Privacy Policy

  1. Data of the Data Controller
  • Company Name: Fauria Grup S.L
  • Commercial Name: Rent a Car Costa Brava
  • Registered Office: Av. Vidreres 3 Lloret de Mar 17310 Girona
  • Telephone: 972 36 78 08
  • Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Our Privacy Policy has been designed in accordance with the EU General Data Protection 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, and repealing Directive 95/46/EC (General Data Protection Regulation),  and Organic Law 3/2018 of December 5, Protection of Personal Data and Guarantee of Digital Rights. By providing us with your data, you declare to have read and know this Privacy Policy, giving your unequivocal and express consent to the processing of your personal data according to the purposes and terms expressed herein. The Company may modify this Privacy Policy to adapt it to new legislation, jurisprudence or interpretation of the Spanish Agency for Data Protection. These privacy conditions may be complemented by the Legal Notice, Cookies Policy and the General Conditions that, where appropriate, are collected for certain products or services, if such access involves any specialty in the protection of personal data.

  1. Categories of personal data

The following categories of personal data may be processed by our company in connection with our services:• Master data: e.g. name, surname, gender, date of birth, address (private and/or work), password, customer number, belong to them.• Contact details: this includes, for example, telephone number, e-mail address (private and/or work),  if applicable, fax number, telephone number of third parties, content of communications (such as emails, letters, telefaxes).• Contractual data: driving licence data, identity card, passport, photo (selfie) taken by you with your smartphone or tablet, rental information (vehicle category, date of collection and delivery, pick-up and delivery station,  extras/contracted services, reservation number and rental contract number, registration of the vehicle you have rented), auto-generated PIN, credit check results, photograph of the driver's license and information about customer and partner loyalty programs.• Financial information: Credit card details, account number and bank details.• Voluntary information:  This includes data that you voluntarily provide to us without us expressly asking about it, such as wishes about the equipment of the vehicle or the indication of the preferred vehicle category, nature of the complaint or survey responses.• Data of third parties: Personal data, e.g. of relatives, a second driver,  passengers under your rental agreement• Telematics data (for connected vehicles): e.g. Bluetooth authenticator, GSM trigger, mileage, fuel tank level, vehicle location, vehicle incidents.• Special categories of data: in the event of an accident, damage to the vehicle or a similar incident, we process information relating to what happened and the damage caused. This data may be provided by customers, passengers or injured persons. In these cases, health-related data such as indications of injuries, blood alcohol concentration, driving under the influence of narcotic drugs or the like may also be processed.

 

  1. Legal basis for data processing at Rent a Car Costa Brava

Article 6(s). 1, first sentence, letter a) of the General Data Protection Regulation (GDPR): according to this provision, the processing of personal data is permitted when you have given your consent to do so.

Article 6 para. 1 sentence first sentence (b) GDPR: according to this provision, the processing of personal data is lawful if this is necessary for the performance of a contract to which you are a party, or in order to take the necessary steps in response to your rental request prior to the conclusion of a contract (e.g. when booking a vehicle).

Article 6, paragraph 1, first sentence letter c) of the RGPD: according to this provision, the processing of data is lawful when it is necessary for compliance with a legal obligation of Rent a Car Costa Brava.

Article 6, paragraph 1, first sentence letter f) of the GDPR: according to this provision, the processing of personal data is lawful when it is necessary for the satisfaction of legitimate interests pursued by the controller, i.e. Rent a Car Costa Brava, or of a third party, provided that the interests or fundamental rights and fundamental freedoms of the interested parties do not prevail over those interests,  that is, yours.

Article 9 (2) lit. f GDPR: according to this provision, special categories of personal data may be processed where such processing is necessary for the establishment, exercise or defence of legal claims. Data on the health of data subjects also belong to the special categories of personal data.

 

  1. Purpose of the Processing of Personal Data

The processing we carry out of your personal data responds to the following purposes:

  1. Identity validation and driving license

Purposes of processing

Your identity and driving licence are verified within the Rent a Car Costa Brava system through a photo identification process or by one of our employees. For this purpose, we process your master data, contract data (driving license data and photo). The copy of your driving licence will be deleted after 36 months. The information that you have a driving license will be stored in your Rent a Car Costa Brava account for a maximum of six years and will be reviewed periodically. Legal basis of processing Art. 6 (1), paragraph 1, point a), c) GDPR in accordance with Article 384 of the Criminal Code. Recipients of your data For the aforementioned purposes, we transmit your data to service providers to validate your identity and driving license.

  1. Vehicle reservation

Purposes of processing

If you want to rent a vehicle you can make a reservation in advance using the website or by phone. In this context we process your master, contact and contractual data insofar as it is appropriate for the purpose of booking or changes to the booking you have requested from us. If you book your vehicle through travel agencies or other agents, your master details, contact details, rental information and, if necessary, financial information will be transferred to us by these partners. If you book your vehicle through a travel agency, an online travel agency or other intermediaries, our partners will transfer your master data, contact details, rental information and, if applicable, financial data to us.

When making transactions, in addition to the data mentioned above, data to determine the device used by the user may be processed for the purpose of securing payment transactions and complying with legal requirements (e.g. regarding strong identity authentication when making payments).

 Legal basis of processing

 Art. 6 (1), paragraph 1, point a) GDPR if the basis is consent.

Art. 6 (1) paragraph 1, point b) GDPR for data processing to book vehicles including payment processing and providing customer service.

Art. 6 (1) paragraph 1, point c) GDPR for the processing of data for the purpose of complying with legal regulations regarding payments and retention periods according to commercial and tax regulations.

Recipients of your data

For the purposes indicated above, we provide your data to the following recipients: Information technology providers, customer service centers, credit agencies, companies of Grup Fauria and other cooperation partners of RENT A CAR COSTA BRAVA.

As part of our fraud prevention measures, we also transmit – in situations where third parties have suffered fraud or are at risk of fraud – personal data to those third parties who have suffered fraud or are at risk of fraud.

  1. Car rental

 Purposes of processing

We process your master, contact, contractual, financial data and any other data that you have voluntarily provided us to facilitate the completion and execution of the lease.

In addition, we use master, contact and contractual data for customer relationship purposes, e.g. to manage complaints or changes to the booking you have requested from us.

We also use your master and contract data for the purpose of reconciling accounting entries (commissions and processing sales) with, for example, travel agencies, agents, franchisees and other cooperation partners. In order to be able to materialize your reservation request, we transfer your data to associated companies in the event that we do not have the requested vehicle or the type of vehicle. In addition, we are obliged by law to provide your data to law enforcement authorities when requested, such as when we process master data, contact data and contractual data within the framework of communication obligations towards the authorities (based on article 25 of the Organic Law on Public Safety).

 We use financial service providers to process payment transactions (including providing bank card guarantees). When making transactions, in addition to the data mentioned above, data to determine the device used by the user may be processed for the purpose of guaranteeing payment transactions and complying with legal requirements (e.g. regarding identity authentication when making payments).

 If you wish to pay the rental amount by direct debit, use the RENT A CAR COSTA BRAV services or book a rental of a certain duration, in that case we will process your master and financial data to analyze your financial solvency by requesting information from credit agencies.

RENT A CAR COSTA BRAVA reserves the right to deny the rental with respect to people who present defaults, contractual or legal breaches or uncivil or antisocial behavior towards other customers and employees. For this purpose, we process personal data to exercise our right of admission and freedom of contract. For this purpose we process your master and contact data.

Once the rights and obligations arising from the vehicle rental contract have been fulfilled by both parties, their master, payment and contractual data will be stored for the periods stipulated by the corresponding applicable regulations (corporate, tax, prevention of money laundering, etc. -normally between four and ten years-).

Legal basis of processing

Art. 6 (1), paragraph 1, point b) GDPR regarding the processing of data required to perfect and fulfill lease agreements and for customer relationship purposes.

Art. 6 (1), paragraph 1, point c) GDPR regarding the processing of data required to detect, prevent and investigate crimes and misdemeanours, to examine and save driving license data and to comply with retention periods in accordance with corporate and tax regulations.

 Art. 6 (1), paragraph 1, point f) GDPR regarding the processing of data required to reconcile accounting accounts with third parties, determine the amounts you owe us, mitigate risks and prevent fraud.

Our legitimate interest in processing your personal data to improve our services and customer service lies in the fact that we want to provide you with the best possible services and improve customer satisfaction on an ongoing basis.

Insofar as data processing is required to perform analyses in order to prevent damage to our company and our vehicles, our legitimate interest lies in maintaining cost security and preventing economic disadvantages deriving, for example, from non-payment or loss of our vehicles.

Recipients of your data

 For the purposes indicated above, we provide your data to the following: information technology providers, customer service centers, collection companies, financial service providers, credit agencies, companies of Grup Rent a Car Costa Brava, associated agencies and other cooperation partners of RENT A CAR COSTA BRAVA.

As part of our fraud prevention measures, we also transmit – in situations where third parties have suffered fraud or are at risk of fraud – personal data to those third parties who have suffered fraud or are at risk of fraud.

  1. Marketing and direct advertising

Purposes of processing

We develop different measures for advertising purposes, to encourage customer loyalty, optimize customer offers and for market research and survey purposes. We may use the data collected during the last three years to provide you with rental services and other appropriate mobility solutions, services or additional products, such as mileage packages, recommended coverages and other additional services such as the diesel option. This data also allows us to have your preferred vehicle or model available. Additional services or products may be offered to customers based on preferences shown by similar customers. In this context, we process your master and contractual data.

We process your email address, which you have referred to us in connection with the sale of a product or service, for the purpose of direct advertising regarding our own services or similar products, as well as to offer other services derived from the rental of your vehicle.

 

You can object to the processing or use of your data for direct marketing purposes at any time without incurring additional costs on top of what is a usual transmission (e.g. internet connection, mail). Please send any objections to: FAURIA GRUP S.L Av. Vidreres n 3 Lloret de Mar (Girona) or by email to: This email address is being protected from spambots. You need JavaScript enabled to view it. indicating the reference: Objection.

 

 In case of objection, your email address will be included in our ad block list. In this way, we ensure that your data is not processed for advertising purposes. If you do not wish to be placed on our ad block list, you can also ask us to delete your email address (see → J: Rights of data subjects). However, you may receive advertising messages again in the future if the legal requirement is met.

Legal basis for processing

Art. 6 (1) paragraph 1 point a) GDPR regarding data processing for the purpose of implementing direct marketing measures that require express prior consent.

Art. 6 (1) paragraph 1 point b) GDPR regarding the processing of data for the purpose of performing a contract (e.g. the contract to participate in a sweepstakes) or for the purpose of taking the necessary steps to conclude a contract.

Art. 6 (1) paragraph 1 point f) GDPR regarding data processing for the purpose of implementing direct marketing measures that do not require prior express consent and to implement such marketing measures (→ Purposes of processing);

Art. 6 (1) paragraph 1 point f) GDPR in conjunction with Art. 21 (3), Art.17(3) point b) GDPR for treatments relating to the advertising block list.

Our legitimate interest in using your personal data for the purpose of implementing the aforementioned direct marketing and marketing measures lies in our desire to demonstrate the quality of our Services and to foster a long-standing customer relationship with you.

Recipients of your data

Fauria Grup S.L

 

 

  1. Damages, accidents and infringements

Purposes of processing in respect of damage or accidents

In cases where damage to our vehicles is detected or our vehicles are involved in an accident, we process your personal data for the following purposes:

  • providing customer service in case of damage
  • Managing claims
  • processing damages that are the result of accidents (processing based on information provided by you and information from third parties, such as the police, the next tenant, witnesses, etc.).
  • resolving claims.
  • Receiving and handling complaints
  • Providing help and assistance
  • securing and raising our own claims

In this context, we process your master, contact, contractual, financial, third-party data and, if applicable, special categories of personal data (health data).

Legal basis for treatment in respect of damage or accidents

Art. 6 (1) paragraph 1 subparagraphs b), c), f) GDPR and Art. 9 (2) point f) GDPR.

Our legitimate interest in using your personal data lies in properly handling cases for damages or accidents, as well as protecting our company from damage. This also includes our legitimate interest in bringing legal claims or defending against such claims when handling such damages or accidents. We also have a legitimate interest in providing you with vehicles that are not damaged at all times. Furthermore, we are obliged, in accordance with our contractual relationships with third parties (e.g. insurance companies), to process your data for the purpose of settling claims for damages. Our legitimate interest in this respect lies in ensuring the performance of contracts.

 Purposes of the treatment with respect to traffic and circulation sanctioning files

 In those cases in which disciplinary proceedings are notified for traffic and circulation infractions committed during your rental period, we treat your personal data in order to comply with the legal obligations of identification of the offending driver. In this sense, we provide the external provider that manages the identification of drivers before the issuing bodies of the sanctioning files their master, contact and contractual data.

Legal basis for the treatment with respect to traffic and circulation sanctioning files

Art. 6 (1) paragraph 1 paragraphs c) and f) GDPR.

Our legitimate interest in using your personal data lies in complying with our legal identification obligations in relation to traffic and traffic violations, as well as preventing possible commission of traffic violations by our customers from causing us harm. This also includes our legitimate interest in bringing legal claims or defending against such disciplinary proceedings.

2.6 Breach of contract or law

 Purposes of processing

 In the event of signs of criminal activity, e.g. theft, embezzlement, reckless driving, unauthorized use of vehicles or use of the vehicle in breach of contract, e.g. exceeding the maximum rental period or subletting it, we will take the following measures in order to prevent damage and protect the property of our vehicles, vehicle parts and fuel:

  • Geofence: Our vehicles may be equipped with an alarm system that warns you in case you leave the contractual territory defined by us. An automatic notification is sent through this alert. At the same time that this automatic notification is sent, master, communication, contractual and telematic data are attributed to you, so that you can be contacted and drawn to your attention to the breach of contract.
  • Forwarding your data to authorities: We may forward your master, communication, contractual, financial data and telematic data to the authorities (illicit investigation) in cases of unlawful conduct or risk to public safety. Please also note that we are required by law to keep a Register of Lease Agreements.

Legal basis of processing

Art. 6 para. 1 first sentence letter c) and f) of the GDPR, together with the corresponding legal provision.

Our legitimate interest in using your personal data lies in the protection of our property through the aforementioned measures to protect our company against damage. We also have a legitimate interest in protecting our vehicle fleet as well as our contractual and non-contractual rights.

  1. Term of conservation of your data

We will keep your personal data from the moment you give us your consent until you revoke it or request the limitation of processing. In such cases, we will keep your data blocked for the legally required periods.

When Rent a Car Costa brava is obliged by law to keep personal data, this storage is done for the time legally required. This includes statutory limitation periods. In the case of commercial documentation, which includes commercial trade books and accounting documents (such as invoices), the storage period can range between 6 years (Art. 30 of the Commercial Code) and 10 years in relation to compensation of tax bases. During this time your data may be subject to restricted access to day-to-day operations if its processing has no other purpose.

The legal basis for this storage is Art. 6 (1), paragraph 1, point c) of the GDPR in accordance with the respective legally established deadline.

  1. Legitimation and Data Collected

The legitimacy for the processing of your data is the express consent granted by means of a positive and affirmative act (fill in the corresponding form and check the acceptance box of this policy) at the time of providing us with your personal data.

  1. Consent to process your data

By filling in the forms, checking the box "I accept the Privacy Policy" and clicking to send the data, or by sending emails to Fauria Grup S.L through the accounts enabled for this purpose, the User declares to have read and expressly accepted this privacy policy, and grants his unequivocal and express consent to the processing of his personal data according to the purposes

  1. User Rights

Any interested party has the right to obtain confirmation as to whether or not we are processing personal data concerning him. Interested persons have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims. For reasons related to their particular situation, interested parties may object to the processing of their data. The File Manager will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims. In accordance with current legislation you have the following rights: right to request access to your personal data, right to request its rectification or deletion, right to request the limitation of its treatment, right to oppose the treatment, right to data portability and likewise, to revoke the consent granted. You also have the right to file a claim with the Spanish Data Protection Agency.

  1. How to exercise my rights?

To exercise your rights, you must contact the person in charge, requesting the corresponding form for the exercise of the chosen right. Optionally, you can go to the competent Control Authority to obtain additional information about your rights. The contact details for the exercise of your rights are the telephone 972 36 78 08 of your company and the emailThis email address is being protected from spambots. You need JavaScript enabled to view it.

Remember to accompany a copy of a document that allows us to identify you.

  1. Consent to Send Electronic Communications

Likewise, and in accordance with the provisions of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, by completing the data collection form and checking the corresponding box "I accept the sending of electronic communications", you are granting express consent to send it to your email address,  telephone, fax or other electronic means in sending information about the Company.

Overview

 We reserve the right to modify and adapt this Privacy Policy with effect for the future.

Current version: August 2022

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