Banyan Thai Massage Banyan Thai Massage Marbella

WEBSITE PRIVACY POLICY

www.banyanmarbella.com

I. PRIVACY AND DATA PROTECTION POLICY

In compliance with current legislation, Banyan Thai Marbella (hereinafter, also referred to as the Website) undertakes to adopt the necessary technical and organisational measures, according to the security level appropriate to the risk of the data collected.

Laws Incorporated into this Privacy Policy

This privacy policy is adapted to current Spanish and European regulations regarding personal data protection on the internet. Specifically, it complies with the following regulations:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the treatment of personal data and on the free movement of such data (GDPR).
  • Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
  • Royal Decree 1720/2007 of 21 December, approving the Development Regulation of Organic Law 15/1999 of 13 December on the Protection of Personal Data (RDLOPD).
  • Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the Data Controller

The data controller responsible for the processing of personal data collected at Banyan Thai Marbella is: Hla Hla Htay, with Tax Identification Number (NIF): Y7072720G (hereinafter, the Data Controller). Her contact details are as follows:

  • Address: C/ Malaga 11, 2A, Marbella, 29601
  • Contact Telephone: +34 690 244 937
  • Contact Email: info@banyanmarbella.com

Record of Personal Data Processing

In compliance with the provisions of the GDPR and the LOPD-GDD, we inform you that the personal data collected by Banyan Thai Marbella through the forms provided on its pages will be incorporated into and processed in our files in order to facilitate, streamline, and fulfil the commitments established between Banyan Thai Marbella and the User, to maintain the relationship established in the forms filled out by the User, or to address a request or inquiry.

Furthermore, in accordance with the provisions of the GDPR and the LOPD-GDD, unless the exception provided in Article 30.5 of the GDPR applies, a record of processing activities is maintained, specifying, according to their purposes, the processing activities carried out and the other circumstances established by the GDPR.

Principles Applicable to the Processing of Personal Data

The processing of the User’s personal data shall be subject to the following principles set out in Article 5 of the GDPR and Article 4 et seq. of Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights:

  • Principle of Lawfulness, Fairness, and Transparency: The consent of the User will be required at all times, following fully transparent information regarding the purposes for which the personal data are collected.
  • Principle of Purpose Limitation: Personal data will be collected for specified, explicit, and legitimate purposes.
  • Principle of Data Minimisation: The personal data collected will be strictly limited to what is necessary in relation to the purposes for which they are processed.
  • Principle of Accuracy: Personal data must be accurate and always kept up to date.
  • Principle of Storage Limitation: Personal data will only be kept in a form that permits identification of the User for no longer than is necessary for the purposes of their processing.
  • Principle of Integrity and Confidentiality: Personal data will be processed in a manner that ensures appropriate security and confidentiality.
  • Principle of Proactive Accountability: The Data Controller shall be responsible for ensuring compliance with the principles listed above.

Categories of Personal Data

The categories of data processed by Banyan Thai Marbella are strictly identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal Basis for the Processing of Personal Data

The legal basis for the processing of personal data is consent. Banyan Thai Marbella undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.

The User shall have the right to withdraw their consent at any time. It shall be as easy to withdraw consent as it is to give it. As a general rule, the withdrawal of consent will not condition or restrict the use of the Website.

On occasions when the User must or may provide their data through forms to make inquiries, request information, or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory because it is essential for the correct execution of the operation carried out.

Purposes of the Processing of Personal Data

Personal data are collected and managed by Banyan Thai Marbella in order to facilitate, streamline, and fulfil the commitments established between the Website and the User, to maintain the relationship established in the forms filled out by the latter, or to respond to a request or inquiry.

Likewise, the data may be used for commercial personalisation, operational, and statistical purposes, as well as activities inherent to the corporate purpose of Banyan Thai Marbella, including data extraction, storage, and marketing studies to tailor the Content offered to the User, and to improve the quality, operation, and browsing experience of the Website.

At the time the personal data are obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data are intended; that is, the use or uses that will be given to the information collected.

Retention Periods for Personal Data

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the duration required to fulfil the service and meet legal liabilities, or until the User requests their erasure.

At the time the personal data are obtained, the User will be informed about the period for which the personal data will be stored or, when that is not possible, the criteria used to determine this period.

Recipients of Personal Data

The User’s personal data will not be shared with third parties.

In any case, at the time the personal data are obtained, the User will be informed about the recipients or categories of recipients of the personal data.

Personal Data of Minors

Respecting the provisions of Article 8 of the GDPR and Article 7 of Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, only those over 14 years of age may lawfully give their consent for the processing of their personal data by Banyan Thai Marbella. If the user is a minor under 14 years of age, the consent of parents or legal guardians shall be required for the processing, and it shall only be considered lawful to the extent that they have authorised it.

Security and Confidentiality of Personal Data

Banyan Thai Marbella undertakes to adopt the necessary technical and organisational measures, according to the security level appropriate to the risk of the data collected, to guarantee the security of personal data and prevent the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored, or otherwise processed.

The Website is equipped with an SSL (Secure Socket Layer) certificate, which ensures that personal data are transmitted securely and confidentially. The data transmission between the server and the User, and vice versa, is fully encrypted.

However, as Banyan Thai Marbella cannot guarantee the absolute impregnability of the internet or the total absence of hackers or others who may fraudulently access personal data, the Data Controller undertakes to notify the User without undue delay when a personal data breach occurs that is likely to result in a high risk to the rights and freedoms of natural persons. Following Article 4 of the GDPR, a personal data breach is understood as any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored, or otherwise processed.

Personal data shall be treated as confidential by the Data Controller, who undertakes to inform and ensure, by means of a legal or contractual obligation, that such confidentiality is respected by its employees, associates, and any person to whom the information is made accessible.

Rights Derived from the Processing of Personal Data

The User holds the following rights recognized in the GDPR and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, and may therefore exercise them against the Data Controller:

  • Right of Access: The User’s right to obtain confirmation as to whether or not Banyan Thai Marbella is processing their personal data and, if so, to obtain information about their specific personal data and the processing carried out or being carried out by Banyan Thai Marbella, as well as information regarding the source of said data and the recipients of any communications made or planned.
  • Right to Rectification: The User’s right to have their personal data modified if they prove to be inaccurate or, taking into account the purposes of the processing, incomplete.
  • Right to Erasure (“The Right to be Forgotten”): The User’s right, provided that current legislation does not establish otherwise, to obtain the erasure of their personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn their consent to the processing and there is no other legal basis; the User objects to the processing and there is no other legitimate ground to continue it; the personal data have been unlawfully processed; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to erasing the data, the Data Controller, taking into account available technology and the cost of implementation, shall take reasonable steps to inform other controllers processing the personal data of the data subject’s request for erasure of any links to, or copy or replication of, those personal data.
  • Right to Restriction of Processing: The User’s right to limit the processing of their personal data. The User has the right to obtain the restriction of processing when they contest the accuracy of their personal data; the processing is unlawful; the Data Controller no longer needs the personal data, but the User needs them to establish, exercise, or defend legal claims; or when the User has objected to the processing.
  • Right to Data Portability: Where processing is carried out by automated means, the User shall have the right to receive their personal data from the Data Controller in a structured, commonly used, and machine-readable format, and to transmit those data to another data controller. Whenever technically feasible, the Data Controller shall transmit the data directly to that other controller.
  • Right to Object: The User’s right to object to the processing of their personal data or to compel Banyan Thai Marbella to cease processing them.
  • Right Not to be Subject to a Decision Based Solely on Automated Processing, Including Profiling: The User’s right not to be subject to a fully individualised decision based solely on the automated processing of their personal data, including profiling, unless current legislation establishes otherwise.

Accordingly, the User may exercise their rights by sending a written communication to the Data Controller with the reference “GDPR-www.banyanmarbella.com”, specifying:

  1. Name, surname of the User, and a copy of their ID/Passport. In cases where representation is admitted, identification of the person representing the User by the same means will also be necessary, as well as the document accrediting such representation. The photocopy of the ID may be replaced by any other legally valid means that proves identity.
  2. Specific reasons for the request or the information to which access is sought.
  3. Address for notification purposes.
  4. Date and signature of the applicant.
  5. Any supporting documentation for the request being made.

This application and any other attached documents may be sent to the following postal and/or email address:

  • Postal Address: C/ Malaga 11, 2A, Marbella, 29601
  • Email: info@banyanmarbella.com

Links to Third-Party Websites

The Website may include hyperlinks or links that allow access to web pages of third parties other than Banyan Thai Marbella, and which are therefore not operated by Banyan Thai Marbella. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the Supervisory Authority

If the User considers that there is a problem or infringement of current regulations in the way their personal data are being processed, they shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, particularly in the State of their habitual residence, place of work, or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (Agencia Española de Protección de Datos: https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as accepting the processing of their personal data so that the Data Controller can proceed in the manner, during the periods, and for the purposes indicated. The use of the Website implies the acceptance of its Privacy Policy.

Banyan Thai Marbella reserves the right to modify its Privacy Policy according to its own criteria, or motivated by a legislative, jurisprudential, or doctrinal change by the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to check this page periodically to keep abreast of the latest changes or updates.

This Privacy Policy has been updated to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and Organic Law 3/2018 of 5 December (LOPD-GDD).

This Privacy Policy document was updated on 25/05/2026.