Privacy Notice

This privacy notice is provided in accordance with articles 8, 15, 16, 36 and other related and applicable provisions of the Federal Law on the Protection of Personal Data Held by Private Parties (“LFPDPPP”). In compliance with the LFPDPPP, Operadora Mega, S.A. de C.V. (Hotel Flamingo Cancún Resort), with a principal address at Boulevard Kukulcan Km. 11, Zona Hotelera, Cancún, Quintana Roo, C.P. 77500, Mexico, is responsible for the processing (use) of your personal data. You can contact our Data Protection Department at: protecdatos@flamingocancunresort.com.mx or by visiting the website www.flamingocancun.com.

Identity and Principal Address of the Data Controller

Operadora Mega S.A. de C.V., with the trade name Hotel Flamingo Cancún Resort, with a principal address at Boulevard Kukulcán Km. 11, Zona Hotelera, Cancún, Quintana Roo C.P. 77500, is responsible for obtaining and processing your personal data obtained due to the lodging relationship you have with us, and may be assisted by one or more data processors (Data Protection Department) to provide better processing of your personal data at protecdatos@flamingocancunresort.com.mx.

Personal Data

For the purposes established in this Privacy Notice, Hotel Flamingo Cancún Resort will obtain the following personal data from you: full name, date of birth, gender, address, telephone numbers, email, social media address, a list of your likes and interests on social media, age range, federal taxpayer registry (RFC), marital status, occupation, nationality or citizenship, your car’s license plate number; Facebook and Instagram addresses; main reason for your trip and number of trips per year; name and data of third parties; name of your company, your position and contact information; your credit or debit card details and form of payment, billing information; information about your interests, preferences, opinions and hobbies; demographic data, including geolocation data from your device each time you use the Hotel Flamingo Cancún Resort’s Wi-Fi network, your IP address and browser type when obtained by electronic means, data on the use and consumption of internet services from your device, as well as the use of third-party applications and services. We inform you that Hotel Flamingo Cancún Resort does not obtain personal data that are considered by the LFPDPPP to be sensitive personal data. We may obtain your credit card data for the purpose of reservations and for collection in case the reservation is not honored.
  • In person, when you provide them to one of our employees, by filling out forms to accept our lodging contract and check in with us, or at our reception. Also, when you answer satisfaction and service opinion questionnaires, or when you subscribe to offers, promotions and contests or loyalty programs.
  • Directly, when you provide them to us by telephone or through electronic means on our Website www.flamingocancun.com, for the following purposes: to identify yourself, create your personalized user account or log into it on our portal, fill out the reservation form, perform pre-registration for your check-in prior to your arrival at the Hotel, or check-out of your reservation, if applicable, and stay at any of our hotels, interact on our social media or through cookies or web beacons, or by email. Also, when you use the Wi-Fi networks of Hotel Flamingo Cancún Resort, when you answer satisfaction and service opinion questionnaires by electronic means, or when you subscribe to offers and contests through our electronic means.
  • Indirectly, when you provide your personal data to one of our suppliers, such as travel agencies or third parties that provide us with databases, who support us during the reservation and marketing processes.
A cookie is a data file that is stored on the hard drive of your computer or the electronic communications device you use when browsing our Websites, which allows for the exchange of status information between our Websites and your browser. The status information may reveal session identification, authentication or user preferences, as well as any data stored by the browser regarding the internet site. In contrast, a web beacon is a visible or hidden image inserted into our website www.flamingocancun.com or email, which can be used to monitor your behavior on these media. Through these, information such as the source IP address, browser used, operating system, time the page was accessed, and in the case of email, the association of the data, can be obtained. The data obtained by these means allows us to give you better service on our page. Most web browsers allow you to manage your cookie preferences. You can adjust your browser to reject cookies or delete certain cookies. You should generally also be able to manage similar technologies in the same way you manage cookies – using your browser preferences. The following links show how to adjust the browser settings of commonly used browsers: Consider that if you choose to block cookies it may affect or prevent the functioning of our page and service. One of the third-party services we use to track service-related activity, e.g., by placing cookies, is Google Analytics. If you do not want Google Analytics to obtain and use information, you can install an opt-out system in your web browser (tools.google.com/dlpage/gaoptout?hl=None).

Purpose

The obtaining and processing of the personal data indicated is carried out for the following necessary purposes:
  • a) To keep a record of guests to identify them as clients or users and provide them with the best possible service and attention, being able to register the online session usage time.
  • b) To verify the identity of the guest and the veracity of the information you provide, being able to cancel your user account if anomalies or false information are found in the data provided.
  • c) To contact guests when necessary through different means of communication, such as telephone, chat, email, among others, to complete transactions, process reservations or pre-registrations before your arrival at the hotel, provide personalized services, grant you promotions, benefits, or discounts, update our systems or databases, or in cases of emergency.
  • d) To obtain billing data if required.
  • e) To make a reservation in person directly at our hotel or online on our app and/or website www.flamingocancun.com, according to your specifications and needs.
  • f) To obtain your credit card data, which will only be used as a guarantee for the reservation, with a charge only being issued in case the reservation is not honored.
  • g) To ask you about the quality of our service and understand the specific needs of each guest, to provide you with a better service.
  • h) To comply with the internal policies and processes of Hotel Flamingo Cancún Resort, as well as with the mandatory legal and contractual provisions that have been entered into with you by virtue of the existing commercial relationship.
  • i) To attend to your requests for complaints or claims and/or to comply with the requirements of competent authorities.
  • j) To protect the interests and rights of Hotel Flamingo Cancún Resort, in accordance with legal provisions.
Additionally, we have the following purposes:
  • a) To create a personal profile on our app or on our website www.flamingocancun.com that allows you to receive notifications in case of special offers, promotions, advertising information, register for our loyalty programs, send you electronic postcards and invitations to our events, among other additional services.
  • b) To register you in contests, raffles, promotions and sweepstakes, including digital ones, which allows us to adapt the promotions and notices that are sent to you, as well as to contact the winner.
  • c) To obtain online surveys and questionnaires from you about service satisfaction and opinion or about the internet site.
  • d) To send you personalized advertising and for marketing, statistical and commercial prospecting purposes.
  • e) To share them anonymously for statistical purposes with our business partners to generate similar audiences to which to show ads in web search engines and digital advertising distribution networks.
You can modify the information for the purposes of the last section at any time to adapt the promotions and notices sent according to the preferences you have indicated, by modifying the security options on our website www.flamingocancun.com, or by updating your personal data in your profile. Likewise, you can request not to receive advertising through the link that appears in each advertisement you receive, to be removed from the mailing list of the marketing and advertising service. Additionally, you can contact our Data Protection Department and request that your data not be used for non-necessary purposes, in accordance with the procedure in section 5 of this privacy notice. We also inform you that you can register in the Public Consumer Registry provided for in the Federal Consumer Protection Law, and in the Public User Registry in accordance with the Law for the Protection and Defense of Financial Service Users, to not receive advertising. In case you decide to register in said registries, we will respect your decision.

Consent to the processing of your personal data

At the moment you provide your personal data, if you disagree with Hotel Flamingo Cancún Resort processing any or some of the personal data listed, for the purposes described and do not object to the list of personal data requested or their use, you will be granting your tacit consent. If you do not agree to provide any of the data we request or any use, you must, prior to providing the data, express your refusal. You have the right to provide only the data you consider necessary for the listed objectives. In case you consent to the processing of the personal data listed for the purposes described, in accordance with this notice, please accept this privacy notice and informed consent. If in the future you wish to withdraw your authorization for the use of your personal and sensitive data in accordance with the provisions of this Privacy Notice, we would appreciate it if you would send an email to the following address: protecdatos@flamingocancunresort.com.mx accompanied by an official identification, where you express your will, or by sending a duly signed document, accompanied by a copy of your current official identification with a photograph, by postal mail to the address of Hotel Flamingo Cancún Resort indicated in this privacy notice.

Transfers of personal data

Hotel Flamingo Cancún Resort may transfer your personal data to third parties for the purposes established in this Privacy Notice. This includes:
  • a. Your personal data mentioned above may be disclosed to competent authorities, in accordance with applicable legislation. These transfers may be national or international in nature.
  • b. Hotel Flamingo Cancún Resort may transfer all or part of the personal data mentioned to support service providers of the website www.flamingocancun.com, such as Google Analytics, in order to provide data such as your IP address, statistics service and analysis of information on the use of our page. These transfers may be national or international in nature.
  • c. It can also send your personal data to marketing and advertising service providers for information hosting for sending emails and generating advertising.

ARCO Rights

In accordance with the LFPDPPP, you have the rights of Access, Rectification, Cancellation and Opposition to Treatment, also known as “ARCO Rights”, which are briefly explained below:
  • Access: Right to access the personal data that we hold about you, as well as to obtain information related to the conditions under which your data is processed.
  • Rectification: Right to rectify your personal data in case it is inaccurate or incomplete;
  • Cancellation: Right to request that we cancel the personal data we have about you, when you consider that it is not being processed in accordance with the principles and duties established by the LFPDPPP and its Regulations.
  • Opposition to processing: Right to oppose the processing of your personal data, when there is a legitimate cause or so that your data is not processed for specific purposes.
The LFPDPPP also grants you the right to revoke the consent previously granted for the processing of your personal data, at any time. For the purpose of exercising your ARCO rights, to request or revoke your previously granted consent for processing and in general, to formulate any questions or complaints regarding the processing of your personal data or to know if there are other options available (in addition to those established here) so that you can limit the use or disclosure of your data, please contact our Personal Data Department (“DDP”). Your requests for cancellation, revocation and opposition to processing will be evaluated in the terms established in the LFPDPPP and their admissibility or inadmissibility will be resolved taking into consideration the precepts of the LFPDPPP and other obligations that are applicable to Hotel Flamingo Cancún Resort (tax, commercial, consumer protection, public safety, health, etc.). In general, please consider that your requests may not be admissible, in those cases in which the processing is necessary for the fulfillment of a legal obligation imposed or acquired by Hotel Flamingo Cancún Resort. In all these cases, a simple request must be sent as mentioned above. Our DDP will communicate to you (I) the information that will be requested to identify yourself, as well as the documents you will need to send along with your request; (II) the deadlines in which you will receive a response to your request; (III) how to submit your request, including any forms you can use to submit your request, if any, and; (IV) the modality or means by which we will deliver the information to you.

Personal Data Department (“DDP”).

Our DDP can be contacted through the following means:
Hotel Flamingo Cancún Resort, Operadora Mega S.A. de C.V. Boulevard Kukulcán Km. 11, Zona Hotelera C.P. 77500, Cancún, Quintana Roo, Mexico Email: protecdatos@flamingocancunresort.com.mx
In any case, please include your name and contact information.

Security of your Personal Data.

Hotel Flamingo Cancún Resort has adopted and maintains the necessary information security measures, both physical, organizational, administrative and technical, to prevent the loss, misuse, alteration or illegal disclosure of information and protect the personal data that you provide us against damage, loss, alteration, destruction or unauthorized use, access or processing. The third parties to whom we send your personal data will be subject to privacy policies similar to those established here. Hotel Flamingo Cancún Resort uses the SSL security lock on its website www.flamingocancun.com to protect the information you have provided us, in this sense, your acceptance of our privacy notice will be considered as your express authorization for the transfer of said information. You may go to the National Institute for Transparency, Access to Information and Protection of Personal Data (“INAI”), if you consider that your right to the protection of personal data has been violated. Hotel Flamingo Cancún Resort informs you that, if you do not accept our privacy notice, you will not be able to continue with the registration or reservation process on any of our channels.

Modifications to the Privacy Notice

Hotel Flamingo Cancún Resort reserves the right to make modifications or updates to this privacy notice at any time, in order to reflect the entry into force of new regulations or internal policies. These modifications will be available through the following means: visible announcements in our establishments, our website, or by email. In the event that you do not agree with said modifications, you must send an email to the email address indicated above, requesting the cancellation of your personal data, in accordance with the LFPDPPP. We inform you that this page may use cookies and web beacons to obtain personal data. You can disable them as established in our Privacy Notice.

Introduction

The objective of the Data Processing Policy is to comply with Colombian legislation on the protection of personal data, that is, article 15 of the Political Constitution, Statutory Law 1581 of 2012 and its regulatory decrees and other norms that add to, complement or modify it and to inform the owners of personal information about the purposes associated with the processing of their personal data that will be carried out by OPERADORA MEGA S.A DE C.V. (hereinafter and indistinctly HOTEL FLAMINGO CANCÚN RESORT or “THE DATA CONTROLLER”) as the data controller, as well as the rights that they have as the Data Subject, the person or area responsible for handling requests, queries and claims, and the service channels enabled by HOTEL FLAMINGO CANCÚN RESORT to guarantee the exercise of the habeas data right. HOTEL FLAMINGO CANCÚN RESORT, taking into account that for the development of its corporate purpose, it must collect and carry out various forms of processing of the personal information of its different interest groups, is committed to: I) at all times comply with the current regulations on the protection of personal data; II) guarantee the exercise of the habeas data rights of all personal data subjects who are in its databases and files; III) develop controls and technical, legal and organizational measures, aimed at establishing security conditions, in order to prevent unauthorized access, loss, alteration and fraudulent use of the data for which it holds the quality of Data Controller. In virtue of the above, within the legal and corporate duty of HOTEL FLAMINGO CANCÚN RESORT to protect the right to privacy of individuals, personal data subjects, as well as the power to know, update or request the information that is archived about them in our databases, HOTEL FLAMINGO CANCÚN RESORT has adopted this Personal Data Processing Policy (hereinafter the “Policy”), the purpose of which is to guarantee the habeas data right of the subjects whose personal data has been provided to it by virtue of a legal or contractual relationship or of any other kind and to make known the different forms of processing to which the personal information to which it has or has had access will be subjected through different channels, as well as through third parties that participate in our commercial or legal relationship with all our SHAREHOLDERS, MEMBERS OF THE BOARD OF DIRECTORS, CANDIDATES FOR A VACANCY, INTERNS, APPRENTICES, PROVIDERS OR CONTRACTORS, COMMERCIAL PROSPECTS, CLIENTS AND GUESTS. HOTEL FLAMINGO CANCÚN RESORT is committed to adopting security and quality standards so that the information of the subjects that has been provided to it is only processed for the specific purposes for which it was collected, by virtue of the existing legal or contractual authorization.

Definitions and concepts

For the interpretation of this Policy, we ask you to take into account the following definitions:
  • Authorization: prior, express and informed consent of the Data Subject to carry out the processing of personal data.
  • Database: organized set of personal data that is subject to Processing.
  • Consent: is a manifestation of will, informed, free and unequivocal, through which the owner of personal data accepts that a third party use their information.
  • Queries: the Data Subjects or their assignees may consult the Data Subject’s personal information that is in any database, whether public or private. The Data Controller or Data Processor must provide them with all the information contained in the individual record or that is linked to the identification of the Data Subject.
  • Personal Data: refers to any information associated with an identified or identifiable natural person, related to both their identity, as well as their existence and occupations.
  • Public Data: is the data qualified as such by the Constitution or the Law and all those that are not semi-private or private, in accordance with this law. Public data includes, among others, the data contained in public documents, gazettes and judicial bulletins, duly executed judicial sentences that are not subject to reservation and those related to the civil status of people.
  • Semi-Private Data: Semi-private data is data that is not intimate, reserved, or public in nature and whose knowledge or disclosure may be of interest not only to its owner but to a certain sector or group of people or to society in general, such as financial and credit data from commercial or service activity.
  • Private Data: It is data that by its intimate or reserved nature is only relevant to the owner.
  • Sensitive Data: for the purposes of this policy, sensitive data is understood as any data that affects the intimacy of the Data Subject or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, membership in unions, social organizations, human rights organizations or that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data related to health, sexual life and biometric data.
  • Data Processor: a natural or legal person, public or private, who, by himself or in association with others, performs the processing of personal data on behalf of the Data Controller.
  • Habeas Data: It is the right that every data subject has to know, update, rectify or oppose the information concerning their personal data.
  • Data Processing Policy or Policy: refers to this document, as the personal data processing policy applied by HOTEL FLAMINGO CANCÚN RESORT in accordance with the guidelines of the current legislation on the matter. • Provider: any natural or legal person who provides a service to HOTEL FLAMINGO CANCÚN RESORT by virtue of a contractual or obligatory relationship.
  • Provider: any natural or legal person who provides a service to HOTEL FLAMINGO CANCÚN RESORT by virtue of a contractual or obligatory relationship.
  • Claim: the Data Subject or their assignees who consider that the information contained in a database must be corrected, updated or suppressed, or when they notice the alleged breach of any of the duties contained in this law, may file a claim with the Data Controller or the Data Processor.
  • Data Controller: a natural or legal person, public or private, who, by himself or in association with others, decides on the database and/or the processing of personal data.
  • Processing: any physical or automated operation or procedure that allows for the capture, registration, reproduction, conservation, organization, modification, transmission of personal data.
  • Data Subject: is the natural person whose personal data is subject to processing by a third party, whether a client, provider, employee, or any third party who, due to a legal or commercial relationship, provides personal data to HOTEL FLAMINGO CANCÚN RESORT.
  • Transmission: refers to the communication of personal data by the Data Controller to the Data Processor, located inside or outside the national territory, so that the Data Processor, on behalf of the Data Controller, processes personal data.
  • Processing: Any operation or set of operations on personal data, such as collection, storage, use, circulation or suppression.
  • Visitors: Any natural or legal person who visits the offices of HOTEL FLAMINGO CANCÚN RESORT located in Cancun.
For the understanding of terms that are not included in the previous list, you should refer to the current legislation, especially Law 1581 of 2012 and chapters 25 and 26 of Decree 1074 of 2015, giving the meaning used in said norm to the terms whose definition is in doubt.

Principles applicable to the processing of personal data

At HOTEL FLAMINGO CANCÚN RESORT we are committed to complying with the principles that govern the processing of the personal data of our interest groups and, in general, of any natural person whose personal data is in our databases and/or files, guaranteeing the application of the general principles for the processing of this type of data, which are indicated below:
  • Principle of Legality: The processing of personal data is a regulated activity and must obey a legitimate purpose, for which HOTEL FLAMINGO CANCÚN RESORT, will obligatorily comply with the provisions of Law 1581 and the other provisions that develop it.
  • Principle of Purpose: HOTEL FLAMINGO CANCÚN RESORT, will apply processing to personal data always obeying a legitimate purpose which will be previously informed to the data subject.
  • Principle of Freedom: HOTEL FLAMINGO CANCÚN RESORT, will only process personal data when it has the prior, express and informed consent of the data subject. The data subject may, in any case, refuse the processing of their sensitive data.
  • Principle of Veracity or Quality: The personal data processed by HOTEL FLAMINGO CANCÚN RESORT must be truthful, complete, accurate, updated, verifiable and understandable.
  • Principle of Transparency: HOTEL FLAMINGO CANCÚN RESORT, will guarantee the Data Subject of personal data, at any time and without restrictions, the obtaining of information about the existence of data that concerns them.
  • Principle of Restricted Access and Circulation. HOTEL FLAMINGO CANCÚN RESORT, undertakes that the processing of personal data will be carried out by entities authorized by the data subject and/or by the persons provided for in Law 1581 of 2012. Personal data may not be available on the internet or other means of mass dissemination or communication, unless access is technically controllable to provide restricted knowledge only to the data subjects or authorized third parties.
  • Principle of Security: The information subject to processing by HOTEL FLAMINGO CANCÚN RESORT, will be handled with the necessary technical, human and administrative measures to provide security to the records, preventing their alteration, loss, consultation, unauthorized or fraudulent use or access.
  • Principle of Confidentiality: HOTEL FLAMINGO CANCÚN RESORT, undertakes that the people who intervene in the processing of personal data that are not public in nature will be obliged to guarantee the confidentiality of the information, even after their relationship with any of the tasks that the processing includes has ended, being able to only provide or communicate personal data when this corresponds to the development of the authorized activities.
  • Principle of Demonstrated Responsibility (Accountability): One that is based on the approach of recognition and commitment of organizations in order to increase protection standards to procure and guarantee individuals an adequate processing of their personal data. This principle entails for HOTEL FLAMINGO CANCÚN RESORT an obligation to render accounts on its activities in the field of personal data protection, accept responsibility for them and disclose the results in a transparent manner.

Duties of Hotel Flamingo Cancún Resort as the data controller.

HOTEL FLAMINGO CANCÚN RESORT as the Data Controller will comply with the following duties, without prejudice to the other provisions provided for in the law and in others that govern its commercial activity:
  • Guarantee the Data Subject, at all times, the full and effective exercise of the habeas data right;
  • Request and keep, under the conditions provided for in the law, a copy of the respective authorization granted by the Data Subject;
  • Duly inform the Data Subject about the purpose of the collection and the rights they have by virtue of the authorization granted;
  • Keep the information under the necessary security conditions to prevent its alteration, loss, unauthorized or fraudulent consultation, use or access;
  • Guarantee that the information provided to the Data Processor is truthful, complete, accurate, updated, verifiable and understandable;
  • Update the information, timely communicating to the Data Processor, all the changes regarding the data that it has previously provided and adopt the other necessary measures so that the information provided to it is kept updated;
  • Rectify the information when it is incorrect and communicate the relevant information to the Data Processor;
  • Provide the Data Processor, as the case may be, only data whose Processing is previously authorized in accordance with the provisions of the law;
  • Exigir al Encargado del Tratamiento en todo momento, el respeto a las condiciones de seguridad y privacidad de la información del Titular;
  • Tramitar las consultas y reclamos formulados en los términos señalados en la presente ley;
  • Adoptar un manual interno de políticas y procedimientos para garantizar el adecuado cumplimiento de la ley y, en especial, para la atención de consultas y reclamos;
  • Informar al Encargado del Tratamiento cuando determinada información se encuentre en discusión por parte del Titular, una vez se haya presentado la reclamación y no haya finalizado el trámite respectivo;
  • Informar a solicitud del Titular sobre el uso dado a sus datos;
  • Informar a la autoridad de protección de datos cuando se presenten violaciones a los códigos de seguridad y existan riesgos en la administración de la información de los Titulares.
  • Cumplir las instrucciones y requerimientos que imparta la Superintendencia de Industria y Comercio.

Purposes of processing

HOTEL FLAMINGO CANCÚN RESORT recognizes that the owner of personal data has the right to have a reasonable expectation of their privacy, taking into account, in any case, their responsibilities, rights and obligations with HOTEL FLAMINGO CANCÚN RESORT. By virtue of the relationship established between you and HOTEL FLAMINGO CANCÚN RESORT, we inform you that your personal data will be processed with total confidentiality and that the collection, use, circulation, transmission, transfer and, in general, any form of processing on them, will be done in accordance with the following purposes, corresponding, in any case, to the development of its corporate purpose and the ordinary course of its activities. For the purposes established in this Policy, HOTEL FLAMINGO CANCÚN RESORT obtains or may obtain the following personal data from you: full name, date of birth, gender, address, telephone numbers, email, social media address, a list of your likes and interests on your social media, age range, NIT, marital status, occupation, nationality or citizenship, your car’s license plate number; Facebook and Instagram addresses; main reason for your trip and number of trips per year; name and data of third parties; name of your company, your position and contact information; your credit or debit card details and form of payment, billing information; information about your interests, preferences, opinions and hobbies; demographic data, including geolocation data from your device each time you use the Wi-Fi network of HOTEL FLAMINGO CANCÚN RESORT, your IP address and browser type when obtained by electronic means, data on the use and consumption of internet services from your device, as well as the use of third-party applications and services. We inform you that HOTEL FLAMINGO CANCÚN RESORT does not obtain personal data that are considered sensitive personal data. We can obtain your credit card data for the purpose of reservations and for collection in case the reservation is not honored. HOTEL FLAMINGO CANCÚN RESORT obtains or may obtain personal data from you through the following means:
  • In person, when you provide them to one of our employees, by filling out forms to accept our lodging contract and check in with us, or at our reception. Also, when you answer satisfaction and service opinion questionnaires, or when you subscribe to offers, promotions and contests or loyalty programs.
  • Directly, when you provide them to us by telephone or through electronic means on our Website www.flamingocancun.com, for the following purposes: to identify yourself, create your personalized user account or log into it on our portal, fill out the reservation form, perform check-in or check-out of your reservation, if applicable, and stay at any of our hotels, interact on our social media or through cookies or web beacons, or by email. Also when you use the Wi-Fi networks of the hotels of HOTEL FLAMINGO CANCÚN RESORT, when you answer satisfaction and service opinion questionnaires by electronic means, or when you subscribe to offers and contests through our electronic means.
  • Indirectly, when you provide your personal data to one of our suppliers, such as travel agencies or third parties that provide us with databases, who support us during the reservation and marketing processes.

General Purposes

The purposes described below will be applicable to all data subjects who have previously, expressly and informedly authorized the processing of their personal data:
  • a. To inform about substantial changes in the Policy adopted by HOTEL FLAMINGO CANCÚN RESORT.
  • b. To establish and manage the pre-contractual and contractual, commercial, labor, civil and any other relationship that arises by virtue of the fulfillment of a legal or contractual obligation on the part of HOTEL FLAMINGO CANCÚN RESORT.
  • c. To respond to the requests, queries, claims and/or complaints made by the owners of personal information through any of the channels enabled by HOTEL FLAMINGO CANCÚN RESORT for this purpose.
  • d. To transfer or transmit your personal data to judicial and/or administrative entities and/or authorities, when these are required in relation to its purpose and are necessary for the fulfillment of its legal or contractual functions.

Guests

HOTEL FLAMINGO CANCÚN RESORT will use, directly or with the participation of third-party product or service providers, the personal data of guests in accordance with the purposes listed below:
  • To keep a record of guests to identify them as clients or users and provide them with the best possible service and attention, being able to register the online session usage time.
  • To verify the identity of the guest and the veracity of the information you provide, being able to cancel your user account if anomalies or false information are found in the data provided.
  • To contact guests when necessary through different means of communication, such as telephone, chat, email, among others, to complete transactions, process reservations, provide personalized services, grant you promotions, benefits, or discounts, update our systems or databases, or in cases of emergency.
  • To perform transactions, make reports to the different national and international administrative control and surveillance authorities, police authorities or judicial authorities, banking entities and/or insurance companies.
  • To obtain billing data if required.
  • To make a reservation in person directly at our hotels or online on our app and/or website www.flamingocancun.com, according to your specifications and needs.
  • To obtain your credit card data, which will only be used as a guarantee for the reservation, with a charge only being issued in case the reservation is not honored. With a debit card, you can only pay for the entire stay.
  • To ask you about the quality of our service and understand the specific needs of each guest, to provide you with a better service.
  • To comply with all the mandatory legal provisions for HOTEL FLAMINGO CANCÚN RESORT, within the framework of the commercial relationship with its guests.
  • To comply with the contractual obligations it has entered into with its guests by virtue of the existing contractual relationship.
  • To attend to your requests for complaints or claims and/or to comply with the requirements of competent authorities.
  • To protect the interests and rights of HOTEL FLAMINGO CANCÚN RESORT, in accordance with legal provisions.
  • To promote and advertise our activities, products and services. The personal data of guests will also be processed for:
  • Internal and/or commercial administrative purposes such as market research, audits, accounting reports, statistical analysis, billing, and offering and/or recognizing benefits of our loyalty programs.
  • To create a personal profile on our website www.flamingocancun.com that allows you to receive notifications in case of special offers, register for our loyalty programs, send electronic postcards, among other additional services.
  • To register them in contests, raffles and sweepstakes, including digital ones, which allows us to adapt the promotions and notices that are sent to them, as well as to contact the winner.
  • To carry out online surveys and questionnaires on service satisfaction and opinion or about the internet site.
  • To send personalized advertising and for marketing, statistical and commercial prospecting purposes.

Commercial Prospects

HOTEL FLAMINGO CANCÚN RESORT will use, directly or with the participation of third-party product or service providers, the personal data of commercial prospects in accordance with the purposes listed below:
  • To register you as a commercial prospect.
  • To evaluate you as a potential client of HOTEL FLAMINGO CANCÚN RESORT.
  • To collect, register and update your personal data in order to inform, communicate, organize, control, attend to, and accredit the activities in relation to your status as a commercial prospect.
  • To respond to requests or requirements for information about our services.
  • To send to your physical mail, email, mobile phone or mobile device, via text messages (SMS and/or MMS) or Facebook Messenger or through any other similar and/or digital means of communication created or to be created, commercial, advertising or promotional information about our products and/or services, events and/or commercial promotions, in order to promote, invite, direct, execute, inform and, in general, carry out campaigns, promotions or contests of a commercial or advertising nature, carried out directly by HOTEL FLAMINGO CANCÚN RESORT and/or by third parties.
  • To carry out statistical analysis of trends, consumption habits and consumer behavior.
We warn that these purposes may involve third-party providers (such as reservation system providers, travel agencies, call centers, banking entities, insurers).

Special requirements for the processing of sensitive data.

HOTEL FLAMINGO CANCÚN RESORT in its capacity as Data Controller, will identify the sensitive data that it may eventually collect or process to meet the following objectives:
  • To implement special attention and reinforce its responsibility regarding the processing of this type of data, which translates into a greater demand in terms of compliance with the principles and duties established by the current regulations on data protection.
  • To establish the levels of technical, legal and administrative security to process this information appropriately.
  • To increase access and use restrictions by HOTEL FLAMINGO CANCÚN RESORT personnel in its capacity as employer and by third-party contractors or providers.

Personal data of children and adolescents

The processing of personal data of children and adolescents by HOTEL FLAMINGO CANCÚN RESORT will be carried out always respecting the following requirements:
  • To respond to and respect the best interest of children and adolescents.
  • To ensure that the data controller respects their fundamental rights.
  • To guarantee that the legal representative of the minor grants the authorization, prior to the exercise of their right to be heard, an opinion that, as far as possible, must be valued taking into account the following factors:
    • Maturity
    • Autonomy
    • Ability to understand the purpose of said processing
    • Explain the consequences of the processing
IMPORTANT: The evaluation of the above characteristics will not be carried out by HOTEL FLAMINGO CANCÚN RESORT in a general way. Every data controller, processor or third party involved in the processing of personal data of minors, must always ensure the proper use of this type of personal data.

Transmission of personal data to third parties.

If you provide us with Personal Data, this information will be used only for the purposes indicated in this Policy, and we will not sell, license, transmit or disclose it to third parties, unless, i) you expressly authorize us to do so; ii) it is necessary to allow our contractors or agents to provide the services we have entrusted to them; iii) it is necessary for the effective provision and fulfillment of the acquired service; iv) in order to provide you with our products or services; v) it is necessary to allow third parties who provide marketing services on our behalf or to other entities with which we have joint marketing agreements; vi) it is related to a merger, consolidation, acquisition, divestiture or other restructuring process; vii) it is required to finalize administrative operations; or viii) it is required or permitted by law. In order to implement the purposes described above, your personal data may be disclosed for the purposes indicated in this Policy to human resources personnel, processors, consultants, advisors and to other people and offices as appropriate. HOTEL FLAMINGO CANCÚN RESORT may subcontract third parties for the processing of certain functions or information. When we effectively subcontract the processing of your personal information to third parties or provide your personal information to third-party service providers, we warn said third parties about the need to protect said personal information with appropriate security measures, we prohibit them from using your personal information for their own purposes and we prevent them from disclosing your personal information to others. However, when HOTEL FLAMINGO CANCÚN RESORT performs a Transmission of Personal Data to third-party Processors located in Mexico or abroad, it must prove (i) a prior, express and informed authorization from the Data Subject, or (ii) a personal data transmission contract that contains the requirements contemplated in article 2.2.2.25.5.2 of Decree 1074 of 2015. Similarly, HOTEL FLAMINGO CANCÚN RESORT may transfer or transmit (as appropriate) your personal data to other companies abroad for reasons of security, administrative efficiency and better service, in accordance with the authorizations of each of these people. Under this understanding, your data may be transmitted or transferred, as appropriate, for the completion of administrative operations in favor and under the instructions of HOTEL FLAMINGO CANCÚN RESORT or in favor of the global operation of OPERADORA MEGA SA DE CV.

Temporary limitations on the processing of personal data.

HOTEL FLAMINGO CANCÚN RESORT may only collect, store, use or circulate personal data for a time that is reasonable and necessary, in accordance with the purposes that justified the processing, taking into account the applicable provisions on the matter in question and the administrative, accounting, tax, legal and historical aspects of the information. Once the purpose or purposes of the processing have been fulfilled and, without prejudice to legal norms that provide otherwise, it will proceed to the suppression of the personal data in its possession or archived in secure terms so that they are only disclosed when this is required in accordance with the law. However, personal data must be kept when required for the fulfillment of a legal or contractual obligation. You as the Data Subject may, at any time, revoke the consent you have given for the processing of your personal data, unless HOTEL FLAMINGO CANCÚN RESORT is legally or contractually required to keep said information, by sending a written communication and/or request through the contact channels provided in this Policy for the exercise of the habeas data right, providing a copy of your identification document or any other document that, in the opinion of HOTEL FLAMINGO CANCÚN RESORT, allows your identity to be proven.

Processing of personal data on behalf of a third party

HOTEL FLAMINGO CANCÚN RESORT may act in certain events as the Data Processor of the data provided or transmitted by some of its interest groups that have contracted with HOTEL FLAMINGO CANCÚN RESORT, and by virtue of this contractual relationship, it undertakes to comply with the following duties:
  • To establish that the Data Controller is authorized to provide the personal data that it will process as the Data Processor.
  • To guarantee the Data Subject, at all times, the full and effective exercise of the habeas data right.
  • To keep the information under the necessary security conditions to prevent its alteration, loss, unauthorized or fraudulent consultation, use or access.
  • To timely update, rectify or suppress the data.
  • To update the information reported by the Data Controllers within five (5) business days counted from its receipt.
  • To process the queries and claims made by the data subjects in the terms indicated in this policy.
  • To register the legend “claim in process” in the database in the manner established in this policy.
  • To insert the legend “information in judicial discussion” in the database once notified by the competent authority about judicial processes related to the quality of the personal data.
  • To refrain from circulating information that is being disputed by the data subject and whose blocking has been ordered by the Superintendence of Industry and Commerce.
  • To allow access to the information only to the persons authorized by the data subject or empowered by law for that purpose.
  • To inform the Superintendence of Industry and Commerce when there are violations of the security codes and there are risks in the administration of the data subjects’ information.
  • To comply with the instructions and requirements issued by the Superintendence of Industry and Commerce.

Security, integrity and confidentiality.

HOTEL FLAMINGO CANCÚN RESORT has incorporated into its different systems the adequate security standards in order to protect the personal data of all data subjects against possible accidental loss and unauthorized access, processing or modifications, in accordance with the state of technology, the type and nature of the data that are in our databases and the risks to which they are exposed. The personal data that HOTEL FLAMINGO CANCÚN RESORT obtains through any format, contract, physical or electronic communication, will be treated with total reserve and confidentiality, committing to keep due secrecy regarding them and guaranteeing the duty to store them by adopting the necessary measures that prevent their alteration, loss and unauthorized processing or access, in accordance with the provisions of the applicable legislation.

Rights of personal data subjects.

The owners of personal information may exercise the right of habeas data against HOTEL FLAMINGO CANCÚN RESORT in order to:
  • Know and access their personal data that has been subject to processing.
  • Update their personal data that has been subject to processing.
  • Rectify the personal data that has been subject to processing.
  • Suppress the authorization for the processing of their personal data, when in the processing of the same the principles established in Law 1581 of 2012 have not been respected.
  • Request proof of the authorization granted for the processing of their personal data.
These rights may be exercised directly by the owner of the personal data, their proxy or their assignee, as the case may be. If you wish to exercise your habeas data right through a legal representative, you must present a general or special power of attorney duly authenticated. Below is a description of the content and details of each of the rights that you, as the owner of personal data, can exercise:
  • Right of access. Every natural person will have the right to know if their personal data has been subject to any form of processing by HOTEL FLAMINGO CANCÚN RESORT in the terms expressed in the norm, in addition to exercising the right to know the origin of their data and if they have been transmitted or transferred or not to third parties and, therefore, the identification of those third parties.
  • Right to update. Every natural person will have the right to update the information kept by HOTEL FLAMINGO CANCÚN RESORT as personal data in the terms expressed in the norm.
  • Right to rectification. Every natural person has the right to verify with the data controller the accuracy and veracity and request the rectification of their personal data collected when they are inaccurate, incomplete or lead to error. The data subjects must indicate the data they request to be corrected and also accompany the documentation that justifies the request.
  • Request for suppression or cancellation of the data. The owner of the personal information must indicate the data that must be canceled or rectified, providing, if applicable, the documentation or proof that justifies it. The cancellation will lead to the blocking of your data, keeping it on the part of the data controller, with the sole purpose that it is accessible to administrative or judicial authorities, always obeying the statute of limitations that exists on them. Once this period has been met, the data controller must proceed to the definitive cancellation of the personal information of the interested or affected party, which is in our databases or files.