12 June 2018 – Club Los Claveles Privacy Policy

Club Los Claveles Privacy Notice
1.​ Data protection law

The EU’s General Data Protection Regulation came into force across the EU on 25 May 2018. This Regulation was implemented into UK law by the Data Protection Act 2018. These two pieces of legislation, and other applicable EU and UK laws, govern how organisations manage the personal information they hold about you. These laws require the Club Los Claveles Committee (“Committee”) to inform you of how it uses your data as part of your membership of the Club. This privacy notice sets out that information. You can also find more information on the Committee’s data protection procedures in the Data Protection Policy on the Club website.

In order to ensure that its data protection procedures and practices meet the requirements of data protection law, the Committee has been advised by its solicitors, BTO Solicitors LLP, who are experts in data protection law.

2.​ Legal basis for processing

The Committee is the data controller in relation to all personal data that is held about you by the Club. As the data controller, the Committee must inform you of the legal basis (under data protection law) pursuant to which it uses your data. These legal bases are: 

• Contract: where the processing of your data is necessary to allow the Club to perform its obligations under the contract it has with you.
• Legitimate Interests: where the Club has a legitimate interest to process your personal data.

Under Article 11.6 of the Club’s Constitution the Committee has to maintain a register of names and current addresses of members indicating when they became members and when, if appropriate, they ceased to be members. This information can and should be used for informing members of Club issues and for the collection of maintenance fees.

Under Article 14.7 members are bound by the Constitution and obliged to notify the Committee of any change of permanent address.
Under Article 16.1 general meetings shall be convened by notice sent to all members (subject to Article19.4).

As the Committee is relying on its contract with you, or its legitimate interests, when processing your personal data (including when acting under the Club Constitution), it does not need consent from you to continue using your information. Owners cannot therefore withdraw consent to use their data other than consent given for sharing that data with exchange companies. The Club cannot function without using owners’ information.

3.​ Processing your information

The types of personal data processed by the Committee are specified in the Club’s Data Protection Policy.
The Committee will use your personal information so that the Club can be run properly according to the Club Constitution. The Club Constitution is governed byScottish law. The information will be used so that owners can use their right to occupy their timeshare week(s) at Los Claveles resort in Los Cristianos, Tenerife.

The original complete Members Register was delegated to WimPen Leisure Management but this delegation was withdrawn in July 2015. Despite being ordered to hand this register to the Committee by both the Arbitrator and the Court of Session, they have yet to do so. The Committee has consequently had to build its own Members Register, mainly from information provided by owners, but also with some information gather at the resort.
The Committee uses no automated decision making or profiling when processing your data.

4.​ Security and confidentiality

​As the Committee consists of a small number of people it sometimes usesvolunteers to carry out some functions (e.g. registration at General Meetings). If these volunteers are likely to see personal data they, along with the relevant Committee members, sign a data protection and security agreement. A copy of the agreement for Roger Lindsay, Data protection Officer, can be found on the Club website.

The Committee are committed to ensuring your personal information is stored securely and confidentially and only shared with your knowledge. More information on how the Committee stores your information, and what security measures are in place to protect your information, can be found in our Data Protection Policy.

5.​ Sharing your information

The Committee will only share limited information with the company named in the Constitution, Club Los Claveles Ltd. This will include your name, address, weeks and villas owned so that certificates can be issued and invoices can be issued and paid.

Similarly, the Committee will share information with the resort in Los Cristianos, Tenerife, Spain. This will include the contact details of the owners, details of their ownership and that they have paid their maintenance fees.

Those owners who use the services of exchange companies such as RCI, Dial an Exchange and Club La Costa need to advise the Club that they use these services and give consent so that the Club can provide the details necessary for owners to use these services.

The Committee will ensure that it has an appropriate data sharing agreement with any third parties that it discloses your data to.

6.​ How long will your information be stored?

Whilst owners remain a member of the Club their personal data will be stored on the Club’s secure website. Once they cease to be members their details will be retained for a further period of 6 years. After that time any electronically stored information will be deleted and over written and any information stored on paper will be shredded or burnt.

7.​ Your rights

Under data protection law, you have certain rights in relation to your personal data held by the Committee. These rights include:

• Access: a right to be told what personal data is being processed and to be provided with a copy of that data;
• Rectification: a right to have inaccurate personal data rectified;
• Erasure: a right to have personal data erased under certain circumstances;
• Restriction of processing: a right to ask for processing of personal data to be restricted in certain circumstances; and
• Data portability: a right to receive a copy of personal data processed by automated means in a format that can be transferred from one data controller to another.

More information on these rights and how to exercise them can be found in the Club’s Data Protection Policy.
8.​ Keeping your information up to date

Both the Committee and the owners have a responsibility to ensure that the information held about them is accurate and up to date. Please help us keep our records up to date by informing us of any changes to your information. 

9.​ Who to contact about your data

If owners are unhappy about the way their personal data is used by the Club theyshould contact the Data Protection Officer of the Club to explain their concerns. The Data Protection Officer is Roger Lindsay who can be contacted at Llwynaumawr, Cwmdu, Crickhowell Powys NP8 1RS.
If you are not satisfied with the response received then you also have the right to seek advice from the Information Commissioner’s Office. The Information Commissioner’s Office can be contacted on the following details:

Information Commissioner’s Office
Wycliffe House
Water Lane

Tel:​​+44303 123 1113

Club Los Claveles can be contacted via the Committee members whose addresses and other contact details can be found on our website:https://www.losclavelesowners.eu . 

The Club Chairman currently is Albert Fletcher who can be contacted at 98 Bleak Hill Road, Erdington, Birmingham B23 7BT.  

Roger Lindsay
Data Protection Officer
May 2018

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