1. General conditions
The Portal is administered by CosyTour. Its objective is to provide information and suggest itineraries for users who wish to learn about and/or visit Portugal or any other european country with CosyTour.
The contents of the Portal are based on editorial and marketing criteria with the sole purpose of comercialize tourist services in Portugal as a tourist destination or any other european country.
In visiting and using the Portal, the visitor/user accepts its terms and conditions without any reservations. If the visitor/user does not accept them, they must leave the Portal immediately.
CosyTour, reserves the right at all times to change the presentation and configuration of the Portal, as well as its terms and conditions of use and personal data processing policy. The visitor/user should consult these terms and conditions before accessing the Portal
Additional information may be obtained from CosyTour via e-mail; at email@example.com.
2. Property Rights
All contents of the Portal, namely, texts, photographs, images, illustrations, drawings, graphics, engravings, trademarks, logos, advertising, audio or video materials, web design and software or any other distinctive signs susceptible to commercial and industrial use, are protected in the general terms of law and by the legislation on intellectual and industrial property, copyright and related rights, and cannot be used outside the Portal without the prior written permission of CosyTour.
Without prejudice to the foregoing, the user may download or copy the contents of the Portal strictly for personal use.
It is expressly prohibited to use the Portal for illegal purposes or for purposes that may be considered unworthy of the image of CosyTour.
Usurpation, counterfeiting, exploitation of usurped or counterfeited content, illegitimate identification and unfair competition are criminally punishable.;
CosyTour, reserves the right to take legal action against the authors of any copy, reproduction or other unauthorized use of the content of the Portal by third parties
3. Personal Data Processing
With the entry into force on 25 May 2018 in all Member States of the European Union, of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation (GDPR)), it is necessary to publicize this Policy for the Institute’s Personal Data processing, which underpins the commitment of CosyTour to be in compliance with the rules for personal data protection
This Policy therefore establishes the basis on which personal data obtained or provided by the respective owners are processed by this portal. The term “personal data”, as used in this Policy, refers to certain information such as names, email address or any other information that may be used to identify the holder. To navigate the public areas of this portal it is not necessary to provide personal information.
By registering on the CosyTour Portal; and/or providing any personal data, the data subject is freely giving their explicit consent for the submitted personal data to be processed for the purposes and in the terms described in this Policy and in accordance with the laws and regulations in force relating to personal data.
The processing of personal data consists of an operation or set of operations carried out regarding personal data or personal data groups by automated means or not and namely collection, registration, organization, structuring, preservation, adaptation, retrieval, consultation, use, disclosure, dissemination, comparison, interconnection, limitation, erasure or destruction.
Some personal data must be provided in order to use the service and/or information in question. CosyTour shall provide information regarding this obligation and in the event of a lack or incorrect supply of the required data, CosyTour will not be able to provide the requested service and/or information. The provision of incorrect or inaccurate data is the sole responsibility of the respective owner.
3.3 Data controller
This portal is the exclusive property of Raquel Pinto de Almeida (CosyTour), VAT nº 183948645 with headquarters at Rua Afonso Lopes Vieira, 1700-012 Lisbon, wit the license from Turismo de Portugal , IP nº 78/2011 and responsible for the processing of personal data obtained or provided via the portal www.cosytour.com . You can also contact us by email: firstname.lastname@example.org.
3.4 Purposes of Personal Data Collection
The personal data collected in the portal www.cosytour.com is processed in the promotion of the Destination and the provision of information for users who wish to learn about and/or visit Portugal with CosyTour.
Personal data may also be processed to answer questions, make suggestions or respond to complaints from the respective data subject.
3.5 Rights of Personal Data Subjects
Under the terms and for the purposes of articles 13 to 22 of the GDPR, CosyTour hereby states that any data in its possession may be consulted, limited in its treatment, rectified (for inaccuracy, incorrectness or incompleteness) by the respective data subject and, if processing is undertaken on the basis of consent, the holder also has the right to request the deletion of data whose processing does not fall within one of the permissible situations provided for in Article 6 (1) (b) to (f) of the GDPR.
However, CosyTour stipulates that in cases where treatment depends on consent, the data subject has the right to withdraw consent at any time. Withdrawal of consent does not compromise the lawfulness of processing undertaken on the basis of the consent previously given.
The data subject also has the right to oppose the ongoing processing of his or her personal data, to be informed upon request of the purposes of the processing, the categories of data involved, the identity of the recipients to whom data has been disclosed and the period of retention of personal data, as well as to receive the personal data concerning him or her and that he or she has provided and to send them to another controller (“data portability”).
CosyTour may use subcontractors for the maintenance, accommodation and management of its computer systems and equipment, under the terms permitted by the law, which regulates the processing of personal data. These entities are obliged to maintain confidentiality and to guarantee the security with respect to the data of the users of the portal www.cosytour.com and the platforms managed by CosyTour to which they have access, and may not use such data for any other purposes, or for their own benefit, nor relate them to other data they may have.
In any case, CosyTour is responsible for the personal data that is made available.
3.7 Communication and transfer of personal data
Requests for information submitted through the “Contact Us” channel may be sent to other entities that are more qualified to provide the clarification or the requested service. This sending is undertaken on an individual basis and never by using data files; the forwarding is made known to the user.
Personal data will be transmitted to other entities in the case identified above and may be made available to courts and other competent authorities, in strict compliance with the provisions of the law, especially when necessary for the resolution of disputes and for activities related to the protection of public safety, the defence and security of the State, and the prevention, investigation or detection of criminal offenses.
3.8 Retention of personal data
The length of time during which personal data is stored and retained varies according to the purpose for which the information is processed.
CosyTour retains personal data only for as long as necessary in order to achieve the purpose for which it was provided or to fulfil any contractual or legal obligations to which it is attached.
Thus, and whenever there is no specific legal requirement, the data will be kept only for the minimum period required for the pursuit of the purposes that led to its collection or subsequent processing, under the terms defined by law.
Minors under the age of 16 must obtain parental or guardian authorization before accessing or making personal data available on the Portal.
It is the responsibility of the legal guardian or parents to identify content and pages accessed by minors under 16.
Without prejudice to being able to submit complaints directly to CosyTour through the contacts made available for this purpose, the data subject can directly complain to the National Data Protection Commission (CNPD), which is the Supervisory Authority in Portugal, via contacts made available by this entity for that purpose.
CosyTour, fully respects the right to privacy of the users of the Portal, which is why, as a matter of principle, it does not capture or use browsing information associated with the identification of its visitors, limiting the collection of information of a personal nature to that which is voluntarily provided by the visitors/users, and which is used exclusively for the purposes for which it is intended.
In addition to the foregoing, it should be clarified that the Portal collects and uses the following information, in line with the provisions on cookies:
-the user’s country of origin, in order to improve the alignment between his or her objectives and interests and the information that is shown;
-information expressly indicated by the user regarding contents and other pages, which he or she can then organize in order to create a plan for his or her visit, and which are stored between visits (for users with cookies or with login), in order that the Portal may provide a support service for the planning of a trip to Portugal by the visitor and/or a group
-information expressly indicated by the user on his or her profile and interests in order to show the contents that best suit the visitor
-the identification of the visitor who registers, subscribes to newsletters or requests information, regardless of the computer they use, with the creation of login details consisting of an email address and a password.
Any type of interaction with the Portal will be registered for the purposes of quality control and reporting, namely, but not exclusively, that which is submitted for the purpose of registration, information requests and hobbies.
The Portal can also builds a database with aggregated statistical information, without any personal identification, and with its visitors’ profiles, interests and countries of origin. This information is used to improve the response of the Portal to the interests and requests of its visitors and may for this same purpose be made available to third parties.
To assist in the collection, storage and processing of statistical data, CosyTour may use third-party tools.
5. Exclusion of Liability
CosyTour reserves the right at any time to suspend, modify or discontinue the publication of all or part of the Portal. Visitors/users accept that access to the Portal and its channels and services may be terminated at any time, with or without prior notice, and CosyTour be held accountable for that fact.
CosyTour undertakes to make every effort and diligence necessary to maintain the normal functioning of the Portal, with the availability and continuity possible with regard to the existing technical means, adopting at all times the best international practices generally employed in the sector, in particular in the field of security and guaranteeing the confidentiality and privacy of the Portal’s visitors/users, and avoiding, also by all possible means, the existence of viruses or other harmful elements that may cause changes in the visitor’s computer system.
Without prejudice to the stated commitment, CosyTour cannot guarantee, and therefore declines responsibility, for damages caused by interruptions, malfunctions or deficiencies in the Portal’s operation. Similarly, CosyTour cannot ensure that the Portal works properly on a permanent basis, and that it is at all times free of viruses or other harmful elements that may damage or cause changes in the visitor’s computer system, its electronic documents or files, and is in no way responsible for any damages caused.
CosyTour also disclaims any liability for damages that may result from interference or behaviour of third parties that violate personality, intellectual and industrial property rights, trade or industrial secrets, unfair competition and illicit publicity, as well as the result of abusive interference that may affect privacy and the secure use of the Portal.
CosyTour shall make every effort to ensure that the information and facts on the Portal are amongst the best and most relevant. However, CosyTour, shall provide no explicit or implicit guarantee that the information of the Portal that is provided, produced or issued by third parties is always up to date and correct and does not assume any responsibility for the direct and/or indirect consequences arising from the use of the information provided. CosyTour therefore recommends that users of the Portal directly contact the organizations and companies mentioned, in order to confirm the information collected.
CosyTour thanks the visitor/user to inform him/her whenever he/she finds incorrect and/or outdated information on the Portal, in order that they may be corrected.
6. User participation in Portal contents
The Portal allows and encourages the direct participation of its users through the uploading of texts, films and photos, hereinafter referred to as “Content”, sharing their experience with CosyTour, participating in tours, fantrips or any other channels and/or features created for such purposes.
Users who directly upload content to the Portal or any social network may not assume the identity of a third party or misrepresent their identity.
The contents posted by the users directly on the Portal or any social media controlled by CosyTour are the sole responsibility of their authors and express their personal opinion only, and CosyTour cannot be responsible for any of them under any circumstances.
Without prejudice to the foregoing, CosyTour may monitor the contents uploaded directly on the Portal or any Social Media controlled by CosyTour by users, reserving the right to edit, refuse to publish or remove or eliminate, totally or partially, contents that in particular:
a)Do not comply with these terms of reference;
b)Violate any applicable national or international law;
c)Contain messages regarded as unlawful, offensive, defamatory, abusive, obscene or discriminatory, of a racial, sexual, religious or political nature or for questions related to beliefs, nationality, age or social status;
d)Violate the rights of third parties, in the fields of personality, author and related, industrial, commercial or other. Note: If the user intends to upload content that does not belong to him or her, he or she must obtain a prior authorization from the legitimate owners of those rights that allows him or her to use those contents and upload them to the Portal, according to the conditions contained in these terms of reference;
e)Contain computer viruses, programmes and other components that may affect or damage data and become harmful or contaminating;
f)Constitute “spam”, “chains”;
g)Contain email addresses or websites or HTML tags;
h)Have commercial or advertising purposes, or constitute misleading, unlawful or unfair advertising;
i)They are not related to the scope of the Portal or contain false, ambiguous or misleading information.
Content added directly to the Portal or social media controlled by CosyTour by users may be written in Portuguese, English, German, French, Italian and Spanish.
The above guidelines, which are not exhaustive, are provided as an example, and CosyTour Reserves the right to alter them at any time.
By directly uploading content to the Portal and Social Media controlled by CosyTour, users authorize, free of charge and without any limitations or reservations, CosyTour to use freely the uploaded content as it has been introduced or with the changes that it deems convenient to do, by itself or through third parties, in whatever way it is best understood in any place, regardless of the format and means adopted.
CosyTour does not guarantee its users that its content will be fully or partially published.
The user may at any time delete any content uploaded directly to the Portal or Social Media controlled by CosyTour, revoking for that purpose the license granted to CosyTour for the use of such content. The cancellation/deletion of the contents only has bearing for the future, with all the effects produced until then remaining the same.
The portal uses a mechanism called cookies, which are small text files stored on the user’s computer and which enables CosyTour to identify the computers that access the Portal and what content is of interest to its users.
Although CosyTour does not provide third parties with any individualized information, even on an anonymous basis, the Portal stores aggregated statistical information about the preferences of its visitors and may transfer them to any external entity.
The cookies allow the Portal to recognize the user of a computer on a subsequent visit, where the new visit is regarded as a continuation of the previous one.
If the user registers and uses the login for identification purposes, the Portal will retrieve information regarding user, even if that information has been stored on another computer.
The Portal can contains websites of external entities and other sources of information that may be of interest to the visitor/user. CosyTour declines any responsibility with regard to the information provided by these websites, nor does it have control over the policy of handling personal data and security of those websites.
10. Interpretation and Jurisdiction