Privacy Policy Flamingo Cancun Resort Hotel

PRIVACY NOTICE



This privacy notice is given in accordance with the provisions of Articles 8, 15, 16, 36 and other relevant and applicable provisions of the Federal Law on the Protection of Personal Data in the Possession of Individuals (“LFPDPPP”).
In compliance with the Federal Law on the Protection of Personal Data in the Possession of Individuals (LFPDPPP), Operadora Mega, S. A. de C. V. (Hotel Flamingo Cancun Resort), domiciled at Boulevard Kukulcan Km. 11, Zona Hotelera, Cancun, Quintana Roo, C. P. 77 500, 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 WEB site www.flamingocancun.com



Identity and principal address of the responsible.


Operadora Mega S. A. de C. V. with trade name Flamingo Hotel Cancun Resort with principal address in Boulevard Kukulcán Km. 11, Zona Hotelera, Cancún, Quintana Roo C. P. 77 500 is responsible for obtaining and processing your personal data obtained due to the hosting relationship you have with us and may be assisted by one or more Data Protection Department managers to provide better treatment of your personal data at protecdatos@flamingocancunresort.com.mx



Personal data.


For the purposes set forth in this Privacy Notice, Hotel Flamingo Cancun Resort will obtain from you the following personal data: first and last name, date of birth, gender, address, telephone numbers, email address, social network address, list of preferences and interests in your social networks, age range, federal taxpayer registration (RFC), marital status, occupation, nationality or citizenship, license plates of your car; Facebook and Instagram address; 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 details; your credit or debit card details and payment method, billing details; information about your interests, preferences, opinions and hobbies; demographic data, including geolocation data of your device every time you make use of Hotel Flamingo Cancun Resort's wifi 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 applications and other services.


We inform you that Hotel Flamingo Cancun Resort does not obtain personal data that are considered by the LFPDPPP as sensitive personal data. We may obtain your credit card information for the purpose of reservations and collection in case you do not make the reservation valid.


Hotel Flamingo Cancun Resort obtains or may obtain personal data from you through the following means:
- Personally when you provide them to one of our employees, filling out forms to accept our hosting 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 via telephone or through electronic means on our Web Site www.flamingocancun.com, for the following purposes: identify yourself, create your personalized user account or enter it on our website, fill out the reservation form, pre-register for your check-in prior to your arrival at the Hotel, or check-out of your reservation, if applicable, and stay in any of our hotels, interact in our social networks or through cookies or web beacons, or through email. Also, when you make use of the wifi networks of Hotel Flamingo Cancun Resort, when you answer questionnaires of satisfaction and opinion of the service by electronic means, or when you subscribe to offers and contests by our electronic means.
- Indirectly, when you provide your personal data to any of our suppliers, such as travel agencies or third parties that provide us with databases, which 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 electronic communications device that you use when browsing our Websites, which allows state information to be exchanged between our Websites and your browser. The status information may reveal means of session identification, authentication or user preferences, as well as any data stored by the browser with respect to the website. In contrast, a web beacon is a visible or hidden image embedded within our website www.flamingocancun.com or email, which may be used to monitor your behavior on these media. Through these we can obtain information such as the IP address of origin, browser used, operating system, time at which the page was accessed, and in the case of email, the association of the data. The data obtained by these means allow us to better serve you on our site. Most web browsers allow you to manage your cookie preferences. You can set your browser to refuse cookies or delete certain cookies. Generally you should 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:


• Internet Explorer
• Firefox
• Safari
• Chrome


Please note that choosing to block cookies may affect or prevent the operation of our site 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 collect and use information, you can set up an "opt-out" feature in your web browser (tools.google.com/dlpage/gaoptout?hl=None).



Purpose.


The collection and processing of personal data is carried out with the necessary purposes:

a) To have a record of the guests to identify them as customers or users and provide them with the best possible service and attention, being able to make the record of the time of use of online session.

b) To prove the identity of the guest and verify the veracity of the information provided, being able to cancel your user account in case of finding anomalies or falsehood in the data provided.

c) 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 their arrival at the hotel, provide personalized services, grant promotions, benefits, or discounts, update our systems or databases, or in cases of emergency.

d) Obtain billing information if required.

e) Make a reservation in person directly at our hotel or online at our app and/or website www.flamingocancun.com, according to your specifications and needs.

f) Obtain your credit card information, which will only be used as a guarantee of the reservation, issuing a charge only in case of not making the reservation effective.

g) To consult you about the quality of our service and to understand the specific needs of each guest, in order to provide a better service.

h) Comply with the internal policies and processes of Hotel Flamingo Cancun Resort, as well as with the mandatory and contractual legal provisions that have been entered into with you under the existing business relationship.

i) Provide attention to your requests for complaints or claims and / or comply with the requirements of competent authorities.

j) Protect the interests and rights of Hotel Flamingo Cancun Resort, in accordance with legal provisions.


In addition, we have the following purposes:


a) The creation of a personal profile in our app or on our website www.flamingocancun.com that allows you to obtain notifications in case of special offers, promotions, advertising information, register to 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 tailor the promotions and notices that are sent to you, as well as to contact the winner.
c) To obtain from you online surveys and satisfaction questionnaires and opinion of the service or the website.
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 related 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 advertisements sent according to the preferences indicated by yourself, by modifying the security options on our website www.flamingocancun.com, or by updating your personal data in your profile. Also, you can request not to receive advertising through the link that appears in each advertisement that you will 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 purposes that are not necessary, according to the procedure in section 5 of this privacy notice.


We also inform you that you may register in the Public Registry of Consumers provided for in the Federal Consumer Protection Law, and in the Public Registry of Users in accordance with the Law for the Protection and Defense of Financial Services Users, in order not to receive advertising. In case you decide to register in such registries, we will respect your decision.



Consent to the processing of your personal data.


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 are entitled to provide only the data you consider necessary for the purposes listed.


If you consent to the processing of the personal data listed for the purposes described above, 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, please 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 letter duly signed by you, accompanied by a copy of your valid official identification with photograph, by mail to the address of Hotel Flamingo Cancun Resort indicated in this privacy notice.



Transfers of personal data.


Hotel Flamingo Cancun Resort may transfer your personal data to third parties for the purposes set forth in this Privacy Notice. The foregoing includes:


a. Your personal data mentioned above may be communicated to the competent authorities, in accordance with the applicable legislation. These transfers may be national or international in nature.
b. Hotel Flamingo Cancun Resort may transfer all or part of the aforementioned personal data to support service providers of the website www.flamingocancun.com, such as GoogleAnalytics, in order to provide data such as your IP address, statistics service and analysis of information on the use of our website. These transfers may be national or international.
c. You can also send your personal data to marketing and advertising service providers for the hosting of information for sending emails and generating advertising.



ARCO Rights.


In accordance with the LFPDPPP, you have the rights of Access, Rectification, Cancellation and Opposition to Processing, also known as "ARCO Rights", which are briefly explained below:


- Access: Right to access the personal data that we keep about you, as well as to obtain information regarding the conditions under which your data is being processed
- Rectification: Right to rectify your personal data in case they are inaccurate or incomplete;
- Cancellation: Right to request that we cancel the personal data we have about you, when you consider that they are not being treated in accordance with the principles and duties established by the LFPDPPP and its Regulations.
- Opposition to the treatment: Right to oppose to the treatment of your personal data, when there is legitimate cause or so that your data are not treated 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 purposes of exercising your ARCO rights, to request or revoke your previously granted consent for the processing and in general, to raise any questions or complaints regarding the processing of your personal data or to find out if there are other options available (in addition to those set forth herein) for you to limit the use or disclosure of your data, please contact our Personal Data Department ("DDP").


Your requests for cancellation, revocation and opposition to the treatment will be evaluated in the terms established in the LFPDPPP and its origin or inappropriateness will be resolved taking into consideration the precepts of the LFPDPPP and other obligations that are applicable to Hotel Flamingo Cancun Resort (fiscal, commercial, consumer protection, public safety, health, etc.). In general, please consider that your requests may not be admissible in those cases where the processing is necessary for the fulfillment of a legal obligation imposed or acquired by Hotel Flamingo Cancun Resort.


In all those cases, a simple request should be sent as mentioned above. Our DDP will communicate to you (I) the information you will be asked to provide to identify yourself, as well as the documents you will need to submit with your request; (II) the deadlines by which you will receive a response to your request; (III) how you should submit your request, including the forms you may use to submit your request, if any, and; (IV) the mode or medium in which we will deliver the information to you.



Personal Data Department ("DDP").


Our DDP can be contacted through the following means:


Hotel Flamingo Cancun Resort, Operadora Mega S.A. de C.V.
Boulevard Kukulcan Km. 11 Hotel Zone
C.P.77500, Cancun, Quintana Roo
E-mail: protecdatos@flamingocancunresort.com.mx


In any case, please include your name and contact information.



Security of your Personal Data.


Hotel Flamingo Cancun Resort has adopted and maintains the necessary physical, organizational, administrative and technical information security measures to prevent the loss, misuse, alteration or illegal disclosure of information and to protect the personal data you provide us against damage, loss, alteration, destruction or unauthorized use, access or treatment. Third parties to whom we send your personal data will be subject to privacy policies similar to those set forth herein.


Hotel Flamingo Cancun Resort uses on its website www.flamingocancun.com the SSL security lock to protect the information you have provided us, in this sense, the acceptance that you make to our privacy notice will be considered as express authorization on your part for the transfer of such information.


You may go to the National Institute of 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 Cancun 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 in any of our channels.



Modifications to the Privacy Notice.


Hotel Flamingo Cancun Resort reserves the right to make changes 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, Internet page, or by e-mail. In case you do not agree with such modifications, you should send an email to the above mentioned email, 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 may disable them as set forth in our Privacy Notice."



Presentation.


The purpose of the Data Processing Policy is to comply with the Colombian legislation on personal data protection, that is, Article 15 of the Political Constitution, the Statutory Law 1581 of 2012 and its regulatory decrees and other rules that add, complement or modify it and to inform the owners of personal information, the purposes associated with the processing of their personal data that OPERADORADORA MEGA S. A DE C.V. (hereinafter and indistinctly HOTEL FLAMINGO CANCUN RESORT or "THE PERSON RESPONSIBLE FOR THE PROCESSING") as the party responsible for the processing of personal data, as well as the rights that they have as Data Subject, the person or area responsible for handling requests, queries and claims, and the service channels enabled by HOTEL FLAMINGO CANCUN RESORT to guarantee the exercise of the right to habeas data.


HOTEL FLAMINGO CANCUN RESORT, taking into account that in order to carry out its corporate purpose, it must collect and process personal information from its various stakeholders in various ways, is committed to: I) comply at all times with current regulations on the protection of personal data; II) guarantee the exercise of the habeas data rights of all holders of personal data contained in its databases and files; III) develop technical, legal and organizational controls and measures aimed at establishing security conditions in order to prevent access, loss, adulteration and fraudulent use of the data for which it holds the status of Data Controller.


By virtue of the above, within the legal and corporate duty of HOTEL FLAMINGO CANCUN RESORT to protect the right to privacy of individuals, holders of personal data, as well as the right to know, update or request information about them that is stored in our databases, HOTEL FLAMINGO CANCUN RESORT has adopted this Personal Data Processing Policy (hereinafter the "Policy"), whose purpose is to guarantee the right of habeas data of the owners whose personal information has been provided to us by virtue of a legal or contractual relationship or of any other nature, and to disclose the different forms of processing to which the personal information to which we have or have had access through different channels will be subjected, as well as through third parties involved in our commercial or legal relationship with all our SHAREHOLDERS, DIRECT BOARD MEMBERS, VACANCY CANDIDATES, INTERNSHIPS, TRAINEES, TRAINEES, PRACTITIONERS, SUPPLIERS OR CONTRACTORS, COMMERCIAL PROSPECTORS, CUSTOMERS AND INHERITORS.


HOTEL FLAMINGO CANCUN RESORT is committed to adopting security and quality standards so that the information provided by the owners is only used 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: it is a manifestation of will, informed, free and unequivocal, through which the holder of the personal data accepts that a third party uses his/her information.
• Consultations: the Data Controllers or their assignees may consult the personal information of the Data Controller contained in any database, whether in the public or private sector. The Data Controller or Data Processor shall 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 to an identified or identifiable natural person, related to his identity, as well as to his 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 are, among others, the data contained in public documents, gazettes and judicial bulletins, duly executed judicial sentences that are not subject to reserve and those related to the civil status of persons.
• Semi-private data: Semi-private data is data that is not of an intimate, reserved or public nature and whose knowledge or disclosure may be of interest not only to its owner but also to a certain sector or group of persons or to society in general, such as financial and credit data of commercial or service activity.
• Private Data: Data that, due to 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 privacy of the Data Controller or whose improper use may generate discrimination, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical convictions, membership in trade 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, sex life and biometric data.
• Data Processor: 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 information owner has to know, update, rectify or oppose to the information concerning his personal data.
• Data Processing Policy or Policy: refers to this document as the personal data processing policy applied by HOTEL FLAMINGO CANCUN RESORT in accordance with the guidelines of current legislation on the matter.
• Supplier: any natural or legal person that provides any service to HOTEL FLAMINGO CANCUN RESORT by virtue of a contractual or obligatory relationship.
• Claim: the Data Subject or his/her assignees who consider that the information contained in a database should be corrected, updated or deleted, or when they notice an 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: 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 operation or physical or automated procedures that allow to capture, record, reproduce, preserve, organize, modify, transmit personal data.
• Data Subject: the natural person whose personal data is processed by a third party, be it a client, supplier, employee, or any third party who, due to a legal or commercial relationship, provides personal data to HOTEL FLAMINGO CANCUN RESORT.
• Transmission: refers to the communication of personal data by the Controller to the Responsible Party, located within or outside the national territory, so that the Responsible Party, on behalf of the Controller, processes personal data.
• Processing: any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion.
• Visitors: Any natural or legal person who visits the offices of HOTEL FLAMINGO CANCUN RESORT located in Cancun.


For the understanding of the terms that are not included within the above list, you should refer to the legislation in force, especially Law 1581 of 2012 and Chapters 25 and 26 of Decree 1074 of 2015, giving the meaning used in said regulation to the terms whose definition is in doubt.



Principles applicable to the processing of personal data.


At HOTEL FLAMINGO CANCUN RESORT we are committed to complying with the principles that govern the processing of personal data of our stakeholders 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 reason HOTEL FLAMINGO CANCUN RESORT will comply with the provisions of Law 1581 and other provisions that develop it.
• Principle of Purpose. HOTEL FLAMINGO CANCUN RESORT will treat personal data in accordance with a legitimate purpose, which will be previously informed to the owner.
• Principle of Freedom. HOTEL FLAMINGO CANCUN RESORT will only process personal data when it has the prior, express and informed consent of the owner. The holder may, in any case, refuse the processing of his/her sensitive data.
• Principle of Veracity or Quality. The personal data processed by HOTEL FLAMINGO CANCUN RESORT must be truthful, complete, accurate, updated, verifiable and understandable.
• Principle of Transparency. HOTEL FLAMINGO CANCUN RESORT will guarantee the Holder of personal data, at any time and without restrictions, to obtain information about the existence of data concerning him/her.
• Principle of Access and Restricted Circulation. HOTEL FLAMINGO CANCUN RESORT, undertakes that the processing of personal data will be carried out by entities authorized by the owner 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 dissemination or mass communication, unless access is technically controllable to provide restricted knowledge only to the owners or authorized third parties.
• Security Principle. The information subject to processing by HOTEL FLAMINGO CANCUN RESORT will be handled with the necessary technical, human and administrative measures to ensure the security of the records, avoiding their adulteration, loss, consultation, unauthorized or fraudulent use or access.
• Principle of Confidentiality. HOTEL FLAMINGO CANCUN RESORT, is committed to the fact that the persons involved in the processing of personal data that are not of a public nature shall be obliged to guarantee the confidentiality of the information, even after their relationship with any of the tasks involved in the processing has ended, and may only provide or communicate personal data when it corresponds to the development of authorized activities.
• Principle of Accountability. That which is based on the approach of recognition and commitment of organizations in order to increase the standards of protection to ensure and guarantee people an adequate treatment of their personal data. This principle entails an obligation for HOTEL FLAMINGO CANCUN RESORT to be accountable for its personal data protection activities, to accept responsibility for them and to disclose the results in a transparent manner.



Duties of Hotel Flamingo Cancun Resort as responsible for the processing of personal data.


HOTEL FLAMINGO CANCUN RESORT as the Data Controller will comply with the following duties, without prejudice to other provisions set forth in the law and others that govern its business activity:

• Guarantee the Data Subject, at all times, the full and effective exercise of the right of habeas data.
• Request and keep, under the conditions provided by 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 he/she has by virtue of the authorization granted.
• Keep the information under the security conditions necessary to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent Access.
• Guarantee that the information provided to the Data Processor is truthful, complete, accurate, updated, verifiable and understandable.
• Update the information, communicating in a timely manner to the Data Processor, all developments with respect to the data previously provided and take other necessary measures to ensure that the information provided to it is kept up to date.
• Rectify the information when it is incorrect and communicate the pertinent to the Data Processor.
• Provide to the Data Processor, as the case may be, only data whose processing is previously authorized in accordance with the provisions of the law.
• Require the Data Processor at all times to respect the security and privacy conditions of the Data Subject's information.
• To process the queries and claims formulated in the terms set forth in this law.
• Adopt an internal manual of policies and procedures to ensure proper compliance with the law and, in particular, for the handling of queries and claims.
• Inform the Data Controller when certain information is under discussion by the Data Subject, once the claim has been filed and the respective process has not been completed.
• Inform at the request of the Data Subject about the use given to his/her data.
• Inform the data protection authority when there are violations to the security codes and there are risks in the administration of the information of the Data Subject.
• Comply with the instructions and requirements given by the Superintendence of Industry and Commerce.



Purposes of treatment.


HOTEL FLAMINGO CANCUN RESORT recognizes that the Holder of the personal data has the right to have a reasonable expectation of privacy, in consideration of, in any case, the responsibilities, rights and obligations with HOTEL FLAMINGO CANCUN RESORT. By virtue of the relationship established between you and HOTEL FLAMINGO CANCUN RESORT, we inform you that your personal data will be treated with total confidentiality and that the collection, use, circulation, transmission, transfer and, in general, any form of processing of the same, 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 set forth in this Policy, HOTEL FLAMINGO CANCUN RESORT will obtain the following personal data from you: first and last name, date of birth, gender, address, telephone numbers, email address, social network address, list of likes and interests in your social networks, age range, NIT, marital status, occupation, nationality or citizenship, license plate number of your car; Facebook and Instagram address; 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 details; your credit or debit card data and payment method, billing data; information about your interests, preferences, opinions and hobbies; demographic data, including geolocation data of your device every time you make use of HOTEL FLAMINGO CANCUN RESORT's wifi network, your IP address and browser type when obtained by electronic means, data of 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 CANCUN RESORT does not obtain personal data that is considered sensitive personal data. We may obtain data from your credit card for the purpose of reservations and collection in case you do not make the reservation valid.


HOTEL FLAMINGO CANCUN RESORT obtains or may obtain personal data from you through the following means:


- Personally 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 front desk. 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 via telephone or through electronic means on our Web Site www.flamingocancun.com , with the following purposes: identify yourself, create your personalized user account or enter it in our portal, fill out the reservation form, check in or check out of your reservation, if applicable, and stay in any of our hotels, interact in our social networks or through cookies or web beacons, or through email. Likewise, when you make use of the Wi-Fi networks of HOTEL FLAMINGO CANCUN RESORT hotels, 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 any of our suppliers, such as travel agencies or third parties that provide us with databases, which support us during the reservation and marketing processes.



General purposes.


The purposes described below will be applicable to all owners 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 CANCUN RESORT.
b. Establish and manage the pre-contractual and contractual commercial, labor, civil and any other type of relationship arising from the fulfillment of a legal or contractual obligation in charge of HOTEL FLAMINGO CANCUN RESORT.
c. Respond to requests, queries, claims and/or complaints made by the holders of personal information through any of the channels provided by HOTEL FLAMINGO CANCUN RESORT for this purpose.
d. Transfer or transmit your personal data to judicial and/or administrative entities and/or authorities, when required in relation to their purpose and necessary for the fulfillment of their legal or contractual functions.



Guests.


To collect the personal data of the guests in accordance with the purposes listed below::


• To have record of the guests to identify them as customers or users and provide them with the best possible service and attention, being able to make the record of the time of use of online session.
• To prove the identity of the guest and verify the veracity of the information provided, being able to cancel your user account in case of finding anomalies or falsehood in the data provided.
• 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 promotions, benefits, or discounts, update our systems or databases, or in cases of emergency.
• Carry out transactions, make reports to the different national and international control and surveillance administrative authorities, police or judicial authorities, banking entities and/or insurance companies.
• Obtain invoicing data in case it is required.
• Make a reservation directly in person at our hotels or online in our app and/or web page www.flamingocancun.com , according to your specifications and needs.
• Obtain your credit card information, which will only be used as a guarantee of the reservation, issuing a charge only in case of not making the reservation. With a debit card you will only be able to pay the total amount of your stay.
• To consult you about the quality of our service and to understand the specific needs of each guest, in order to provide a better service.
• Comply with all legal provisions that are mandatory for HOTEL FLAMINGO CANCUN RESORT, within the framework of the commercial relationship with its guests.
• Comply with the contractual obligations it has entered into with its guests by virtue of the existing contractual relationship.
• Provide attention to their requests for complaints or claims and/or comply with the requirements of the competent authorities.
• Protect the interests and rights of HOTEL FLAMINGO CANCUN RESORT, in accordance with legal provisions.
• Promote and advertise our activities, products and services.


Guest´s personal data will also be processed for:


• Internal administrative and/or commercial purposes such as, market research, audits, accounting reports, statistical analysis, billing, and offering and/or recognition of benefits specific to our loyalty programs.
• Create a personal profile on our website www.flamingocancun.com that allows you to get notifications in case of special offers, register to our loyalty programs, send electronic postcards, among other additional services.
• Enter you in contests, raffles and sweepstakes, including digital ones, which allows us to tailor the promotions and notices that are sent to you, as well as contact the winner.
• Conduct online surveys and questionnaires of satisfaction and opinion of the service or the website.
• Send personalized advertising and for marketing, statistical and commercial prospecting purposes.



Commercial prospects.


HOTEL FLAMINGO CANCUN 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:


• Register you as a commercial prospect.
• Evaluate you as a potential client of HOTEL FLAMINGO CANCUN RESORT.
• Collect, register and update your personal data in order to inform, communicate, organize, control, attend, and accredit the activities related to your condition as a commercial prospect.
• Respond to requests or requests for information about our services.
• Send to the physical mail, email, cell phone or mobile device, via text messages (SMS and/or MMS) or Facebook Messenger or through any other analog and/or digital means of communication created or to be created, commercial, advertising or promotional information about products and/or services, events and/or promotions of a commercial nature, in order to promote, invite, direct, execute, inform and, in general, carry out campaigns, promotions or contests of a commercial or advertising nature, advanced directly by HOTEL FLAMINGO CANCUN RESORT and/or by third parties.
• Perform statistical analysis of trends, consumption habits and consumer behavior. We warn that these purposes may involve third party suppliers (such as suppliers of reservation systems, travel agencies, call centers, banks, insurance companies, etc.).



Special requirements for the processing of sensitive data.


HOTEL FLAMINGO CANCUN RESORT, in its capacity as Data Controller, will identify the sensitive data that it may eventually collect or process in order to comply with the following objectives:


• Implement special attention and reinforce its responsibility for the processing of this type of data, which translates into a greater requirement in terms of compliance with the principles and duties established by current regulations on data protection.
• Establish the technical, legal and administrative security levels to treat this information appropriately.
• Increase restrictions on access and use by HOTEL FLAMINGO CANCUN RESORT personnel in its capacity as employer and third party contractors or suppliers.



Personal data of children and teenagers.


The processing of personal data of children and adolescents by HOTEL FLAMINGO CANCUN RESORT will be carried out always respecting the following requirements:


• Respond to and respect the best interests of children and adolescents.
• Ensure that the person in charge respects their fundamental rights.
• Guarantee that the minor's legal representative grants authorization, after the minor has exercised his or her right to be heard, an opinion that, as far as possible, must be assessed taking into account the following factors:
o Maturity
o Autonomy
o Ability to understand the purpose of such treatment
o Explain the consequences of the treatment.


IMPORTANT: The assessment of the above characteristics will not be carried out by HOTEL FLAMINGO CANCUN RESORT in general. Any person in charge, person in charge 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 service purchased; iv) in order to provide our products or services to you; v) is necessary to enable third parties who provide marketing services on our behalf or to other entities with whom we have joint marketing agreements; vi) is in connection with a merger, consolidation, acquisition, divestiture or other restructuring process; vii) is required to wind up administrative operations; or viii) is required or permitted by law.


In order to implement the purposes described above, your personal data may be disclosed for the purposes stated in this Policy to human resources personnel, managers, consultants, advisors and other persons and offices as appropriate.


HOTEL FLAMINGO CANCUN RESORT may subcontract with third parties for the processing of certain functions or information. When we do subcontract the processing of your personal information to third parties or provide your personal information to third party service providers, we warn such third parties about the need to protect such personal information with appropriate security measures, prohibit them from using your personal information for their own purposes, and prevent them from disclosing your personal information to others.


However, when HOTEL FLAMINGO CANCUN RESORT performs a Transmission of Personal Information to third party Processors located in Mexico or abroad, it must accredit (i) a prior, express and informed authorization by the Data Subject, or (ii) a Personal Information transmission contract containing the requirements contemplated in article 2.2.2.2.25.5.2 of Decree 1074 of 2015.


Likewise, HOTEL FLAMINGO CANCUN RESORT may transfer or transmit (as applicable) 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 persons. Under this understanding, your data may be transmitted or transferred, as appropriate, for the completion of administrative operations in favor of and under the instructions of HOTEL FLAMINGO CANCUN RESORT or in favor of the global operation of OPERADORA MEGA SA DE CV.



Temporary limitations to the processing of personal data.


HOTEL FLAMINGO CANCUN RESORT may only collect, store, use or circulate personal data for the time that is reasonable and necessary, in accordance with the purposes that justified the processing, taking into account the provisions applicable to the matter in question and the administrative, accounting, fiscal, legal and historical aspects of the information. Once the purpose or purposes of the processing have been fulfilled and, notwithstanding legal provisions to the contrary, it shall proceed to the deletion of the personal data in its possession or filed in secure terms so that they may only be disclosed when required to do so by law. However, personal data must be retained when required for compliance with 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 legally or contractually HOTEL FLAMINGO CANCUN RESORT must keep such information, by sending a written communication and/or request through the contact channels provided in this Policy for the exercise of the right of habeas data, providing a copy of your identification document or any other document that, in the opinion of HOTEL FLAMINGO CANCUN RESORT, allows for proof of your identity.



Processing of personal data on behalf of a third party.


HOTEL FLAMINGO CANCUN RESORT may act in certain events as Data Processor of the data provided or transmitted by some of its stakeholders who have contracted HOTEL FLAMINGO CANCUN RESORT, and by virtue of this contractual relationship, it undertakes to comply with the following duties:


• Establish that the Data Controller is authorized to provide the personal data that it will process as Processor.
• Guarantee to the Data Subject, at all times, the full and effective exercise of the right of habeas data.
• Keep the information under the necessary security conditions to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access.
• Update, rectify or delete data in a timely manner.
• Update the information reported by the data controllers within five (5) working days from its receipt.
• To process the queries and claims made by the owners in the terms set forth in this policy.
• Register in the database the legend "claim in process" in the manner established in this policy.
• Insert in the database the legend "information under judicial discussion" once notified by the competent authority about judicial processes related to the quality of the personal data.
• Refrain from circulating information that is being disputed by the owner and whose blocking has been ordered by the Superintendence of Industry and Commerce.
• Allow access to the information only to persons authorized by the owner or empowered by law for such purpose.
• Inform the Superintendence of Industry and Commerce when there are violations to the security codes and there are risks in the administration of the holder's information.
• Comply with the instructions and requirements given by the Superintendence of Industry and Commerce.



Security, integrity and confidentiality.


HOTEL FLAMINGO CANCUN RESORT has incorporated in its different systems the appropriate security standards in order to protect the personal data of all holders against possible accidental loss and unauthorized access, processing or modifications, in accordance with the state of technology, the type and nature of the data in our databases and the risks to which they are exposed.


The personal data obtained by HOTEL FLAMINGO CANCUN RESORT through any format, contract, physical or electronic communication, will be treated with total reserve and confidentiality, committing to keep it secret and guaranteeing the duty to store it by adopting the necessary measures to avoid its alteration, loss and unauthorized treatment or access, in accordance with the provisions of the applicable legislation.



Rights of personal data Owners.


The owners of personal information may exercise their right of habeas data against HOTEL FLAMINGO CANCUN RESORT in order to:


• Know and access your personal data that have been subject to processing.
• Update your personal data that have been the subject of processing.
• Rectify the personal data that have been subject to processing.
• Cancel the authorization for the processing of your personal data, when the principles established in Law 1581 of 2012 have not been respected in the processing of your personal data.
• Request proof of the authorization granted for the processing of their personal data.


These rights may be exercised directly by the Data Subject, his or her attorney-in-fact or successor in title, as the case may be.


If you wish to exercise your right of habeas data through a legal representative, you must submit a general or special power of attorney duly authenticated.


The following is a description of the content and details of each of the rights that you, as a Data Subject, may exercise:


• Right of access. Every natural person shall have the right to know if their personal data has been subject to any form of processing by HOTEL FLAMINGO CANCUN RESORT under the terms expressed in the regulation, in addition to exercising the right to know the origin of their data and whether or not they have been transmitted or transferred to third parties and, therefore, the identification of those third parties.
• Right to update. Any natural person shall have the right to update the information kept by HOTEL FLAMINGO CANCUN RESORT as personal data under the terms expressed in the regulation.
• Right to rectification. Every natural person has the right to check the accuracy and truthfulness of the information and request rectification of the personal data collected when it is inaccurate, incomplete or misleading. The owners of the information must indicate the data they are requesting to correct and also accompany the documentation that justifies the request.
• Request for deletion or cancellation of data. The holder of the personal information must indicate the data to be cancelled or rectified, providing, if applicable, the documentation or evidence that justifies it. The cancellation will result in the blocking of your data, retaining them by the responsible, with the sole purpose of making them accessible to administrative or judicial authorities, always obeying the statute of limitations that exists on them. Once this period has expired, the responsible party must proceed to the definitive cancellation of the personal information of the interested or affected party, which is stored in our databases or files.