A. IDENTITY OF THE RESPONSIBLE PARTY

OH San Miguel, S.A. de C.V., and its affiliates and/or subsidiaries, for purposes of marketing the products and/or services that Orchid House San Miguel manages and/or distributes (hereinafter referred to as Orchid House San Miguel or the Hotel, indistinctly), located at Hidalgo street, number 21, Downtown, San Miguel de Allende, Guanajuato, Z.C. 37700 (three seven seven zero zero) is a company committed to protecting your privacy. 

Our responsible for Data Protection is the Marketing and Systems Area and is located at the same address, you can contact him at the following email: dirección@orchidhousehotels.com.

This Privacy Notice applies to the following websites belonging to the Hotel, as well as all of its extensions:

https://www.orchidhousehotels.com/san-miguel-de-allende/

    B. PERSONAL DATA

For the purposes outlined in this Privacy Notice, Orchid House San Miguel may collect your personal data in several ways:

a.- When the information is provided directly by you;

b.- When you visit the Hotel's websites; 

c.- When you use the services offered by the Hotel online by the data you authorize the Hotel to take from your social networks (Facebook, Twitter, LinkedIn, Google);

d.- When you connect to the Wi-Fi that Orchid House San Miguel offers you; or,

e.- When we obtain information through other means other than those mentioned above and that are permitted by applicable laws.

The personal data obtained by the means indicated above are:

a.- Identification: name(s), surname(s), telephone number(s), marital status, email address, age, date of birth, gender, company name and RFC number, Articles of Incorporation with its last modification, power of attorney of the legal representative, among others. Preferences related to lodging service and/or travel needs.

b.- Physical location: home address, tax address; dates of reservation and/or stay, hotel, date and time of flight.

c.- Authentication: username and password, autographic signature, voice recording.

d.- Patrimonial: bank card number, expiration date and security code, income level and occupancy.

    C. SENSITIVE PERSONAL DATA

Sensitive personal data are considered to be those personal data that affect the most intimate sphere of their owner, or whose improper use may give rise to discrimination or entail a serious risk for the owner. In particular, are considered sensitive those that may reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, union membership, political opinions, sexual preferences.

The Hotel does not collect sensitive personal data, in case you require a particular service or product for which you provide this data, the Hotel will use them only to provide such service and meet your specific needs.

In case of health emergency(s) the Hotel, in terms of the applicable regulations, will collect data related to your health condition with the sole purpose of achieving the health protection of you and other people who are in the hotel or in any property managed by Orchid House Hotels, information that will only be stored for the time necessary to fulfill that purpose.

    D. PURPOSE AND TREATMENT OF PERSONAL INFORMATION

Purposes that give rise to the legal relationship and are necessary for the provision of the service:

a.- The personal information you provide will be used by the Hotel to provide the services and/or products that you request or that are part of a program you have enrolled in or a purchase you have made: reservations, purchase of vacation packages, vacation club membership, affiliation to our loyalty programs, affiliation to our referral programs, organization of events and social gatherings, purchase of tourism products and/or services; providing where appropriate your data to the respective supplier.

b.- The Hotel may use the personal information you provide to offer you a better service and, where appropriate, identify your preferences during your stay and make it more pleasant.

Purposes that do not give rise to the legal relationship and are not necessary for the provision of the service and that you consent to be carried out:

a.- Likewise, it may use the information to offer you promotions and tourist and commercial products, send you promotions, special services, newsletters, surveys, prize draws and other online contests, transferring your personal data to the affiliated companies.

b.- Data analysis may be carried out through the use of technologies with the objective of elaborating profiles related to your stays and travel preferences that allow us to evaluate our service and personalize communication and promotions designed for you.

    E. LIMITATION TO THE USE OR DISCLOSURE OF PERSONAL INFORMATION FOR PURPOSES THAT DO NOT GIVE RISE TO THE LEGAL RELATIONSHIP.

In order for you to limit the use and disclosure of your Personal Information for purposes that do not give rise to the legal relationship, we offer you the following means:

a.- If you are a resident of the United Mexican States, your registration in the Public Registry to Avoid Advertising, which is in charge of the Federal Consumer Attorney's Office, with the purpose that your personal information will not be used to receive advertising or promotions from companies of goods or services. For more information, you can consult the PROFECO's website, or contact it directly.

b.- Request to the e-mail direccion@orchidhousehotels.com, indicating the e-mail(s) and/or telephone number(s) that require your limitation.

    F. EXERCISE OF THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION.

The access, rectification, cancellation or opposition regarding the information provided to the Hotel indicated in the Federal Law of Protection of Personal Data in Possession of Individuals, or in any applicable regulation, may be made by delivering the request in writing to the Marketing and Systems Area at the following address: Hidalgo street, number 21, Downtown, San Miguel de Allende, Guanajuato, Z.C. 37700 (three seven seven zero zero), from 9 to 14 hours from Monday to Friday or to the e-mail direccion@orchidhousehotels.com. 

Such request must contain at least the following:

Name of the Personal Data Subject;

 E-mail address to receive notifications;

Documents proving identity or, as the case may be, legal representation of the owner;

Clear and precise description of the personal data with respect to which the right is sought to be exercised and the right that is intended to be exercised;

Any other element or document that facilitates the location of the personal data.

In the event that the request does not meet any of the aforementioned requirements, the Marketing and Systems Area may require you within 5 days of receipt of the request to provide the elements or documents necessary to process it. You will have 10 days to comply with the requirement, in case of not responding within such term, the corresponding request will be considered as not submitted. The terms of attention, unless the applicable regulations indicate otherwise, will be of a maximum of 20 days from the date on which the request is received to inform you of the determination adopted, so that, if it is appropriate, you may make the same effective within 15 days following the issuance of the response. The aforementioned deadlines may be extended once for an equal period, provided that the circumstances of the case so justify. In order to protect your confidentiality, the Hotel will send the response to your request to the e-mail address you have provided for that purpose and will keep it available to the applicant at the address indicated in the preceding paragraph.

    G. REVOCATION OF CONSENT FOR THE USE OF YOUR PERSONAL DATA.

You may revoke the consent you have given us for the processing of your personal data. It is important to note that not in all cases the Hotel will be able to respond to your request or conclude immediately, since it is possible that some legal obligation may require us to continue processing your personal data. Also, you should consider that, for certain purposes, the revocation of your consent will mean that we can no longer provide the service you requested, or the conclusion of your relationship with the Hotel. To revoke your consent, you must submit your request in writing to the Marketing and Systems Area at the following address: Hidalgo street, number 21, Downtown, San Miguel de Allende, Guanajuato, Z.C. 37700 (three seven seven zero zero), from 9 to 14 hours from Monday to Friday or by e-mail to direccion@orchidhousehotels.com. The processing of such request and the attention thereof shall be carried out in accordance with the provisions set forth in Section F, above.

    H. CONTROL AND SECURITY OF PERSONAL INFORMATION.

The Hotel is committed to take the necessary measures to protect the information collected, using security technologies and procedures to control access, use or disclosure of your personal information without authorization, for example, storing the personal information provided in servers located in Data Centers that have limited access controls. For online transactions, we also use security technologies that protect personal information transmitted to us through various electronic means, such as the use of a secure server under the Secure Socket Layer (SSL) protocol. However, no security system or data transmission system over which the company does not have full control and/or reliance on the Internet can be guaranteed to be totally secure.

    I. ELECTRONIC MEDIA AND COOKIES.

In the event that you use electronic means in relation to your personal data, cookies will be generated in order to provide you with a better service. Cookies are small pieces of information that are sent by the Web site to your browser. Cookies are stored on your computer's hard drive and are used to determine your preferences when you connect to the services of our sites, as well as to track certain behaviors or activities carried out by you within our sites.

In some sections of our site, we require the customer to have cookies enabled as some of the functionality requires cookies to work.

Cookies allow us to:

a.- Recognize you when you enter our sites and offer you a personalized experience;

b.- To know the personal configuration of the site specified by you, for example, cookies allow us to detect the bandwidth you have selected when entering the home page of our sites, so that we know what kind of information is advisable to download;

c.- Calculate the size of our audience and measure some traffic parameters, since each browser that accesses our sites acquires a cookie that is used to determine the frequency of use and the sections of the sites visited, thus reflecting your habits and preferences, information that is useful for us to improve the content, headlines and promotions for users. Cookies also help us to track some activities, for example, in some of the surveys we launch online, we may use cookies to detect if the user has already filled out the survey and avoid displaying it again, in case he/she has done so.

The "help" button on the toolbar of most browsers will tell you how to avoid accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable all cookies. However, cookies will allow you to take advantage of the most beneficial features we offer, so we recommend that you leave them turned on.

    J. TRANSFERS

The Hotel only transfers personal data in the following cases:

a.- In the case of Mexico, in the assumptions established in article 37 of the Federal Law for the Protection of Personal Data in Possession of Private Parties; 

b.- In the cases in which another international norm applies, it will only be transferred in the cases indicated therein;

c.- In the cases in which it is necessary to provide them to third party suppliers with respect to the services or products that are being contracted; and,

d.- In the cases in which you authorize the transmission of your data by physical or electronic means such as "Google Signals".

    K. TERM OF CONSERVATION OF PERSONAL DATA.

Your personal data will be retained for as long as the legal relationship with you is maintained, until it is satisfactorily concluded, and you do not exercise your right of deletion or until you revoke your consent. In any case, the period of retention of personal data will be restricted to the minimum necessary, so that they will only be retained for as long as the purpose for which they were collected is maintained. When their conservation is no longer necessary, the Hotel will keep blocked those data that may be necessary during the legally established periods to address any issues related to their treatment or to the legal relationship originated with you. After the legal deadlines, the personal data will be deleted by adopting appropriate security measures to ensure the total destruction of the same.

    L. CHANGES TO THIS PRIVACY NOTICE.

The Hotel may at any time update this privacy notice. In the event of substantial changes to this notice, we will communicate them through our web pages indicated in section A of this Privacy Notice. Therefore, we suggest that you periodically visit this privacy notice to be aware of any updates.

    M. VIDEO SURVEILLANCE.

When you, as a Client, Supplier, Employee or Visitor, come to our facilities, you may be video recorded by the Hotel's security cameras, located at kilometer five of the Carretera Escénica, Pichilingue - La Paz section, Municipality of La Paz, Baja California Sur, C.P. 23019 (two three zero one nine). The images and sounds captured by the cameras will be used for the security of both the company and the people who visit us.

In case of any disagreement or complaint about the treatment of your personal data, you can address to the National Institute of Transparency, Access to Information and Protection of Personal Data in Mexico, or to the competent authority in the case that a standard other than the Mexican one applies.

Authoritative version.

The authoritative version of the present privacy notice, for all legal effects, will be the one written in Spanish. 

Any controversy regarding to the terms here employed, their meaning, the legal context or interpretation of the present notice shall be done taking into account the authoritative version of the text.

The English version exists only as means for comfort of English speakers, but by their acceptance of the present document, they are accepting to the authoritative version of it.

I acknowledge and accept the terms and conditions set forth in this Privacy Notice, and otherwise I will notify OH San Miguel, S.A. de C.V. in terms of the provisions of paragraphs E, F and G. of this Privacy Notice.