I.- Introduction.
This Privacy Policy (“Policy”) applies to SMB Members, Hotel Playa del Beso S.A. de C.V., the operator of Santa Martha Bungalows, and unless stated otherwise, its parent, sister, subsidiary companies and other affiliates (hereinafter collectively "Santa Martha Bungalows," "we," "us," or "our"), located at Av. Coral 34 Esq. Careyes Col. Fracc. Sol Nuevo C.P. 63724, Los Ayala Municipio de Compostela, Nayarit.
We recognize that privacy is important to our guests and have developed this Policy to explain our practices regarding the personal information we collect from or about you when you buy any product or service from us when you visit our hotel when you use this website or any of our other mobile or social media applications when you communicate with us verbally or in writing or through any other sources. The term “you” or “yours” when used in this Policy and whenever applicable shall also include any individuals in your immediate family (e.g. spouse or children) or travel party, e.g. other relatives or friends.
While this Policy broadly describes the practices we have adopted throughout Santa Martha Bungalows, local laws may vary, and some jurisdictions may place additional restrictions on our information-gathering or processing activities. Therefore, our practices in such jurisdictions may be more limited than those described herein to enable us to comply with local requirements.
By purchasing or using any of our products or services, visiting our hotel, accessing this website or any of our other mobile or social media applications, or communicating with us in writing or verbally, you agree to the collection, use, and sharing of personal information by us as described in this Policy.
II. Personal Information Collected by Us.
As we interact with you, we may collect personal information, i.e. information that identifies you or relates to you as an identifiable person (“Personal Information”). This Personal Information may include the following:
· Contact information includes your name, home address, telephone number (home, office, and mobile phone), and email address.
· Individual information includes age, nationality, occupation, marital status, annual income, driver’s license and passport information, social security or similar national identification number, travel history, family composition, and other personal characteristics.
· Payment information includes your credit or debit card numbers, bank account numbers, and other billing or account information.
· Information related to your reservation, check-in stay, or visit to our hotel, including your room preferences, special needs or conditions that may impact your stay, frequency of travel, use of services such as concierge services, and other vacation history information.
· Information related to your purchase and receipt of products or services from us or your membership in Santa Martha Bungalows.
· Information provided on any account application or document related thereto.
· Information obtained from your participation in a survey, contest, sweepstakes, or marketing program.
· Information obtained from your reviews of our hotel.
· Information regarding your internet clicks activity on our websites, mobile, and social media applications, as well as your IP address or device id and other related information.
· Information obtained from any airline, rental car, or activities packages booked through us or other third parties.
· Other types of information that you choose to provide to us.
We may also collect information about you from third parties. We may append this information to the information we have on file for you and share it with others consistent with this Policy.
III.- Where and How Do We Collect Your Personal Information.
We collect the Personal Information listed above as follows when you:
· Purchase a product or service from us.
· Make a reservation with us.
· Check-in and stay at our hotel.
· Use any of our services or products.
· Pay for a product or service purchased from us.
· Contact us with a question or request.
· Participate in a sweepstake, promotional activity, or other marketing program.
· Participate in an online survey conducted directly or indirectly by us.
· Connect with or post to one of our social media pages.
· Use our website.
· Tour our hotel.
IV.- Use of Your Personal Information.
In general, we may use your Personal Information in the following ways:
· To perform our obligations under any oral or written contractual relationship, we may have entered into with you.
· To provide you with any products or services you may have purchased or requested from us or that we are contractually bound to provide to you.
· To respond to your inquiries and fulfill any request you may make of us.
· To process your registration or reservation and to otherwise manage your account.
· To provide you with information regarding your reservation and stay at our hotel.
· To fulfill other purposes disclosed to you when you provide us with Personal Information or otherwise where we are legally permitted to do so.
· To allow you to electronically interact with us to administer your account yourself, e.g. make reservations or payments online.
· To personalize content and provide you with offers or promotions that we believe may be of specific interest to you for our own products or services or on behalf of affiliated third parties.
· To provide you with newsletters or other communications that may interest you.
· To administer our websites, mobile or social applications.
· To improve and/or enhance our services or products for you.
· To allow you to participate in sweepstakes, contests, or similar promotions and to administer these activities properly.
· To comply with any laws, rules, or regulations and our specific obligations thereunder.
· To respond to any request from any governmental authorities.
· To monitor, investigate and respond to security concerns.
· To audit our business operations, perform security reviews, and meet other legal obligations.
· To conduct commercial transactions such as mergers, acquisitions, asset sales or transfers, bankruptcy or reorganizations, or other similar transactions.
· To protect or defend our rights and interests and those of third parties, including, without limitations, to respond to or otherwise defend against legal claims or disputes.
· To facilitate collections of any amounts due from you while staying at one of our resorts or thereafter.To improve and/or enhance our services or products for you.
V.- Disclosure of Personal Information.
To perform our obligations to you and to provide you with the best level of service, we may share your Personal Information with any entities or individuals as set forth below:
· Our Affiliates: Any entity that is, when you disclose your Personal Information to Santa Martha Bungalows, directly or indirectly controlled by or under common control with us.
· Our Business Partners: Any entity with which we have entered into a contractual relationship or otherwise partnered with to provide you with products, services, or offers based upon your experiences at our resorts. For example, we may share your Personal Information with third parties located on-site at our hotel, such as concierge and leisure activities providers.
· Vendors and Service Providers: Any vendors and service providers we retain in connection with our business such as exchange network companies, travel services companies, financial services companies, timeshare sales companies, property owners' associations, vacation insurance companies, website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, tax and financial advisers, legal advisers, accountants or auditing services.
· Potential Acquirors: We may disclose your information to a third party who may wish to acquire any part of SMB, whether such acquisition is by way of merger, consolidation, or purchase of all or a substantial portion of the assets, stock or interests of SMB or any of its affiliates.
· Other: We may disclose your Personal Information (i) to law enforcement authorities, government or public agencies or officials, regulators, and/or to any other person or entity having appropriate legal authority or justification for receipt of your Personal Information if required or permitted to do so by law or legal process, (ii) to respond to claims, or (iii) to protect our rights, interests, privacy, property or safety, and/or that of our affiliates, you or other third parties, (iv) to protect the rights, privacy, safety or property of SMB, hotel visitors, guests, employees or the public, (v) to permit us to pursue available remedies or limit the damages that we may sustain, (vi) to enforce our website's terms and conditions, and (vii) to respond to an emergency.
VI.- Protecting Your Personal InformationDerechos Relativos a su Información Personal.-
Santa Martha Bungalows will take reasonable measures to: (i) protect Personal Information from unauthorized access, disclosure, alteration, or loss or destruction, and (ii) keep Personal Information accurate and up-to-date as appropriate. We have implemented appropriate physical, electronic, and managerial procedures to help safeguard and secure your Personal Information from such before-mentioned events. Unfortunately, no security system is 100% secure; thus, we cannot ensure the security of all Personal Information you provide to us.
We also seek to require our affiliates, business partners, vendors, and service providers with whom we share Personal Information to exercise reasonable efforts to maintain the confidentiality of your Personal Information. For online transactions, we use reasonable technology to protect the personal information you transmit via our site. Unfortunately, however, no security system or system for transmitting data over the Internet can be guaranteed to be entirely secure.
VII.- Your Personal Information Choices and Rights
Following are certain choices and rights you may have regarding your Personal Information:
· Accessing Personal Information: In accordance with applicable law, you may access your Personal Information. Any request to access or obtain copies of your Personal Information must be made in writing by contacting us as outlined in Section 10 - How to Contact Us below. If permitted by applicable law, we may charge a nominal fee to cover some of our administrative costs in connection with your request. Please note that we will ask you to verify your identity and to provide further details relating to your request.
· Correcting your Personal Information: We will take reasonable steps to ensure the accuracy of the Personal Information we retain about you. It is your responsibility to ensure you submit true, accurate, and complete information to us and timely update us if this information changes. You may request that any inaccurate or incomplete Personal Information held by us or on our behalf is corrected by contacting us as outlined in Section 10 - How to Contact Us below.
· Deletion of Personal Information: Under certain circumstances, you may request we delete Personal Information we hold about you by contacting us as outlined in Section 10 - How to Contact Us below. We will review your request and determine, under applicable law, whether we must delete this information. Please note that if we comply with your request, we may not be able to provide you with the same quality and variety of services to which you are accustomed.
· Withdrawing Consent: As permitted by applicable law, you may withdraw any consent you have provided to us to process your Personal Information at any time. Please note that if we comply with your request, we may not be able to provide you with the same quality and variety of services to which you are accustomed.
· Objecting to Processing: If you would like us to stop processing your Personal Information, you can make such a request by contacting us as outlined in Section 10 - How to Contact Us below. We will review your request and determine, under applicable law, whether we have any justification to continue the processing of your Personal Information. Please note that if we comply with your request, we may not be able to provide you with the same quality and variety of services to which you are accustomed.
· Marketing Preferences: You can opt-out from receiving future marketing communications from us at any time by using the unsubscribe function in the email you receive from us or by contacting us as outlined in Section 10 - How to Contact Us below.
Any request by you concerning the above should contain your (i) name and address/e-mail address or other means by which we can respond to you, (ii) documentation or other proof that you are indeed the individual making such request, (iii) a clear and precise description of the Personal Information you wish to access, correct, delete, or withdraw or object your consent to use and (iv) any other information or document that may assist us in locating the Personal Information referenced in your written request. We will endeavor to respond to any request made by you in a timely fashion but no later than as required under any applicable law.
VIII.- Nevada Privacy Rights
Notice to Nevada Residents: If you are a resident of Nevada, under certain circumstances, Nevada Civil Code Section NRS 603A.340 allows you to request operators of websites not to sell your Personal Information. To make such a request, please email contactcenter@santamarthabungalows.com or send a letter to:
Santa Martha Bungalows Av. Coral 34 Esq. Careyes Col. Fracc. Sol Nuevo C.P. 63724, Los Ayala Municipio de Compostela, Nayarit
IX.- California Consumer Privacy Act Notice
Special Notification for California Residents only.
The California Consumer Privacy Act (“CCPA”) provides California residents with certain rights regarding their Personal Information. For purposes of the CCPA and this Section 9, the term “Personal Information” is defined as any information that identifies relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. This Section 8 is intended to satisfy the requirements of the CCPA. The rights of the CCPA are in addition to any other rights applicable to you in this Privacy Notice.
Please note that some Personal Information is not subject to the CCPA, such as consumer credit reports and background checks, publicly available data lawfully made available from state or federal government records, and any other Personal Information exempt from the CCPA. Additionally, this Section 9 does not apply to our employees.
Personal Information Collected
Generally, we may collect the following categories of Personal Information for the following purposes:
1.- Identifiers: Identifiers such as your name, address, email address, account name, social security number, driver’s license number, passport number, account number, and other similar identifiers.Purpose: To establish a business record of you, to verify your identity, set up your membership or accounts, to communicate to you about your purchases, transactions, contracts, our business relationship with you, to facilitate communications to you regarding products/services that may be of interest to you, to comply with legal requirements and for other similar reasons.
2.- Commercial Information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Purpose: To process and/or administer your contracts, your reservations, and your loans; to personalize your services/products, respond to your inquiries, and facilitate communications with you; to manage our ongoing business relationship with you; to maintain a record of your preferences to better serve you and for other similar reasons.
3.- Protected Classifications: Characteristics of protected classifications under California or federal law include race, color, sex, age, religion, national origin, disability, citizenship status, and genetic information. Purpose: To collect information where needed for legal or financial documents, for a reservation, to address you with the proper salutation, and for other similar reasons.
4.- Biometric Information - physiological, biological, or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including, without limitation, fingerprint or facial recognition and for other similar reasons. Purpose: To collect biometric information for you to access portions of a resort or room therein or to assist in a law enforcement investigation.
5.- Internet Activity - internet or other network information, including, without limitation, browsing history, search history, and information regarding a California resident’s interaction with an Internet website, application, or advertisement, as well as physical and network access logs and other network activity information related to your use of any network or other information resource. Purpose: To improve our website functionality, to personalize your experience, to determine what your interests are to facilitate targeted communications of products and services to you, to judge the effectiveness of our online communications with you, and for other similar reasons.
6.- Geolocation Data - precise geographic location information about a particular individual or device. Purpose: To collect your physical address or the location associated with the device used for your internet activity to create a demographic analysis of visits to our site and promote interests in our products, to better market to and understand our customers, and for other similar reasons.
7.- Audio/Visual Data - audio, electronic, visual, or similar information such as, CCTV images, photographs, and audio recordings (e.g., recorded meetings). Purpose: To collect information for quality assurance of product/service presentations or communications, when you pose for videos/photos or provide audios at our resorts or to us in any manner to improve our products and services when you participate in activities or excursions or attend other events as part of service delivery and for other similar reasons.
8.- Employment History - professional or employment-related information. Purpose: To collect details of your employment history, such as job title and length of time at your employment for contractual or financial reasons, or as part of a larger analysis of you and what products/services would be well suited for you and other similar reasons.
9.- Education Information - information about education history or background that is not publicly available. Purpose: To collect information to match your potential interest and likelihood of purchasing certain products/services for other similar reasons.
10.- Profiles and Inferences - inferences are drawn from any of the information identified above to create a profile about a California resident reflecting such resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, aptitudes, and for other similar reasons. Purpose: To collect information to infer what products or services may interest you, your predicted attachment to your purchased products or services, your likelihood of purchasing other products or services, your likelihood of complying with contract and loan terms, and other similar reasons.
Where and How Do We Obtain Your Personal Information?
We obtain your Personal Information as set forth above in Section 3 of this Policy entitled “Where and How Do We Obtain Your Personal Information.”
Use of Your Personal Information
We use your Personal Information as set forth above in Section 4 of this Policy entitled “Use of Your Personal Information.”
To Whom We Disclose Your Personal Information
We disclose your Personal Information as set forth above in Section 5 of this Policy entitled “Disclosure of Personal Information.”
Sale of Personal Information
We do not sell your Personal Information to third parties for consideration or compensation. Notwithstanding the foregoing, however, if you nevertheless wish to inform us not to sell your Personal Information now or in the future, please contact us by email to our Privacy Administrator at contactcenter@santamarthabungalows.com or by regular mail to Santa Martha Bungalows, Attn: Member Services – Privacy Administrator, Av. Coral 34 Esq. Careyes Col. Fracc. Sol Nuevo C.P. 63724, Los Ayala Municipio de Compostela, Nayarit.
Your Rights under California Law
Right to Know
You have a right to request the following information from us as set forth below up to two times in a 12-month period. Once we receive and confirm your verifiable request, we will disclose to you:
· The categories of Personal Information we have collected about you.
· The categories of sources from which we collected the Personal Information.
· Our business or commercial purpose for collecting the Personal Information.To improve and/or enhance our services or products for you.
· The categories of third parties with whom we share the Personal Information.
· The specific pieces of Personal Information we have collected about you.The categories of sources from which we collected the Personal Information.
Right to Delete
You have a right to instruct us to delete certain Personal Information we have collected about you. Once we receive your request, we will assess it and determine what Personal Information we must delete under the CCPA. If we retain any Personal Information, we will notify you of what we have retained and why. For Personal Information we delete, we will notify you of the deletion method.
Nondiscrimination
We will not discriminate against you, including, without limitation, denying you any good or services, charging you different prices or rates for goods or services, or providing you with a different level of goods or services for exercising any of your rights under the CCPA. If you feel you have been treated unfairly for exercising any of your rights under the CCPA, please contact us immediately as set forth in Section 10 below, entitled “How to Contact Us?”
Verification
When you contact us to exercise any of your rights under the CCPA, we will require certain information from you to verify your identity. Generally, we will request information from you that we have previously collected about you to verify your request. For example, we may ask your name, address, email address, account number, if applicable, and phone number. We reserve the right to request additional information and/or to contact you directly if in our discretion, we determine we need additional information to verify your identity.
Additionally, you may have an agent exercise your rights on your behalf. In order to process any request from your agent, we will ask your agent to provide us with a Power of Attorney in compliance with California Probate Code Sections 4000-4464. If your agent does not provide such Power of Attorney, we will ask you to provide written permission to us for your agent to exercise your rights on your behalf. In addition to your written permission, we may contact you and/or your agent to further verify such request.
Response to your Request
We will endeavor to respond to a verifiable request within forty-five (45) days of its receipt. If we require more time to respond, we will inform you of the reason and extension period in writing. We will not exceed ninety (90) days in responding to your request. If you have an account with us, we will deliver our written response to the registered email associated with the account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any information we provide will only cover the 12-month period preceding the verifiable request’s receipt. Our response will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable request.
X.- How to Contact Us
If you have any questions, complaints, or privacy concerns after reviewing this Privacy Notice, or would like to make any requests in relation to your Personal Information, please send an email to contactcenter@santamarthabungalows.com or a letter to:
Santa Martha Bungalows, Attn: Privacy Administrator Av. Coral 34 Esq. Careyes Col. Fracc. Sol Nuevo C.P. 63724, Los Ayala Municipio de Compostela, Nayarit.
XI.- Amendments to Privacy PolicyInstituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales (INAI).
Santa Martha Bungalows may amend or revise this Policy occasionally. Any amendments or revisions to this Privacy Notice will be set forth at Santa Martha’s website at https://santamarthabungalows.com/, or we may also inform you through other communication channels. Any changes to our Policy will become effective upon posting of the revised Policy on the before-referenced website. Continued use of such website or any of our other mobile or social media applications or any of our products, services, or hotel, continuing to communicate with us in writing or verbally or otherwise providing consent to the updated Policy following such changes, constitutes your acceptance of the revised Policy. Therefore, You should visit Santa Martha's website frequently to check for future updates.
This Policy was updated last on June 29, 2023.
