data protection pursuant to the General Data Protection Regulation of the European Parliament and the Council no. 2016/679- Regulation and implementation of the GDPR

Monri WSPay, being the processor of authorization and payment made by credit cards, uses personal data as the processor pursuant to the General Data Protection Regulation of the European Parliament and the Council no. 2016/679, and compliant with PCI DSS Level 1 Regulations for data transfers.

Directly from you

For example, in the following cases, we collect your personal data directly from you:

  • when you book accommodation, send us a request or otherwise provide us with your personal data;
  • at check-in and checkout;
  • when you make a payment;
  • when you make any additional requests or complaints (communication with our staff, including reception, waiting staff, housekeepers, etc.);
  • when you communicate with us on social media or by e-mail;
  • when, as a guest, you attend events we host;
  • when you participate in a prize game, contest, promotional campaign or survey;
  • when you leave comments about your stay;
  • when you leave us contact information;
  • when you join our loyalty programme;

Indirectly

We collect your personal data indirectly when it is provided to us by another legal or natural person, for example, in the following cases:

  • if another person makes a booking for you;
  • if the data about you is provided to us by our business partner, or an agency or intermediary through which you have arranged an accommodation service in our hotels (e.g., travel agency, accommodation booking platform);
  • if we receive data about you from your airline;
  • we may also obtain data about you from your payment service provider;
  • we may also obtain data about you from our advertising service provider.

Automatically

We collect your personal data through automated systems, for the purpose of improving our service or for security, for example, in the following cases:

  • by you using this website, we collect certain information about how you use our site, as well as device data (such as IP address, browser type);
  • for security reasons and to enable you to use the free internet, we record certain data about your device when you connect to our network;
  • for security reasons, we can record your photo on our surveillance cameras when passing through public areas (reception, hallway).

7. The types of personal data we collect

Personal data includes any data relating to an identified natural person or other data by which a person can be identified. The data we collect and process about you depends on your relationship with us and the reasons for our communication.

Examples of personal data we collect are:

Identification data

First and last name, form of address, gender, date of birth, username, PIN (OIB), and similar identifiers and data indicated on an identity card or passport.

Contact information

Address, e-mail address, telephone number, preferred language information.

Financial data

Payment details and invoice or credit/debit card number.

Transaction data

Transaction data includes data about which of our services you have used, dates and descriptions of services (stays, food and beverage consumption, prices, spa and wellness services).

Technical data

Technical data includes IP addresses, login information, location data, time zone, browser type and version, operating system, and other data about the technology you use to access our website.

Usage data

Includes data on how you use our website, products and services.

Marketing data

This includes data about your contact preferences.

Data about your preferences

Data on what kind of room you want, type of bedding and similar special requirements.

Special categories of personal data

Special categories of personal data are data on race, ethnicity, religious or philosophical beliefs, sexual orientation, political views, union membership, data about your health, genetic and biometric data.

As a rule, we do not collect these types of data, or data on criminal offences, except in the following exceptional cases:

We collect and process your allergy-related health data, if you have advised us to do so, in order to fulfil a contract and on the basis of your express consent;

As part of the provision of spa and wellness services, we collect data related to health, so that we can fulfil a contract and on the basis of your express consent;

In the case of organising COVID-19 testing, in order to fulfil a contract and for the purpose of protecting public health.

If you have made any of the above data manifestly public.

8. Legal bases for the use of personal data

We process your personal data only if we have a valid legal basis for it. The most common legal bases we rely on will be the following:

Contract

E.g., when you book accommodation in one of our properties, you enter into a contract with us.

Legal obligation

E.g., we check-in guests in the e-Visitor system in order to act in accordance with our legal obligation.

Legitimate interest

In cases where your rights and freedoms do not prevail over our legitimate interests, we process your data, for example, in order to record via surveillance cameras shared areas in our properties (e.g. reception area) for the protection of property and security. We do not use your personal data under this legal basis if we have determined that this would adversely affect your privacy and that our legitimate interest does not prevail over the obligation to protect your rights and freedoms.

Consent

As a rule, we do not rely on this legal basis, except in those situations where it is provided for by law and other legal bases are not applicable. For example, we process your data based on consent in the event of communication as part of our loyalty programme.

9. Your personal data

We collect different types of personal data about you, depending on your relationship with us and the services you use. In any case, we collect and process your personal data for legitimate purposes and on a valid legal basis.

By booking accommodation, you enter into an agreement on the provision of accommodation services with Mala Vila. We collect the information we need about you in order to establish a contractual relationship and to process a booking. Before your arrival, we will collect and process the information we need in order to provide you with the best and highest quality service and prepare for your arrival.

We also collect some data when you check into our facilities in order to fulfil our legal obligations.

In addition to collecting data to fulfil a contract and comply with our legal obligations, we process data because it is in our legitimate interest to do so, but only when our legitimate interest – based on the assessment we have made – does not prevail over the obligation to protect your privacy. Such situations are, for example, direct marketing or video-surveillance over public areas, such as the reception and parking area.

We rely on consent as a legal basis in exceptional cases, for example, when we ask you to provide your consent to join our loyalty programme.

For some types of data processing, several legal bases for data processing are applicable, depending on the circumstances and context. For example, when we process your personal data for the purpose of issuing invoices and billing accommodation, we do so both on a contractual basis and in order to comply with our obligations arising from accounting regulations.

10. Cookies

Our website collects cookies that contain certain information about how and in what way you use our website. Cookies are small text files that contain a unique identification and reference code that the web browser saves on your device and with which we can recognise you again when you access our website.

We do not use this data to identify you, nor do we use third party cookies for this purpose. Some cookies we collect last only during your use of our site, and some last a little longer, so that we can recognise you when you access our site again.

11. Direct marketing

Direct marketing is the sending of promotional offers by which we offer you similar services to your address or e-mail address. We communicate with you in this way based on a legitimate interest.

With each such communication, we will inform you about the possibility to easily (by clicking on the link) unsubscribe and ask us not to contact you in this way again. In addition, you can contact us in writing at our e-mail address stay@malavila.com.

12. Personalisation and advertising

For the purpose of personalising the service, we use identification data, contact information and transaction data. At a general level, we may analyse the behaviour of our users and try to assess their specific interest. Based on this, we may group users, and based on such segmentation, we show personalised ads.

Just because you see one of our ads, it does not mean that Mala Vila created your profile, it is possible that we just rented advertising space and you happened to come across one of our ads. In cases where we send targeted ads, we do so on a retargeting basis, in collaboration with partners. Even then, this is not confirmation that Mala Vila has created your profile, but it is possible that our partner – e.g. Facebook or Google – based on other options and your use of other websites that Mala Vila does not have access to, estimated that you belong to a target group that might be interested in our ads.

Automatic data processing for advertising purposes does not affect your rights or our services that you may use.

13. Statistics

For the needs of our business, strategic planning and making important business decisions, we use statistical data analysis. This means that, based on a legitimate interest, we will process the data we have collected and processed about you on another legal basis, for example to comply with legal obligations or fulfil a contractual obligation, such as your age, nationality or the language you speak.

When we process your data for statistical purposes, we continue to use it exclusively in an aggregated, depersonalised form. This means that this data can no longer be linked to you in any way and no longer represents your personal data.

14. Recipients of personal data

We do not share your personal data with third parties for the purpose of advertising their services. We will not sell your personal data to third parties.

In certain cases, we will share your personal data with other recipients, as follows:

With affiliated companies or companies that are affiliated companies of Mala Vila d.o.o.

In cases where it is necessary to share your personal data in order to fulfil a contract to which you are a party;

In cases where you have agreed to share your personal data with a third party (e.g. in the case of the use of cookies);

With judicial, tax, auditing and other competent authorities, when we have reason to believe that we are obliged by law and other regulations to share such data (for example, at the request of the tax authority or in connection with expected litigation);

With payment service providers with whom we have concluded agreements on the processing of personal data;

With IT service providers with whom we have concluded appropriate data processing agreements, and whose systems we use in our business (CRM system (Rentlio d.o.o.), Microsoft Office 365,);

With the e-Visitor system, in accordance with the regulations on the provision of hospitality services and the manner of keeping a list and registration of tourists;

With other service providers who provide a specific service for us, including external consultants, investment advisory service providers, professional advisors such as auditors, lawyers or accountants, marketing and market research agencies, technical support service providers and IT consultants who conduct certain testing or work on developing technical solutions in our systems;

In case of a merger or takeover of Mala Vila d.o.o. in the future, we may share your personal data with the new owners of the company, and certain personal data may also be transferred during the purchasing process, to potential customers and their advisors, as part of the due diligence process.

15. Cross-border data transfers

We want to ensure that your personal data is stored and transferred securely. Therefore, outside the European Economic Area (hereinafter: EEA), we will only transfer data if this complies with the applicable data protection regulations and if the means of transmission ensure an adequate level of security for your data, for example:

Transfer of data to a third country, based on a decision of the European Commission on adequacy, which establishes that the legislation of that country has ensured an adequate level of data protection; or

A Data Transfer Agreement concluded with a third party, which contains standard contractual clauses accepted by the European Commission for data transfer cases within the EEA, to controllers and processors in jurisdictions without an adequate level of data protection; or

if you have expressly consented to the data transfer.

When we transfer your data outside the EEA and in cases where the country or territory to which the data is transferred does not ensure an adequate level of data protection, we will take all reasonable steps to ensure that your data is treated securely and in accordance with the privacy policy contained in this Privacy Notice.

16. Security of personal data

We apply technical and organisational measures to ensure that your data is secure and to protect it from accidental or intentional unauthorised access, loss or modification. We have ensured that your data can be accessed only by those persons who have a business need for it, solely for the purposes that are permitted and of which you have been notified, and that these persons are obliged to keep your data confidential.

If you suspect any unauthorised use, loss or unauthorised access to your personal data, please notify us.

17. Data storage and retention periods

We store your data as long as it may be necessary in accordance with the purpose for which it was collected, including in order to comply with legal obligations. After the expiry of the retention period, we will delete the data, and in cases where this is not technically possible, we will make the data unreadable. In the event that we still need some data for legitimate business purposes after the retention period has expired, we will take appropriate steps to anonymise that data.

According to the law, we keep data on guests for at least two years after the year of stay, and we must keep data in the e-Visitor system for 10 years.

We keep data related to accounting regulations for 10 years. This includes invoices and bills that may contain your personal data.

If using a credit card to guarantee a reservation, we keep a record of credit card data in our system up to 30 days after you check out; if a credit card is charged in the amount of the guarantee, we store the data in accordance with accounting regulations.

If we use your credit card data for the purpose of guaranteeing your reservation, we will keep this information in our systems for a maximum period of 30 days after your check-out. If the guarantee is used and we charge your card, this information will be retained for a longer time period, in line with accounting regulations.

We store data based on our legitimate interest in accordance with justified and reasonable business needs.

We keep data related to surveillance videos for up to six months.

We store the data we collect on the basis of consent, until the consent is withdrawn.

18. Your rights regarding the processing of personal data

Access. You have the right to access your personal data at any time by sending a request requesting that we provide you with all your personal data that we process.

Restriction of processing. You have the right to object to certain processing activities, for example, if we process your personal data on the basis of a legitimate interest.

Portability. You have the right to request a transfer of personal data to another service provider – in practice, this means that you have the right to request that we provide you with all personal data that we process in a machine-readable format or to request that we provide it directly to another company.

Rectification. You have the right to request an update, rectification or supplementation of your personal data at any time.

Erasure. You have the right to request the deletion of your personal data. We will comply with your request if we do not have a legal obligation or a valid reason of a legal or business nature for which we should continue to keep it.

Withdrawal of consent. In the event that we process your data on the basis of consent, you are entitled to withdraw your consent at any time. We will stop processing personal data collected on this legal basis without delay.

You can make all requests by sending a written request to the business address Mala Vila d.o.o. Stari Glog 5, 10342 Dubrava, Croatia or by e-mail to stay@malavila.com.

Complaint. You are also entitled to submit a complaint to the local supervisory authority for data protection – the Croatian Personal Data Protection Agency, at the address:

Agencija za zaštitu osobnih podataka

Selska cesta 136

HR – 10 000 Zagreb

Tel. +385 (01) 4609-000

Fax. + 385 (01) 4609-099

E-mail: azop@azop.hr**

Web: www.azop.hr**

We inform you that we will keep records of our communication so that we can resolve any issue you contact us about as efficiently as possible.

We process your rights free of charge, and we will only exceptionally charge you the administrative cost of processing the request, in accordance with the provisions of the GDPR. In that case, we will notify you before the cost is incurred.