UGC Terms and Conditions

Welcome!

Thank you for considering sharing your photo or video!

We love seeing how our guests have a good time at our hotels, resorts, and pousadas and are looking to gather some of the most creative and inspiring examples. To this end, we have contacted you to request the transfer of image rights for reproduction on our social networks, website, among others.

By responding to our request with the hashtag #YesPestana, the user agrees to the following:

• Collection of your image and your user profile data, for the purposes of reproduce, publish, distribute, modify and use your User Generated Content (UGC) on the social networks of Pestana Hotel Group, its website, and for other marketing and customer communication material.

Please note that by consenting to share UGC, you may be consenting to the sharing of personal data to the extent that the relevant publication or your profile contains any information relating to an identified or identifiable natural person ("data subject").

1- Data Protection

a. Pestana Management - Serviços de Gestão S.A., a public limited company with its registered office based at Rua Jau, 54, 1300 - 314 Lisbon, registered with the Lisbon Commercial Registry Office under the single registration number and company number 511230397 (hereinafter "Pestana Hotel Group"), acting as a Controller, will request you express consent for the collection of your image and user profile data, for the purposes of reproduce, publish, distribute, modify and use their UGC on its social networks (Facebook and Instagram), website, and for other marketing and customer communication material.

b. The consent may be revoke at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

c. The collected personal data may be shared with other companies of Pestana Hotel Group, with a view to fulfilling the purposes for which the personal data are processed as well as with personal data processors which provide support services to these purposes and that will process personal data in name and on behalf of Pestana Hotel Group.

d. Your personal data will be stored until your consent has been revoked. During this period you may, at any time and for free, exercise your rights to access, rectification or erasure, restriction of processing, object and portability of your data, as well as withdraw consent through the portal available at the following link or through the following e-mail: dpo@pestana.com. You may also submit your complaint regarding this data processing to the Portuguese Supervisory Authority (Comissão Nacional de Proteção de Dados).

e. For further information on this matter, please contact the Data Protection Officer through the following e-mail dpo@pestana.com or by letter to Rua Jau, n.º 54, 1300-314 Lisboa or consult the Privacy Policy.

2- Intellectual Property

a. The User is the owner of all content and information they post or share (known as "UGC"), such as comments, photos and videos.

b. The User grants Pestana Hotel Group permission to reproduce, publish, distribute, modify and use their UGC on its social networks, website, and for other marketing and customer communication purposes (for example, we may post advertisements related to your UGC, as well as use your UGC to advertise and promote the Pestana Hotel Group brands or website).

c. Our license to use your UGC is not exclusive, which means that you can continue to use it for your own purposes or allow others to use it.

d. Our license is entirely paid and royalty-free, which means that we do not owe the User any amount related to the use of their UGC.

e. We can exercise our rights anywhere in the world. f. Our license is valid until the User revokes the authorization.

3- Miscellaneous

a. These Terms and Conditions are personal to you and may not be assigned or transferred by you for any reason whatsoever without Pestana Hotel Group prior written consent and any action or conduct in violation of the foregoing shall be void and without effect.

b. Pestana Hotel Group reserves the right to alter these Terms and Conditions without advance notice by posting a revised Terms and Conditions. Accordingly, you should review the Terms and Conditions each time you grant permission or authorization to feature your User Content.

c. You agree that if Pestana Hotel Group does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions (or which Pestana Hotel Group has the benefit of under any applicable law), this will not be taken to be a formal waiver of Pestana Hotel Group rights and that those rights or remedies will still be available to Pestana Hotel Group.

d. If any part of these Terms and Conditions becomes invalid, illegal or unenforceable in any respect under any law or for any other reason whatsoever, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

e. These Terms and Conditions (and any non-contractual disputes/claims which arise out of or in connection with them) will be governed by Portuguese law and you hereby submit to the exclusive jurisdiction of the Portuguese courts.