I. PERSONAL DATA

1. Identity of the data controller
2. Collected Data
3. Timing of data collection
4. Purposes of data processing, legal basis and retention period
5. Recipients
6. Data protection and civil liberties
   1. Access rights and communication of data
   2. Right to data rectification
   3. Right to object
   4. Response times
   5. Complaint to the competent authority
7. Data security
8. Contact

II. COOKIES POLICY

1. General information about cookies on the LE BARTHELEMY HOTEL & SPA website
2. Set your cookie preferences
   1. Cookie Consent Exemptions
   2. Cookies requiring your prior consent
   3. You can use various tools to set cookie parameters
   4. Internet browser setup

In general, it is possible to visit the Website of LE BARTHELEMY HOTEL & SPA without providing any personal information about yourself. In any case, you are under no obligation to transmit this information to LE BARTHELEMY HOTEL & SPA.

However, if you refuse, you may not be able to benefit from some information or services you have requested. To this effect, LE BARTHELEMY HOTEL & SPA may request you to communicate your first and last name, email address, phone number, the company your work for, and your job position (hereinafter referred to as you “Personal Information”).

By providing this information, you agree that it will be processed by LE BARTHELEMY HOTEL & SPA for the purposes indicated in point 2 below, as well as for the purposes mentioned at the end of each form.

In accordance with the General Data Protection Regulation (GDPR) adopted by European Parliament on April 14th, 2016, as well as with the amended Data Protection Act of January 6th, 1978, LE BARTHELEMY HOTEL & SPA informs you of the following:

1. Identity of the data controller

The data controller is the company LE BARTHELEMY HOTEL & SPA, a simplified joint-stock company with a capital of €100,000, located at LD GRAND CUL DE SAC 97133 SAINT BARTHELEMY, registered in the Commercial and Companies Register of Basse-Terre under number 821 321 890, represented by Ms. Denise Dupre acting and having the necessary powers as president.

Phone: +590 590 77 48 48 / +590 690 52 96 76

Email: contact@lebarth.com

At various times, we may collect information about you or the persons accompanying you, including:

• Contact details (e.g., first name, last name, phone number, email)
• Personal information (e.g., date of birth, nationality)

• Information about your children (e.g., first name, date of birth, age)

• Credit card number (for transactions and reservations)

• Information about ID documents (e.g., ID card, passport or driver’s license)

• Arrival and departure dates

• Preferences and interests (preferred floor, bedding type, written media read, sports, cultural interests, food and drink preferences, etc.)

• Questions/comments during or after a stay at our establishment

• Technical and location information generated during the use of our websites and applications

The collection of information on persons under the age of 16 is limited to their name, nationality, and date of birth, which can only be provided by an adult. Please ensure that your children do not transmit any personal data without your permission (especially via the Internet). In the event of such transmission, you can contact us by email (contact@lebarth.com) to have this information deleted.

To satisfy your requests or provide you with the appropriate service (e.g., a specific diet), we may collect sensitive information such as racial or ethnic origin, political opinions, religious and philosophical beliefs, work union membership, health details, or sexual orientation. In such cases, we will only collect this data with your prior express consent.

3. Timing of data collection

Personal data may be collected at various occasions including:

• Room booking
• Table reservation

• Check-in and payment
• Hotel stay and services offered during the stay

• Food and beverage consumption at the bar or restaurant consumption during the stay

• Requests, complaints, and/or disputes
• Registration in loyalty programs

• Participation in satisfaction surveys

• Online contests or games

• Subscription to newsletters to receive offers and promotions by email

• Tour operators, travel agencies (online or not), reservation systems like Synxis Sabre and The Fork

• Connections to the Site (IP address, cookies according to our tracker usage policy)

• Online collection forms (online booking, exchanges with an agent, chatbot conversation)

• Job applications

4. Purposes of data processing, legal basis and retention period

LE BARTHELEMY HOTEL & SPA may process your Personal Information for the following purposes:

• To provide you with the information or services requested (e.g., newsletter mailing, commercial offers, or testimonials); and/or 

• To gather information to improve our Website, products, and services (e.g., through cookies). 

• To get in touch with you either concerning the events related to LE BARTHELEMY HOTEL & SPA or updating some services or products, and to get in touch with the customer service.

We use your personal information as part of our legitimate interest in providing you with the best possible customer service. 

More specifically, the personal data is collected to: 

• Fulfill our obligations to customers. 

• Manage room bookings and accommodation requests, particularly in establishing and keeping records consistent with the best practices of accounting. 

This process is necessary for the performance of a contract to which you are a party, to comply with a legal obligation, and for our legitimate interest in managing our activities and providing the requested products and services.

In this context, the data is retained for 10 years from the date of booking in accordance with our legal obligations. 

This personal information is also used for managing your stay at the hotel, such as room access management and consumption tracking like room service and mini bar.

These procedures are necessary for the execution of a contract to which you are a party, for our legitimate interest in managing our activities, and to provide the requested products and services.

In this context, this data is retained for the duration of your stay.

This personal data is also collected for internal management purposes of a list of clients who have proven to be unsuitable during their stay at the hotel (assaults and incivilities, non-compliance with the hotel contract, non-compliance with safety instructions, theft, damage, and degradation, or payment incidents).

These processes are necessary for our legitimate interests in managing our activities, performing IT services, administration and network security to prevent fraud. 

In this regard, data is retained for a maximum of 130 days since the event was recorded.

5. Recipients

Only LE BARTHELEMY HOTEL & SPA is the recipient of your Personal Information. This information, whether in individual or aggregated form, is never transmitted to a third party, notwithstanding the sub-contractors that LE BARTHELEMY HOTEL & SPA calls upon. Neither LE BARTHELEMY HOTEL & SPA, nor any of its subcontractors, market the personal data of visitors and users of its Website.

LE BARTHELEMY HOTEL & SPA has ensured in advance that its service providers implement adequate guarantees and comply with strict conditions regarding confidentiality, use and protection of data.

Your data may be transmitted to service providers located outside the European Union, notably as part of the booking process.

Data flows, other than those necessary for the execution of your reservation, to countries that do not offer equivalent personal data protection are governed by the standard contractual clauses defined by the European Commission.

The Website may occasionally contain links to the sites of partners or third-party companies that have their own data protection policies.

LE BARTHELEMY HOTEL & SPA has no control over the content of these sites and declines all responsibility for the use made of information collected when users click on these links.

LE BARTHELEMY HOTEL & SPA therefore invites users to familiarize themselves with the data protection policies implemented by the publishers of these sites before sending them any personal information.

You have the following rights concerning your Personal Information, which you may exercise by writing to us at the postal address mentioned in point 1.

6.1 Access rights and communication of data

You have the right to access your personal information.

However, in view of LE BARTHELEMY HOTEL & SPA's obligation of security and confidentiality in the processing of personal data, you are informed that your request will be processed provided that you can prove your identity, in particular by producing a scan of your valid identity document (in the event of a request via our dedicated electronic form) or a signed copy of your valid identity document (in the event of a request sent in writing).

LE BARTHELEMY HOTEL & SPA informs you that it will be entitled, where appropriate, to oppose manifestly abusive requests (by their number, repetitive or systematic nature).

To help you in your approach, particularly if you wish to exercise your right of access by means of a written request to the postal address mentioned in point 1, you will find by clicking on the following link a model letter draft up by the National Commission for Information Technology and Civil Liberties (the “CNIL”). We also ask you to prove your identity with 2 pieces of approved identification.

https://www.cnil.fr/fr/modele/courrier/exercer-son-droit-dacces

6.2 Right to data rectification

You have the legal right to request the rectification, update, blocking or deletion of any data concerning you that may be inaccurate, erroneous, incomplete or obsolete.

You may also define general and specific directives concerning the fate of your personal data after your death. Where applicable, the heirs of a deceased person may ask us to consider the death of their loved one and/or to carry out any necessary updates. 

To help you with your request, and if you wish to exercise your right to rectification on your own behalf or on behalf of a deceased relative, by means of a written request sent to the postal address mentioned in point 1, by clicking on the following link for a model letter drawn up by the CNIL.  We also ask you to prove your identity with 2 pieces of approved identification.

https://www.cnil.fr/fr/modele/courrier/rectifier-des-donnees-inexactes-obsoletes-ou-perimees

6.3 Right to object

This right can only be exercised in one of the following two situations:

1. When the exercise of this right is based on legitimate grounds; or
2. When the purpose of exercising this right is to prevent the data collected from being used for commercial prospecting purposes.

To help you in your approach, particularly if you wish to exercise your right to object by means of a written request sent to the postal address indicated in point 1, by clicking on the following link for a model letter drawn up by the CNIL.  We also ask you to prove your identity with 2 pieces of approved identification.

https://www.cnil.fr/fr/modele/courrier/supprimer-des-informations-vous-concernant-dun-site-internet

6.4 Response times

LE BARTHELEMY HOTEL & SPA commits to reply to your request for access, rectification or opposition or any other additional request for information within a reasonable period, which may not exceed 1 month from receipt of your request.

6.5 Complaint to the competent authority

If you consider that LE BARTHELEMY HOTEL & SPA is not complying with its obligations regarding your personal Information, you may lodge a complaint or a request with the competent authority. In France, the competent authority is the CNIL, to which you can send an electronic request by clicking on the following link:

https://www.cnil.fr/fr/plaintes/internet

LE BARTHELEMY HOTEL & SPA collects and processes users’ Personal Data with the utmost confidentiality and in compliance with applicable laws. Users are protected against unauthorized access, modification, disclosure or destruction of their Personal Data.

When the disclosure of Personal Data to third parties is necessary and authorized, LE BARTHELEMY HOTEL & SPA ensures that these third parties guarantee the same level of protection for the Personal Data concerned as that offered by LE BARTHELEMY HOTEL & SPA, and requires contractual guarantees so that the Personal Data is processed exclusively for the purposes accepted by the users, with the required confidentiality and security (notably thanks to European Commission standard clauses, Internal Company Rules (“BCR”) or the EU–US Privacy Shield set up between the European Union and the United States of America).

LE BARTHELEMY HOTEL & SPA implements technical and organizational measures to ensure that Personal Data is kept securely for as long as is necessary for the purposes for which it is to be used.

Users’ attention is drawn to the fact that no transmission or storage technology is totally infallible.

Therefore, in the event of a proven breach of Personal Data likely to give rise to a high risk for the rights and freedoms of users, LE BARTHELEMY HOTEL & SPA will inform the competent supervisory authority of this breach in accordance with the procedures laid down by the applicable regulations. Users are responsible for exercising caution to prevent any unauthorized access to their Personal Data and to their computer and digital devices (computer, smartphone, tablet in particular).

If you have any questions about our privacy policy, please contact us by e-mail at contact@lebarth.com.

When you first connect to the LE BARTHELEMY HOTEL & SPA website, you will be warned by a banner at the bottom of your screen that information relating to your browsing may be recorded in files called “cookies”. Our policy on the use of cookies gives you a better understanding of the measures we have implemented to enable you to browse our website. It informs you of all the cookies present on our website, their purpose (part I.) and how to configure them (part II.).

1. General information about cookies on the LE BARTHELEMY HOTEL & SPA website

LE BARTHELEMY HOTEL & SPA, as the publisher of this website, may install a cookie on the hard disk of your device (computer, tablet, mobile, etc.) to guarantee you smooth and optimal browsing on our website.

“Cookies” are small text files of limited size that enable us to recognize your computer, tablet or cell phone in order to personalize the services we offer you.

The information collected through cookies does not allow us to identify you by name. It is used exclusively for our own purposes to improve the interactivity and performance of our website and to send you content tailored to your interests. None of this information is communicated to third parties except where LE BARTHELEMY HOTEL & SPA has obtained your prior consent, or where disclosure of such information is required by law, court order or any administrative or judicial authority empowered to deal with such matters.

To give you a better idea of the information that cookies identify, you will find below a table listing the different types of cookies that may be used on the LE BARTHELEMY HOTEL & SPA website, their name, purpose and retention period.

You may accept or refuse the use of cookies at any time.

When you first connect to the LE BARTHELEMY HOTEL & SPA website, a banner briefly presenting information on the deposit of cookies and similar technologies appears at the bottom of your screen. This banner warns you that by continuing your browsing on the LE BARTHELEMY HOTEL & SPA website (by loading a new page or clicking on various elements of the site, for example), you accept the deposit of cookies on your device. You are also deemed to have given your consent to the deposit of cookies by clicking on the “X” icon to the right of the banner at the bottom of your screen.

Depending on the type of cookie in question, it may be necessary to obtain your consent to the placing and reading of cookies on your device.

2.1 Cookie Consent Exemptions

In accordance with the recommendations of the National Commission for Information Technology and Civil Liberties (CNIL), certain cookies do not require your prior consent insofar as they are strictly necessary for the operation of the website or are used exclusively to enable or facilitate electronic communication.

These include session ID cookies, authentication cookies, load balancing session cookies and interface personalization cookies. These cookies are fully subject to the present policy insofar as they are issued and managed by LE BARTHELEMY HOTEL & SPA.

2.2 Cookies requiring your prior consent

This requirement applies to cookies issued by third parties and described as “persistent” in that they remain on your device until they are deleted or expire.

As such cookies are issued by third parties, their use and storage are subject to their own privacy policies, a link to which is provided below. This family of cookies includes audience measurement cookies (notably MATOMO), advertising cookies (which LE BARTHELEMY HOTEL & SPA does not use) and social network sharing cookies (notably from Facebook, YouTube, Twitter and LinkedIn).

Audience measurement cookies compile statistics on visits to and use of various elements of the website (such as the content/pages you have visited). This data is used to improve the ergonomics of the LE BARTHELEMY HOTEL & SPA website. An audience measurement tool is used on this website: Click here to manage cookies.

2.3 You can use various tools to set cookie parameters

Most Internet browsers are configured by default to allow the deposit of cookies. Your browser gives you the opportunity to modify these standard settings so that all cookies are systematically rejected, or so that only some cookies are accepted or rejected, depending on the sender.

WARNING: Nevertheless, we draw your attention to the fact that refusing to store cookies on your device may alter your user experience and your access to certain services or functionalities on this website. In this case, LE BARTHELEMY HOTEL & SPA declines all responsibility for any consequences linked to the deterioration of your browsing conditions which may occur as a result of your choice to refuse, delete or block the cookies necessary for the website operations. Such consequences shall not constitute damage, and you shall not be entitled to claim any compensation as a result.

Your browser also allows you to delete existing cookies from your device, or to notify you when new cookies are likely to be placed on your device. These settings have no effect on your browsing experience.

Please look at the various tools available to you below to enable you to configure the cookies stored on your device.

2.4. Internet browser setup

When using the Website or certain services linked to the Website, certain data is collected automatically, such as: (i) IP address, (ii) reference of the browser software used, (iii) browsing data (date, time, consulted content, used search terms, etc.), (iv) operating system references.

Among the technologies used to collect this information, LE BARTHELEMY HOTEL & SPA may use “php” sessions, which store each user's data using a unique session identifier. These php sessions keep data in memory only as long as users are browsing the website.

Data collected during browsing is thus deleted when the user's browser closes, or, where applicable, within a maximum period of thirteen months from the date of collection.

Each Internet browser has its own cookie management settings. To find out how to modify your cookie preferences, please click on the links below to access the appropriate menu in your browser:

Chrome: https://support.google.com/chrome/answer/95647?hl=fr

Firefox: https://support.mozilla.org/fr/products/firefox/protect-your-privacy/cookies

Microsoft Edge: https://privacy.microsoft.com/fr-fr/windows-10-microsoft-edge-and-privacy

Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

Safari: https://support.apple.com/kb/PH21411?viewlocale=fr_FR&locale=fr_FR

For more information about cookie management tools, please visit the CNIL website: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser