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Privacy Policy

In compliance with Article 13, as well as the principles of lawfulness, fairness, and transparency established in EU Regulation 2016/679, the General Data Protection Regulation (hereinafter "GDPR"), we inform you that:

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The data controller for the processing of personal data that may be collected through the contact means made available to you on this website is Windward Catch, S.L., with Tax ID No. B27534452, and registered address at Calle Lyra, nº13, 38205 San Cristóbal de La Laguna - (S.C. Tenerife). You may contact the controller by phone at +34 614 70 30 94 or by email at windwardcatch@gmail.com.

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Hereinafter, Windward Catch.

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1. Data Protection Information for Processing Carried Out Within the Scope of the Website.

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The personal data that you provide to Windward Catch through this website, or any of the contact means made available to you, may be processed for the purpose corresponding to the reason for which you provided them.

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Accordingly, the data provided may be used for the following purposes, depending on the reason for which you provide them:

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Information Requests.

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  • Description: to manage information requests, as well as to respond to any queries that you may send to us.

  • Legal basis: consent of the data subject, Art. 6.1.a GDPR.

  • Retention period: the data will be used exclusively to respond to the queries raised, and will subsequently be deleted. The deletion period shall be a maximum of 6 months from the last contact with the requesting user.

  • Recipients: the data will not be transferred to third parties except where required by law.

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Budget Requests or Economic Valuations.

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  • Description: to contact the requester, prepare, deliver/send the budget, as well as to carry out follow-up actions and commercial prospecting, whether by telephone, online, or in person.

  • Legal basis: application of pre-contractual measures, Art. 6.1.b GDPR.

  • Retention period: until the applicable legal deadlines regarding the retention of tax and accounting records expire.

  • Recipients: the data will not be transferred to third parties except where required by law.

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Customer Service

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  • Description: management of the data provided through the WhatsApp chat made available to you for customer service or commercial support purposes.

  • Legal basis: consent of the data subject, Art. 6.1.a GDPR; or execution of a contract or application of pre-contractual measures, as applicable, Art. 6.1.b GDPR.

  • Retention period: in the case of pre-contractual queries, the data will be used exclusively to respond to the queries raised, and will subsequently be deleted. In cases of after-sales service, the data may be stored until the obligations undertaken between the parties have been fulfilled.

  • Recipients: the data will not be transferred to third parties except where required by law.

  • International data transfer: due to the use of WhatsApp. Further information in section 5 of this policy.

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Booking and Payment Management

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  • Definition: to attend to your booking requests and manage them, as well as the payment made, where applicable, as a deposit.

  • Legal basis: execution of a contract, Art. 6.1.b GDPR.

  • Retention period: the data shall be kept, in any case, for the time necessary for the purpose for which they were collected, as well as for the legal period required under civil liability, compliance with obligations to public administrations, financial and tax obligations.

  • Recipients: the data may be communicated to the competent Public Administrations, banks, and savings banks, as applicable, as well as to third parties essential for the development of the contractual relationship (banks, savings banks, carriers, and courier companies, as applicable). Specific data communications may occur with Wix Payments, the payment provider with whom we work.

  • International data transfers: due to the use of WhatsApp as an instant messaging application. Further information in section 5 of this policy.

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Member Club Registration

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  • Description: to manage your registration request for our member club and assign you a user account through which you can manage your bookings and have access to exclusive offers, discounts, and information about Windward Catch, as well as accumulate points and coupons.

  • Legal basis: consent of the data subject, Art. 6.1.a GDPR.

  • Retention period: until you request the deletion of the created user account.

  • Recipients: the data will not be transferred to third parties, except where required by law.

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2. Processing of  Data Collected Through Forms, Means, or Documents that Redirect to Windward Catch  Privacy Policy

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Purposes of Data Processing

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 The personal data collected in the various documents, means, or forms that redirect to this privacy policy, in its capacity as extended information on data protection, may be processed for the applicable purpose, according to one of the following cases:

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Billing.

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  • Purpose: to manage the contractual or pre-contractual relationship between you and Windward Catch, as well as for its administrative, tax, and accounting management.

  • Legal basis: execution of a contract or application of pre-contractual measures, Art. 6.1.b GDPR.

  • Retention period: for the period required by current legislation on civil, financial, and tax matters.

  • Recipients: the data may be communicated to the competent Public Administrations, banks, and savings banks, as applicable.

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Budget and offer Management.

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  • Purpose: to prepare, deliver/send the budget, as well as to carry out follow-up actions and commercial prospecting, whether by telephone, online, or in person.

  • Legal basis: consent of the data subject, as well as the application, at your request, of pre-contractual measures, Art. 6.1.b GDPR.

  • Retention period: for the period required by current legislation on civil, commercial, financial, and tax matters. This period shall begin from the completion of the budget management.

  • Recipients: the data will not be transferred to third parties, except where required by law.

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Authorization for Capturing and Publishing Images

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  • Purpose: to capture images of the signatory or their represented party, as well as their publication on social networks, websites, and other media, for the purpose of disseminating Windward Catch's activities, as well as its products or services.

  • Legal basis: consent of the data subject, Art. 6.1.a GDPR.

  • Retention period: until you request the deletion of the published content.

  • Recipients: the captured images will be published on the website and on the various social media profiles of Windward Catch.

  • International data transfer to the USA. Due to the use of social networks; further information in section 5 of this privacy policy.

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Receiving CVs.

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  • Purpose: to manage your job application, and to consider you in personnel selection processes.

  • Legal basis: consent of the data subject, Art. 6.1.a GDPR.

  • Retention period: the data will be kept for a maximum of 2 years.

  • Recipients: the data will not be transferred to third parties except where required by law.

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Email and Contact Agenda Management

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  • Purposes: to attend to specific information requests via email or telephone; manage the contact agenda; execution of contracts or pre-contractual measures.

  • Legal basis: consent of the data subject in the case of information requests or queries (Art. 6.1.a GDPR), application of pre-contractual measures or execution of a contract (Art. 6.1.b GDPR), and legitimate interest in the processing of contact persons' data (Art. 6.1.f GDPR).

  • Retention period: the data will be retained for as long as necessary to comply with the legal obligations arising from the existing relationship. Once extinguished, the data will be deleted.

  • Recipients: the data will not be transferred to third parties, except where required by law.

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Sending Informational Emails

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  • Purposes: to send you information about events and activities, offers, promotions, and other commercial actions, blog posts, and other information of interest regarding Windward Catch.

  • Legal basis: this may be, as applicable:

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o Consent of the data subject, Art. 6.1.a GDPR, if you have provided it through any of our contact forms, or through the website.

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o In the case of Windward Catch clients, the sending of advertising information is legitimized by the legitimate interest of the controller set forth in Article 21.2 of Law 34/2002 on Information Society Services (LSSI).

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  • Retention period: until you request its deletion, or unsubscribe from the advertising information service.

  • Recipients: the data will not be transferred to third parties, except where required by law.

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Passenger Control and Maritime Safety

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  • Purposes: the identifying data of the holder and the list of names of companions will be processed to guarantee the coverage of the Mandatory Accident Insurance and to address any potential civil liabilities arising from maritime navigation.

  • Legal basis: compliance with legal obligations, Art. 6.1.c GDPR.

  • Retention period: for as long as they are necessary for the purposes for which they were collected, and in any case, during the mandatory legal periods to guarantee the coverage of the Mandatory Accident Insurance and to address any potential civil liabilities arising from maritime navigation.

  • Recipients: the data will not be transferred to third parties, except where required by law. Data communications may occur to insurance entities, in the event of any incident or accident. Information regarding data processing carried out for this purpose would be provided in such a case.

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3.  Processing of Data Collected in the Context of Relationships Maintained with Hotels, Platforms, and other Collaborating Companies.

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Purpose of Data Processing.

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The personal data collected within the scope of the collaboration relationship established with hotels, platforms, and other companies, in respect of the contracting of excursions, will be processed for the following purpose:

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Sending Informational Emails.

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  • Purposes: the commercial contact details of their managers, receptionists, or employees (such as name, surname, corporate telephone number, or email) provided through the private web portal will be processed for the sole purpose of operationally managing commercial booking requests, controlling quota spaces, and the corresponding settlements of the activity.

  • Legal basis: execution of a contract or application of pre-contractual measures, Art. 6.1.b GDPR.

  • Retention period: for as long as they are necessary for the purpose of collection, that is, while the collaboration relationship remains in force, and during the legal periods applicable to the controller.

  • Recipients: the data will not be transferred to third parties, except where required by law.

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4. Personal Data of Third Parties

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If during your communications with Windward Catch you provide data of third parties, such as the data of companions who form part of the booking, we inform you that:

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  • You may only provide us with data of third parties if you have their express consent. Therefore, by sending us third-party data, you declare that you have the aforementioned consent, or that you have the legal capacity to express such consent on their behalf.

  • All persons whose data you send to us must be aware of the content of this section. You declare that you have informed them and made them aware of its content.

  • Windward Catch assumes no responsibility in the event that the user who fills out the forms or booking requests fails to comply with the above points.

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5. Optional Nature of Completing Forms and Accuracy of the Data Provided.

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The various forms made available to you identify those data fields that are mandatory, and therefore an indispensable requirement to be able to manage your query, request, or registration. If you do not complete these sections, we will not be able to properly attend to your request.

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6. International Data Transfers

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Windward Catch uses services that, due to the location of the servers where the information is stored, or due to the location of their main headquarters, the EU considers that their use entails an international data transfer to countries outside the European Union.

It may sound complex, but in reality it is an action carried out on a daily basis by any company or individual that uses social networks, cloud applications, emails from major tech companies, etc. In the context of this clarification, we inform you that Windward Catch carries out the following international data transfers when it uses:

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Social Networks:

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By giving consent to publish your personal data on the social media profiles where Windward Catch has corporate profiles, you authorize the international transfer of data to the USA. We recommend you visit the privacy sections of the various social networks mentioned in the consents:

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This consent may be revoked at any time.

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Email:

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 Windward Catch uses Gmail, an email management service. This tool, although it stores data on servers hosted in the EU, has its headquarters in the USA, so an international data transfer takes place.

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Instant Messaging

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Windward Catch uses WhatsApp as an instant messaging application to coordinate communications, notices, bookings, cancellations, and other relevant aspects in relation to the contracted excursion. Its use entails an international data transfer.

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7. User Rights

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Consent and Revocation.

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The user may revoke the consents given at any time, without affecting the lawfulness of the data processing during the effective, prior period of said authorization.

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Right of Access, Rectification, Erasure, Restriction, Opposition, and Portability

 

The user or visitor may request the exercise of their rights of access, rectification, or erasure, as well as, in certain cases, if applicable, the restriction of processing or portability of their data, as well as to object to its processing. All of this, in accordance with the aforementioned data protection regulations.

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You may exercise your data protection rights by sending your request to Windward Catch, via email at windwardcatch@gmail.com, or to the contact address indicated at the beginning of this document. If you wish, you may use the forms available at the Spanish Data Protection Agency (Agencia Española de Protección de Datos), or request a copy from us by email.

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Requests for the exercise of rights made by users will be processed within a maximum period of one month. If you are not satisfied with the response given, the user may file a complaint with the aforementioned supervisory authority. Your request will be attended to within no more than 30 days.

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You may exercise the rights granted to you by the GDPR at any time.

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At Windward Catch, we are committed to respecting and defending the right to data protection of our users, visitors, and clients.

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Click here to read our detailed Cookie Policy.

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