It is of much importance to us to maintain your personal information private and confidential. The following Notice (the “Notice”) clearly describes how and for what purposes we intend to manage the personal information (the “Personal Information”) that you provide us (the “Management”). The management of your information is in accordance with the Protection of Personal Information in the Possession of Individuals Act (the “Law”), its Regulation (the “Regulation”), and the Guidelines of the Privacy Notice (the “Guidelines”).
NOWHERE BAR, its subsidiaries, and its hotels (collectively “us,” “we,” or “our”) understand that our guests, clients, users, and/or visitors (jointly, the “guests and clients”) place their trust in us, and we are committed to protecting all personal data that we collect through the websites that we operate (the “Websites”), applications that we make available on or through mobile devices or computers (the “Apps”), wireless connectivity and Wi-fi that may be offered on our properties (the “Wi-Fi Connection”), and through social media channels that we control (the “Social Network Channels”) (collectively the “Services”). This Notice describes our global practices regarding the collection, use, and sharing of Personal Data about identified or identifiable individuals through the Services.
By using the Services, you acknowledge, understand, and accept all policies and practices stated herein.
The capitalized terms in the following Notice should be understood as references to the definitions included in the Law, the Regulations, the Guidelines, or the ones established in the following Notice.
The entity responsible for managing your Personal Information is NOWHERE BAR.
We collect your Personal Information through the Services when you provide to us personally, by telephone, and through any other source provided for and permitted by Law. Including, but not limited to, the Personal Data that we obtain are name and surname, personal address, personal telephone number, personal email, copy of your official identification, ID number, the Public Identification Number (CURP), nationality, Federal Taxpayers Registry, account number, credit or debit card number.
We do not gather the information that could result in discrimination, such as race or ethnicity, health status, genetic information, religion, philosophical and moral beliefs, union membership, political affiliation, or sexual orientation (“Sensitive Personal Information”).
Some personal information is automatically gathered by using the Services, while others are gathered through the data you provide. As a result, you have a choice over the data we gathered. When you are asked to provide any data, you may refuse that request; but if you don’t provide any information needed to provide the Services, you won´t be able to receive said Services. For example, you can create an account when you book a room through our Services, providing some extra information, which will lead to a simple booking process in the future. Also, you can use your social network accounts to share digital content through our Services, but be aware that we can collect some information associated with that account, such as a nickname, full name, the digital content shared, and any comment or reaction regarding said content.
Furthermore, the Responsible Party will collect the following Personal Information through the Services:
Information is collected automatically. When you download or use an application or browse a website, we collect information about your device, the network you use to access the Services, and information about the use of the Services. This includes software and hardware attributes of the device used, unique device information (such as unique international mobile equipment identity (IME) number for smartphones), region and language settings, network provider and IP address, as well as data from service performance, dates and times you used the Services, the time spent on specific pages or specific channels and other similar usage information.
Location information. We may also collect location information, depending on the Services you use and/or the permissions provided. Accurate location information can be obtained from your device’s GPS and location systems, as well as nearby wi-fi networks and cell phone towers. Inaccurate location information may include your IP address or any other data regarding any specific region, city, or zip code you may be in. You can manage your location tracking services by allowing or not accessible a particular service on your computer or mobile device settings.
Other information that you provide to us. We collect Personal Information when you provide it to us for specific purposes, such as providing you with information or services that you request, including reservations to carry out a transaction or booking, to respond to an inquiry, or when you post content to social media or interact with a social media channel; when you respond to a customer survey or when applying for a position with us. Depending on the services used, the products, or the information requested, the information collected may include your name, phone number, email address, account information, address, billing information, region, travel plans, travel status, order or service history, social media account information (such as account or handling, followers, social media profile), loyalty or rewards program numbers, or (if you are applying for a position with us) employment-related information, as well as any additional information you want to enter in text fields, “Contact Us,” email subscriptions, RFP forms, or any other that you provide to our customer service representatives.
Information from third parties. We also collect or receive personal data from third parties. For example, if you reserve a room through a Channel Manager, Travel Agency, Reservation Service, or Event or Conference Promoter, we collect certain information from that third party as necessary to make and authenticate the reservation. If you interact with a social media channel or submit social media content to us, we receive certain data from the applicable social media platform. Depending on the type of information and the context in which it is used, the above information may be associated with data that we collect directly, that we have obtained from other sources, or that we have previously retained within a given user account.
The obtained Personal Information shall be used for the following purposes (the “Purposes”):
Providing services. We use Personal Information to provide products, services, and information to our guests and customers, including booking activities, food and beverages, and other services.
Customer service and support. We use the Personal Information we collect for customer service and support and to provide and personalize communications with our guests and customers. This includes communication about products, services, and discounts, answering questions and inquiries, responding to complaints and requests, and providing care to our guests and clients.
Commercial operations. We use the Personal Information we collect to operate our business. This includes marketing, monitoring the use of products, services, and systems; analyzing and storing the preferences of our guests and clients; traffic patterns; operating of our businesses and service to our guests and clients; upgrading of the services, offers, and products.
Marketing and communications. We use Personal Information to deliver and personalize communications with our guests and clients, including recommendations, special offers, information about benefits, information about our businesses, restaurants, bars, and other facilities, information about on-site and off-site events and activations at our properties, and other marketing communications, as well as for information on how to manage email subscriptions and marketing or promotional communications, email, opt-out, and marketing communications of this Notice.
Employment. If you are applying for a position, we use Personal Information to process and evaluate your application and, if you are engaged, in relation to your engagement.
You will have five (5) days to express your refusal to process your Personal Information for purposes that are not necessary nor did they relate to the relationship with the Responsible Party.
TRANSFER OF PERSONAL INFORMATION
Your Personal Information may be transferred without your prior consent when the transfer is made to national and international holding companies, subsidiaries, or affiliates under the common control of the Responsible Party, a parent company, or to any company of the business group that operates under the same processes and internal policies, in accordance with the provisions of the Law, the Regulations, and the Guidelines.
Likewise, some of the aforementioned purposes involve sharing Personal Information collected with third parties. We share Personal Information with your consent as necessary to complete any transaction or required to provide any service that the User has requested or authorized or as permitted or required by the law. We share Personal Information for various purposes, including providing services such as reservations, guest communications, concierge services, marketing of our products and services, payment processing and other financial services, fraud prevention, and risk mitigation/reduction. For example, when you make a reservation through a provider’s service, we may share certain personal data with the provider to authenticate you. Furthermore, some of our operations, such as reservation services, may be operated using the providers’ systems, and as such, the providers will be directly collecting your personal information.
We also share Personal Information with vendors who need the information to provide services to the User or us, but only to the extent that the information is necessary to provide such services. This includes software and web developers, payment processors, online travel agencies and channel managers, reservations managers, maintenance companies, guest and customer benefit providers, email and other marketing vendors, technology vendors, and vendors we have maintained to help secure our systems. We also use analytics and software providers to help us understand how our customers and guests use the services and our systems.
We guarantee the protection of your Personal Information. It should also be noted that it is protected through administrative, technical, and physical security means to prevent loss, alteration, destruction, use, access, or improper disclosure.
Notwithstanding, it is important to remember that no method of safeguarding information is completely secure. While we try to protect your data, we cannot guarantee (or be responsible) that our safeguards will be effective or sufficient.
USER’S RIGHTS (RIGHTS OF THE INTERESTED PARTIES)
Users of the Services have a variety of legal rights regarding the processing of Personal Information. These rights vary depending on the applicable legislation and may include, but are not limited to:
The right to know what Personal Information we hold about you.
The right to know with whom we share your Personal Information.
The right to receive a copy of your Personal Information.
The right of access, rectification, or cancellation of your Personal Information.
You can exercise your rights under your applicable law regarding your Personal Information by contacting us as described in this Notice. We may request additional information from you to verify such requests. Additionally, you may be able to view, access, correct, or delete some or all the Personal Information through our consent and profile update protocol and procedures.
You have the right to request access to, rectify, cancel, and oppose your information management (the “ARCO Rights”). Furthermore, you have the right to request the revocation of your given consent and limit the use of your Personal Information.
To exercise your rights, we require that you send an e-mail to firstname.lastname@example.org, so we can send you the appropriate request form, which you should complete and submit. You may also go through this procedure personally in our offices.
For security purposes and in compliance with the Law, it is mandatory that all request forms be accompanied by the information necessary for us to identify the applicant and, if applicable, his or her legal representative. As a result, your request form should be accompanied by the following documents:
Request form fully completed and signed;
Copy of the holder’s identification;
In the case of legal representation, a copy of the Public Grant that establishes his or her Power- of-Attorney, as well as a copy of his or her identification;
Address, phone number, and e-mail;
Whether or not the holder accepts to be notified via e-mail;
A clear and precise description of the Information related to the exercise of your ARCO rights;
If applicable, indicate which specific information should be corrected and how it should be correctly read.
If applicable, expressly state to revoke the consent to the management of your Personal Information;
Any other piece of information that will allow us to identify your Personal Information properly?
Let us inform you that we keep a record of all the submitted requests. Furthermore, in case the request form should be found incomplete, we have the right to request the missing information from you.
The applicant guarantees that the given Personal Information is exact, complete, and authentic. As a result, the applicant is responsible for any damage and/or harm caused by falsified information or identity impersonation.
Your request shall be processed in accordance with the manner and time established in the Law and its Regulation. We commit ourselves to give a response no later than 14 (fourteen) business days after we have received your request form. The waiting period could be extended by another 14 (fourteen) business days if it is justified and the holder is notified.
Upon request of access to your Personal Information, it shall be given digitally. Upon request expressly requesting it, your Information will be sent in the form of copies to your indicated address.
The Services are not intended for children under the age of 18, and children under the age of 18 are not allowed to use the Services. We may collect information from children under the age of 18 to the extent that it is provided by a parent or legal guardian, and such information would be associated with the parent or legal guardian, not the child.
You have the right to revoke your consent to manage your Personal Information. The procedure, requirements, and contact information needed to revoke your consent shall be the same as the procedure needed to exercise your ARCO Rights established above.
If you have not expressed disapproval of the terms mentioned in the present Notice, it shall be understood as given consent to the management of your Information.
COOKIES & TRACKING TECHNOLOGIES
Services do not respond to Do Not Track (DNT) signals. We use several vendor technologies that can track guests and customers across sites, including, but not limited to, Google products and services, Meta Business, TripAdvisor, Yelp, Checkfront, and Stripe.
LINKS TO THIRD-PARTY WEBSITES AND SERVICES
The Services may contain links to third-party services, content, or products not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party websites, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other third-party materials, products, or services. Please, refer to the privacy statements of those third-party services for information about what they collect and how they use your data.
We are not responsible for any damages or losses related to purchasing or using goods, services, resources, content, or any other transaction on any third-party website. Please carefully review third parties' policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
EMAIL, OPT-OUT, AND MARKETING COMMUNICATIONS
If you no longer wish to receive email communications from us, you can follow the specific unsubscribe instructions in your email or contact us through the means of contact stipulated in this Notice. If you do business with us, you cannot opt out of certain automated notifications (including confirmation, receipt, and post-checkout emails) based on the corresponding transaction.
From time to time and in compliance with the Law, the Responsible Party may modify or update this Notice. In this case, you may check any updates through our website, email@example.com.
Should be any questions or concerns about this Notice, the management of your Personal Information, or your rights, please, feel free to email firstname.lastname@example.org.
CALIFORNIA PRIVACY RIGHTS / CALIFORNIA RESIDENT NOTICE
California residents who have provided personal information to the Responsible Party may obtain information about the responsible and its disclosure to third parties for its direct marketing purposes. Requests should be sent to the following email email@example.com. Within 14 days of receiving such a request, we will provide a California Privacy Disclosure, which will include a list of certain categories of Personal Information disclosed during the preceding calendar year to third parties for their direct marketing purposes, along with the names and addresses of third parties. This request cannot be made more than twice per calendar year. We reserve the right not to respond to requests not sent to the address specified in this paragraph.
WHAT IS PERSONAL INFORMATION?
“Personal information” is information that can be associated with a specific person. It could be used to identify that specific person, whether directly from that data or when combined with data and other information that NOWHERE BAR has or is likely to have access to. We do not consider personal information to include anonymized or aggregated clickstream data (such as hardware, OS, and browser information) as it cannot be used to identify a specific person.
THE PERSONAL INFORMATION WE COLLECT & WHERE WE GET IT
We collect personal information when you perform the following: sign into our website, register or update a member profile, submit a survey, contact member support, or submit a suggestion form. In some cases, elements of your profile information are verified through a single-sign-on workflow using existing external account credentials or via a data file provided, which we use to validate that you are eligible to participate in the program.
We always collect your first and last name, local region (e.g., city/state), and email address to populate your member profile. In cases where we must fulfill a physical membership card, we also need your mailing address and phone number.
When visiting our website or using our mobile app, the IP address of your device and other clickstream data (such as hardware, OS, and browser information) are collected in our temporary system logs. We collect the geolocation (if location permissions are enabled) and a unique notification identifier for your device when using our mobile app.
HOW WE USE THE INFORMATION WE COLLECT
We use your personal information in combination with the local region (e.g., city/state) in your member profile to provide a personalized experience. Based on the email preferences you configure, we will use your personal information to send you emails, information about NOWHERE BAR, or other promotional materials related to your membership. Independent of your email preference settings, we may occasionally send notices or messages of a transactional or relationship nature (e.g., receipts or renewal notices).
We use your device geolocation, the publicly available geolocation associated with your IP address, and/or the local region (e.g., city/state) in your member profile to display localized content when browsing our website.
We use the unique notification identifier for your device(s) to deliver “push” notifications targeted to the device(s) associated with your membership. The settings that control these notifications are managed on your device; they are not managed as a part of your member profile. You may choose not to receive (or stop receiving) notifications by disabling the notification permission on your device.
If you have questions about location and notification settings, please contact your device's mobile service provider or manufacturer to learn how to adjust your settings.
We use web forms throughout our website for customer comments and suggestions. Any information we collect from emails or web forms is used to respond to your questions or comments. We may also retain your comments to improve our site and program or review and discard the information.
When you contact NOWHERE BAR, we record your communication to help answer questions and resolve any issues you might encounter. These communication records are associated with your member profile to facilitate and optimize our support of your membership.
If you are a consumer in the European Union, we will only process your personal information when we have a legal basis. When we process your personal information, we will do so with your consent or because the processing is necessary: to perform a contract with you, to comply with our legal obligations, to pursue our legitimate interests, or to establish or defend a legal claim.
PERSONAL INFORMATION WE SHARE & WHY
NOWHERE BAR does not provide any personal information to third parties for their direct marketing purposes. Additionally, we will not disclose your personal information to a third party unless:
It is a request from the entity through whom you obtained your membership (for example, the person who purchased your card as a gift).
With your explicit consent.
To comply with our legal requirements.
To enforce our Terms & Conditions.
We may use non-identifying and aggregate information to design our website better and share it with advertisers and internet analytical companies. For example, we may tell an advertiser that many individuals visited a specific page on our website. Still, we would not disclose any personal information to a third party that could be used to identify individuals.
We may also transmit and store your personal information with third-party service providers (or “data processors”), such as our cloud computing provider, as part of the IT infrastructure necessary to provide our services to you. Unless we tell you differently, they do not have any right to use your personal information beyond what is necessary to assist us. NOWHERE BAR and our service providers are located in the United States and Mexico. Any information we collect about you or provide will be processed and stored within the United States and Mexico.
COOKIES AND THIRD-PARTY WEBSITES
When you access our website, we place small data files called "cookies" on your computer to support the functionality of the features available within our website. Our cookies are used to:
Enable automatic sign-in. If you check the “Remember Me” checkbox at sign-in, you won’t be prompted to sign in again (for up to 6 months) using the same browser. Your membership identifiers are stored in a cookie.
Maintain your session context. For example, if you’re scrolling a list of restaurants and need to step away for an hour-long meeting, you can pick up where you left off without starting over from the home page. Your session context is stored in a cookie until you exit your browser.
We encode our cookies so only we can interpret or access the information stored. You are free to block or delete our cookies, which may interfere with how you interact with our website.
You can learn more about cookies at the following sites:
YOUR CHOICES & RIGHTS
Where you have given us your consent to use your personal information, you can withdraw it by doing the following:
To stop receiving our email marketing, you can change your email preferences within your member profile, follow the unsubscribe instructions in any emails sent to you, or contact us. We will do it for you.
To opt out of sharing your device geolocation or receiving push notifications, you may update the location or notification permission settings on your device.
You also have rights over how your personal information is used, including:
The right to object to our processing of your data. You may contact us when you wish to no longer participate in the NOWHERE BAR program, and we will remove your data from our systems. Email your request to firstname.lastname@example.org.
The right to request that your information be erased or restricted from further use. We will delete your personal information upon your request unless there is a legal obligation to retain it. If there is a legal obligation, we will notify you. Any personal information stored in backups will be restricted upon your request. It is never recovered and will delete following the backup retention period (not to exceed one year). Email your request to email@example.com.
The right to request a copy of the information we hold about you. You are entitled to receive any personal data provided to us in a structured, commonly used, and machine-readable format. We will provide your data electronically in an easily readable and transferrable format appropriate to the data (such as a comma separate file, a spreadsheet, or similar). Please email firstname.lastname@example.org, and we can assist you with this request.
The right to correct, amend or update the information you have given us. You can log into your member profile and update your information.
We will respond to any request via email under this section within 15 days.
SECURITY AND RETENTION OF YOUR PERSONAL INFORMATION
Unfortunately, the transmission of information via the internet is not completely secure. Once we have received your information, we will use procedures and security features to prevent unauthorized access. We employ safeguards like firewalls, data encryption, physical access controls to our servers, and other access controls. No safeguards, including the highest levels of data encryption, can ensure perfect security, although we will do our best. We cannot expressly warrant the security of any information that you transmit to us, and you do so at your own risk.
We will retain your personal information for three years following the expiration of your membership or last activity, whichever occurs last. For members in our Baja Passport Program, we retain your personal information for ten years following the expiration date of your membership or ten years following the expiration of your gift purchaser’s membership (in cases where your membership was provided as a gift), whichever occurs last. We retain your data for members with unassigned gift cards until all your gift inventory has been assigned. According to our data retention and deletion policies, we dispose of it securely when we no longer need your information.
PERSONAL INFORMATION OF CHILDREN
Our websites are not directed toward children under 18 years of age. We do not knowingly collect information from children under 18. If you are under 18, please do not use our websites or submit any personal information to us. Please email us at email@example.com if you believe we have collected personal information from a child.
INTERNATIONAL TRANSFER OF DATA
Any data you provide to NOWHERE BAR will be stored on secure servers in the United States and México.
Some entities in NOWHERE BAR, with whom we share your data, and our service providers who have access to your data are located outside the US. For example, we may also share your data overseas if we receive a legal or regulatory request from a foreign law enforcement body.
We will always take steps to ensure that any international transfer of information is carefully managed to protect your rights and interests. In particular, we will either:
Only transfer your data to countries that are recognized as providing an adequate level of legal protection following data protection legislation; or
Ensure that transfers outside the US are subject to appropriate legal safeguards.
UPDATES & INTERPRETATION
Any heading, caption, or section title contained herein and any explanation or summary are provided only for convenience and in no way define or explain any section or provision hereof or legally bind any of us.
Should you have any questions or concerns about this Notice, the management of your Personal Information, or your rights, please, email firstname.lastname@example.org.