PRIVACY POLICY

Sept. 20, 2021

CaboHospitality.com cares deeply about the privacy of its visitors and users. To that end, this Privacy Policy (“Privacy Policy”) describes how Cabo Hospitality LLC, together with its affiliated companies worldwide (“we,” “our,” or “us”), collect, use, and share your Personal Information, as well as an explanation of the data rights you may have in that Personal Information. This Privacy Policy applies to all Cabo Hospitality users, including unregistered visitors and registered users (collectively, “Users,” “you,” or “your”), and all Cabo Hospitality services, including our websites (including www.CaboHospitality.com and any of its subdomains, the “Website”), and related services (collectively, the “Services”). This Privacy Policy is not intended to override the terms of any contract you have with us, nor any rights you may have under other applicable data privacy laws.

Before accessing or using our Services, please read this policy and make sure you fully understand our practices concerning your Personal Information.  If you read and fully understand this Privacy Policy and remain opposed to our practices, you must immediately leave and discontinue all use of any of our Services.  If you have any questions or concerns regarding this policy, please contact us here.

1. 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 Cabo Hospitality 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.

2. 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.

3. 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 Cabo Hospitality, 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 you are 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 mobile service provider or the manufacturer of your device 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 Cabo Hospitality, 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: for the performance of a contract with you; to comply with our legal obligations; to pursue our legitimate interests, or to establish or defend a legal claim.

4. Personal Information We Share & Why

Cao Hospitality does not provide any personal information to third parties for their own 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 of Use

 

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. Cabo Hospitality and the service providers we use are located in the United States and Mexico. Any information we collect about you or provide to us will therefore be processed and stored within the United States and Mexico.

If Cabo Hospitality or a portion of our business is sold, your personal information may be among the assets transferred. The purchasing party would be required to apply this Privacy Policy to their use of your personal information should such information be included in the purchase.

5. 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) while 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 that only we can interpret or access the information stored. You are free to block or delete our cookies, but doing so may interfere with how you interact with our website.

 

Our website contains links to various external/third-party websites hosted by participating merchants and restaurants. When linking to these websites, you may also encounter cookies from those third parties. Please note: we have no control over the privacy practices of any external website or the cookies created by any external website, and such files are outside the scope of this Privacy Policy.

You can learn more about cookies at the following sites:

6. 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 of the emails we send 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 Cabo Hospitality program, and we will remove your data from our systems. Email your request to info@cabohospitality.com.

  • 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 info@cabohospitality.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 info@cabohospitality.com, and we can assist you with this request.

  • The right to correct, amend or update the information you have given us. You can do this by logging into your member profile and updating your information.

We will respond to any request via email under this section within 15 days.

8. 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 do this by employing 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 personal data for members with unassigned gift cards until all of your gift inventory has been assigned. We dispose of it securely when we no longer need your information according to our data retention and deletion policies.

9. 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 info@cabohospitality.com if you believe we have collected personal information from a child.

 

10. International Transfer of Data

Any data you provide to Cabo Hospitality will be stored on secure servers in the United States and México.

 

Some entities in Cabo Hospitality LLC, with whom we share your data, and our service providers who have access to your personal data, are located outside the US. We may also share your personal data overseas, for example, 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 personal 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.

11. Updates & Interpretation

We may update this Privacy Policy as required by applicable law and to reflect changes to our Personal Information collection, usage, and storage practices. If we make any changes that we deem as “material” (in our sole good faith discretion), we will notify you (via email) before the change becomes effective. Concerning any updated Privacy Policy, we will, as required by applicable law, notify you, seek your consent, and/or take any other measures. We encourage you to periodically review this page for the latest information on our privacy practices. Unless stated otherwise, our most current Privacy Policy applies to all information about you and your Users-of-Users, concerning our Website and other Services. 

Any heading, caption or section title contained herein and any explanation or summary are provided only for convenience and in no way defines or explains any section or provision hereof or legally binds any of us 

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12. Contacting Us

If you have any questions about this Privacy Policy or wish to exercise your rights, please contact our team here. We will attempt to resolve any complaints regarding the use of your Personal Information per this Privacy Policy.