RCD HOTELS PRIVACY NOTICE

Effective as of May 3rd, 2018.

RCD Hotels, along with its subsidiaries and its hotels (collectively “we” “us or “ours”) understands that its guests, clients, users, visitors (“the guests and clients”) place their trust in us, and we commit to protecting their personal information, gathered through the websites we operate (“websites”), applications (“apps”), that we offer or via mobile devices or computers (“apps”), via wireless connectivity and wi-fi that may be offered in our properties (“Wi-fi connection”) and through social media platforms that we control (“social media channels”, collectively with websites, wi-fi access and applications, “the services”) bound by this privacy notice. This privacy policy describes our global practices regarding gathering, use and exchange of information about identified or identifiable people through the services (“personal information”).
By using the services, you indicate that you recognize and understand the policies and practices included in this privacy statement.

This privacy policy covers the following subjects:

  • Gathered information
  • Use of gathered information
  • Exchange of gathered information
  • Cookies and tracking technologies
  • Keeping of gathered information
  • Security of gathered information
  • Your rights in regards to personal information
  • Links to third party sites and services
  • Minors
  • Email and marketing communications Opt-Out
  • International Use
  • Changes to our privacy statement
  • Contact Us

GATHERED INFORMATION

We gather a variety of personal data about you through the services. Some information of personal nature is gathered automatically while using or browsing through the services, while other information is gathered through data you share with us directly.

As a result, you have options in regards to the data we gather. When asked to provide information you may desist; but if you choose not to provide data that is necessary to provide a service or function, you will not be able to use that service or characteristic. For example, you can create an RCD Hotels account when you book a room through our services, which generates a simpler reservation process but requires presenting additional information. You may also send social media content through our services, in which case we gather certain information associated to that social media account such as name, shared content and any comment or interaction with the shared content.

RCD Hotels gathers the following types of personal data through the services:

Automatically gathered information. When you download or use an application or browse a website, we gather information about your device and the network you use to access the services, as well as information regarding the use of the services. This includes software and hardware attributes of the device you used, unique device information (such as international mobile equipment identity number (IME) for smartphones), regional and language configurations, network service provider and IP address, as well as service performance data, dates and times in which you use the service, the amount of time spent in specific pages or channels and other information of similar use.

Location information. We may also gather information relative to location depending on the services you use or the authorizations provided. “Precise” location information might derive from your device’s GPS and positioning systems, as well as nearby wi-fi networks and cellular towers. The imprecise location information might include your IP address or other data that might be identified as located in a specific region, city or postal code.

You may manage the ability of tracking services if your location, which allows you to accept or deny access to a specific service in your device or mobile configuration.

Other information that your provide us. We gather your personal data when you provide it for specific ends such as providing you information or services that you request (including reservations), to execute a transaction or reservation, to respond to a query, when you send content to social media or interact with a social media channel, when you respond to a client survey or when you apply for a possible job opening with us. Depending on the services used or the products or information requested, your gathered information may include your name, telephone number, email address, account information, address, billing information, region, travel plans, history of the order or service, stay preferences for hotel guests, use of hotel services, information you supply about the children who accompany you, social media account information (such as account or management, follower number, social media profile), numbers of loyalty or rewards program or (if you’re applying for a position with us) employment related information as well as any additional information you wish to access in text fields, “contact us” formats, electronic mail subscriptions, proposal request forms, or that you provide to our customer service representatives.

Third party information. We also gather or receive third party personal information. For example, if you book a room through a cannel administrator, travel agency, booking service or event and conference promoter, we gather certain information from that third party as its necessary to execute and authenticate the reservation. If you interact with a social media channel or send social media content to us, we receive certain data from the applicable social media platform.

Depending on the type of information and the context on which it is utilized, the previous information might be associated with data that we gather directly, have obtained from other sources or have kept previously within an assigned user account.

Finally, we may gather information that is not personal. We may use and distribute such information at our discretion, unless it is combined with personal data, in which case we will treat such information as personal data subject to this privacy policy.

USE OF GATHERED INFORMATION

We use the personal information gathered through the services for the following main purposes:

Providing services. We use personal information to provide products, services and information to our guests and clients, including for room reservation purposes, providing food and beverages and providing other amenities and services.

Customer service and support. We use personal information we gather for customer service and support, as well as to offer and personalize communications with our guests and customers. This includes communication with you regarding products, services and discounts; answering questions and inquiries; responding to complaints and requests; and providing customer care.

Commercial operations. We use personal information we gather to operate our businesses. This includes commercializing; monitoring use of products, services and systems; analysis and storage of client preferences, and traffic patterns; operating our hotels and serving our guests and clients; and improving the services, offers and products.

Marketing and communications. We use personal information to deliver and personalize communications with our guests and clients, including the supply of recommendations, special offers, information about benefits, information about our hotels, restaurants, bars and other facilities, information about events and on site activations at our properties and outside the site and other marketing communications. To obtain information about how to administer email and promotional or marketing communication subscriptions, and this policy’s email, opt-out and marketing communications.

Protection, security and conflict resolution. We use personal data to protect ourselves and our employees, guests and clients, as well as suppliers and service providers (“Providers”), and others. This includes verifying user activity; enforcing the terms of use and monitoring our suppliers and our provider’s suppliers and preventing fraudulent, abusive or illegal activities. Furthermore, we use and divulge personal information in the measure we consider necessary to abide by the laws, rulings, rules and petitions applicable by law enforcement and/or other government agencies.

Employment or other commitment. If you are applying for a position, we use personal information to process and evaluate your application and if you are committed in relation to your commitment.

When your information is gathered, the description of how we will use the personal data will be available for you at the moment of gathering through this privacy statement.

EXCHANGE OF GATHERED INFORMATION

Some of the previously mentioned uses imply sharing the personal information gathered with third parties. We share personal information with your consent, as its necessary to complete any transaction or as its necessary to provide any service that you have requested or authorized, or in accordance to what’s allowed or required by law. We share personal information for a wide variety of purposes, including providing our services such as reservations, guest communications, and concierge services, commercialization of our products and services, payment processing and other financial services, fraud prevention and hedging/reduction of risks. For example, when you make a reservation through a service provider, we may share certain personal information with the provider to authenticate it. Furthermore, some of our operations, such as reservation services may be operated using the provider’s services, and as such the providers will be gathering your personal information directly.

We also share personal information with providers that need the information to provide services to you or us, but only in the measure in which such information is necessary to provide the services. This includes: web and software developers, payment processing services, online travel agencies and channel directors, reservation managers and reservations, maintenance companies, guest benefit providers and clients, email and other marketing vendors, technology providers, and suppliers we have retained to help secure our systems. We also use analytics providers and software to help us understand how our clients and guests use the services and our systems, To obtain more information on how we gather information for analytics consult “cookies and tracking technologies”.

We do not share, sell or lease personal information about you to third parties for its use in marketing. We will access, transfer, divulge and preserve information about you if you allow us to do so, if we are obligated by law to do so or under other legally limited circumstances (for example, as indicated previously, to protect your account from fraud, to enforce our terms of use and those of our providers, or as we consider reasonably necessary in order to comply with government or law enforcement requests. Further, if RCD Hotels or a part of it is sold or management is transferred to another entity we may transfer or replicate some or all of the personal data that we have to our successor.

ARCO RIGHTS

You have the right to request access, rectification, cancellation and opposition to the treatment of your personal information (the “Arco Rights”). Furthermore, you have the right to request the revoking of granted consent and limitation in the use of Personal Information.

To exercise your rights you will need to send an email to privacy@rcdhotels.com so we may send you a request format which you will need to fill out and return to us using the same electronic medium. You can also execute this process personally at our offices.

For safety reasons and according to the Law, it is mandatory that every request is accompanied by the information that allows us to corroborate the solicitor´s identity, and in its case of its legal representative. Consequently your request must be accompanied by the following documentation:

  1. Request format properly filled and signed;
  2. Simple copy of the holder´s identification
  3. If acting through a legal representative, simple copy of the public scripture in which the power of the legal representative is expressed and a simple copy of the legal representative´s identification.
  4. Address, telephone number and email address;
  5. Acceptance or denial of email contact
  6. Clear and precise description of the personal information in regards to which you wish to exercise your Arco Rights.
  7. If applicable, indicate specifically which information needs to be corrected and how it should be correctly read.
  8. If applicable, express manifestation to revoke consent to the treatment of your personal information.
  9. Any other information that will allow us to identify your personal information.

 We inform you that we keep record of all presented requests. Also, if the presented request is incomplete, we have the right to request the missing information.

The solicitor guarantees that the personal information provided is exact, complete and real. In consequence, the solicitor holds himself accountable for any damage or prejudice caused for falsehood or identity impersonation.

We will process your requests in time and form as per the Law and its Ruling. We commit to provide a response within 20 (twenty) business days from the moment of receiving the request. This term might be extended for up to 20 (twenty) additional business days so long as this is due to justified cause and the holder is notified.

In case of requesting access to your personal information, these will be supplied electronically. In case of expressly requesting it, they will be sent to your domicile in a simple copy.

CONSENT

You have the right to revoke your consent to the treatment of your personal information. The procedure, requirements and contact information to revoke your consent will be the same as the previously established procedure to exercise your ARCO Rights.

 Cookies and tracking technologies.

The cookie notice on the website will present you with the option of rejecting the use of cookies from RCD Hotels while you visit the website. However, if you choose to reject the cookies, some features and functions of the website might be affected, including the personalization characteristics associated to the creation of a user profile. If you have established an RCD Hotels user profile, you may adjust your preferences so we can offer you more appropriate suggestions. We may use the information that you provide for your user profile to populate other databases supported by us and our service providers, as applicable. When you create a user profile, you agree that we can use the personal information you are providing for these purposes. You may see, update or eliminate any personal information that you have provided for its inclusion in your user profile by adjusting your user profile online or sending an email to privacy@rcdhotels.com If afterwards you choose to eliminate your user profile, we will have the right to use any personal information provided by you previously for its inclusion in your user profile for the keeping of records and quality guarantee purposes. Even if you choose not to create a user profile, you can still use our websites to browse and purchase services.

The services do not respond to Do Not Track signals (DNT). We use a variety of technologies from suppliers who can track guests through sites including but not limited to Google products, DoubleClick by Google, Sabre (synxis), Facebook, Adara, the hotel network, TripTease, Sojern, TripCraft, Cendyn y TRAVELCLICK

SECURITY OF GATHERED INFORMATION

We maintain reasonable physical, administrative and technical security measures to protect the confidentiality, availability and integrity of the personal information.

It’s important to consider that no method of information protection is completely safe. While we attempt to guarantee the protection of your personal information, we cannot guarantee (or be responsible) that our safekeeping will be effective or sufficient.

YOUR RIGHTS REGARDING PERSONAL INFORMATION

The users of services, including you, have a variety of legal rights regarding the treatment of personal information These rights vary according to the applicable legislation but might include as an example:

  • The right to know what personal information we keep about you;
  • The right to know who we share your personal information with;
  • The right to receive a copy of your personal information; And
  • The right of access, rectification or cancellation of your personal information.

You may exercise any and all rights that you have under your applicable law in respect to personal information by contacting us as described below.

We may request additional information from you to verify such requests. Furthermore, it’s possible that you can see, access, correct or eliminate some or all your personal information through our profile update and consent protocol and procedures.

Notice to California residents. California civil code clause 1798,83, known as the “Shine the Light” law allows our guests and clients who are residents of California to request and obtain from us a list of the personal information (if there were any) that we have revealed to third parties for purposes of direct marketing in the previous civil year and the names and addresses of those third parties.

We may request additional information from you to authenticate such requests. The requests may be done only once a year and are free of charge. Under clause 1798,83, we currently do not share any personal information with third parties for direct marketing purposes.

Links to third party websites and services

The services may contain links to third party services, content or products that are not affiliated to us. We are not responsible of examining or evaluating the content or the preciseness of those third party websites, and we do not guarantee and will have no obligation or responsibility for any material or third party website or for any other third party material, product or service.

Consult such third party service privacy statements to obtain information regarding what they gather and how they use your data.

We are not responsible for any damage or prejudice related with the purchase or use of goods, services, resources, content or any other transaction executed in relationship with any other third party website. Please review carefully third party policies and practices and make sure to understand them before being involved in any transaction. Any complaints, inquiries or claims relative to third party products shall be directed to the third party.

MINORS

The services are not meant for children under 16 years of age, and children under 16 years of age are not authorized to use the services without the consent of a parent or legal tutor. We may collect information on children under 16 years of age as provided by a parent or guardian and such information is associated to the parent or guardian, not with the child.

Email, Opt-Out and Marketing Communications

If you no longer wish to receive email communications from us, you may follow the specific instructions for subscription cancellation in the email you receive or contact us at the address below. If you do business with us you may not opt out of certain automated notifications (including confirmation, reception and emails after check out) based on the particular transaction.

INTERNATIONAL USE

Your data may be stored, used and processed in any country where we have facilities or where we have hired a service provider, and due to your use of the services you recognize that we may transfer information to countries outside your country of residency, that may have different protection rules than those in your country. All personal information kept directly by RCD Hotels is stored in the applicable property and/or in the United States, which may require transferring personal information relevant to your location to the property location and/or the United States.

Changes in our privacy statement

It is possible that from time to time we update our privacy statement to reflect changes in our services and policies. When we update the privacy statement, we will review the “Effective”” date that appears at the top of this page. We encourage you to review this privacy statement periodically to remain informed as to how we use personal information.

CONTACT US

If you have any questions about this privacy policy, our privacy practices or the processing of personal information, please contact us. We appreciate your questions and suggestions regarding our privacy policy and we will use reasonable effort to respond in a timely manner. Please feel free to email us at: privacy@rcdhotels.com; or write to us at:

SM 13. Mza.1. Lt 22. Loc. 14-16.

Edif. Zona Zentro. C.P. 77504
Benito Juarez, Cancun, Quintana Roo.
+1 52 (998) 254.6500

Privacy policy of the data subjects whose personal information may be gathered in the European Union

EU´s General Data Protection Regulation (“GDPR”). RCD Hotels is a global brand and therefore many of our guests are from the European Economic Zone (“EEE”). To serve these guests, we may transfer individual´s personal information (“data subjects”) located within EEE. The personal information that may be gathered by us from a EEE data subject might include:

  •        [NAME]
  •        [ADDRESS]
  •        [TELEPHONE  NUMBER]
  •        [EMAIL]
  •        [OTHER TYPE OF INFORMATION]

Due to RCD Hotel´s guest diversity we must potentially deal with the local oversight authorities in all the EU states where we have an existing commercial relationship with a data subject. Additionally, the information we gather may be transferred outside the EEE, including to countries like the United States which have not been considered as “adequate” security measures by the European Commission. Therefore, we have executed model clauses between our European hotels and our RCD Hotels hospitality in conformity with the European Commission decision 2010/87/EC, to facilitate the safe and legitimate transference of personal information outside the EEE as necessary.

LEGAL MOTIVE TO PROCESS AND OBTAIN CONSENT

Data subjects whose personal information is gathered in the EEA may withdraw consent at any given time in which consent is the licit basis for the treatment of their information. If a data subject withdraws consent to process or otherwise object the processing that impedes RCD Hotels´ ability to comply with applicable regulations, a data subject might not be able to benefit from the services offered by RCD Hotels.

RIGHTS OF THE INTERESTED

All persons whose personal information is managed by RCD Hotels have a right to:

  • Enquire as to what personal information RCD Hotels has about them and why
  • Request a copy or access to such information;
  • Be informed about how to maintain, correct and update that information; and
  • Be informed as to how RCD Hotels is complying with its data protection obligations

Furthermore, for data gathered in the EEE, the interested have a right to:

  • Request a copy of that information to a third party;
  • Request deleted data if it´s possible and necessary under GDPR;
  • Request processing of restricted personal information if it´s possible and necessary under GDPR;
  • Object to the processing of personal information if it´s possible and necessary under GDPR;
  • Oppose to automated decision-making where applicable; and
  • Contact a supervising authority at the EEE to present a complaint about RCD Hotels and the processing of their personal information.

 INFORMATION CONFIDENTIALITY

RCD Hotels does not share any personal information with unaffiliated third parties except in the following circumstances:

  • As its necessary to provide the service the client has requested or authorized or maintaining and servicing the client´s account;
  • As required by regulatory authorities or authorities with jurisdiction over RCD Hotels and its affiliates or as required by any applicable law; and
  • Within reasonable measures to prevent fraud and unauthorized transactions.

RCD Hotels´ personnel are forbidden from revealing personal information to any person or entity outside RCD Hotels during or after the termination of their employment. This includes family members, except under the circumstances described above. It is allowed for an employee to reveal personal information only to other employees who need to have access to such information to deliver our services to the client.

RCD Hotels contact information for persons located within the EEE. If you are located in the European economic space (“EEE”) or Switzerland and you have questions or inquiries regarding the treatment of your personal information you may contact our EU representative at: privacy@rcdhotels.com; or write to us at:

SM 13. Mza.1. Lt 22. Loc. 14-16.
Edif. Zona Zentro. C.P. 77504 Benito Juarez, Cancun, Quintana Roo. +1 52 (998) 254.6500

If as a citizen of the EEE you believe RCD Hotels has not adequately resolved none of these questions you have a right to contact the EU supervising authority.