* This text was translated by DeepL Translate. Read the original document in Spanish here
Last modified: July 18, 2023
myHotel Privacy and Personal Data Policy
1. General Aspects
myHotel ensures the maximum confidentiality and protection of personal data (the “Personal Data”) and the due confidentiality of confidential information that companies and/or individuals who have entered into contracts with myHotel (“Clients”), enter into our application and/or website when contracting the services offered in the application or using the website. For this purpose, myHotel has developed this privacy and personal data protection policy (the “Privacy and Personal Data Protection Policy”).
Terms that are not defined here are in the myHotel Terms and Conditions at: www.myhotel.cl/terminos-y-condiciones.
myHotel provides Customers with the appropriate technical resources to make them aware of this Privacy and Personal Data Protection Policy and any other information that may be relevant, with the entry of Personal Data or confidential information on the website/application constituting the express manifestation of their consent to this Privacy and Personal Data Protection Policy.
For the use of the application and/or platform, the Client must provide the information required during the registration process, which must be accurate, updated, complete and reliable.
For this purpose, the Client undertakes to update as soon as possible any information that for any reason no longer reflects his or her actual situation. Thus, myHotel reserves the right to request any background information it deems pertinent to verify its data.
myHotel may collect, analyze and use the information it obtains from users and Customers, as a collective whole. Thus, it can determine statistical reports in relation to the queries made. Such information, which will only be used in anonymous and aggregated form, may be disclosed to myHotel’s business partners.
The processing of Personal Data carried out by myHotel may result in the discovery of new Personal Data, not originally provided by the user and/or the Client, which will be governed in their processing by this same Privacy and Personal Data Protection Policy.
Personal Data are stored in myHotel’s records or databases, which are not accessible to the public. However, myHotel is empowered to hire third parties for the processing and analysis of Personal Data, who will act as agents in accordance with the law. myHotel has adopted and will adopt the legally required levels of security and protection of Personal Data, and has installed and will install all the technical means and measures within its reach. However, users and Clients must take into consideration that security levels on the Internet are not perfect, so myHotel cannot guarantee the total and absolute inviolability of its Database, nor the perfect functioning of its protection and safeguarding mechanisms.
In this sense, users and Clients, when contracting the services offered by myHotel, declare that they are aware that the information they provide to myHotel will form part of the Data Base, authorizing myHotel to use said Data Base for the due provision of the services.
myHotel may use the Personal Data to send commercial or advertising communications by e-mail or other messaging systems, subject to Article 28 B of Law No. 19.496 on the Protection of the Rights of Consumers of the Republic of Chile.
To this effect, the Clients declare that they have been expressly authorized by their clients to share personal information with myHotel in order for the latter to comply with the purpose of its services, all in accordance with the regulations of the General Data Protection Regulation (GDPR).
In this way, the Client undertakes to indemnify myHotel and its partners, shareholders, representatives and dependents from any damages resulting – including defense costs – from any unlawful act or fact attributable to the Client in the event that the Client does not have the corresponding authorizations.
2. Collection of Information. Personal Information Provided by Customer
myHotel is entitled to collect all personal information provided by the Customer through the website, its mobile applications, and other products including, but not limited to, the Customer’s name, date of birth, gender, weight, height and other demographic information; email address and passwords; profile information provided by the Customer, content uploaded by the Customer, and communications that exist between the Customer and myHotel.
3. Personal Information from Other Sources
myHotel shall be entitled to receive personal information of the Client from other sources, such as Internet sites associated with this site, and companies that have entered into cooperation agreements with myHotel, or other third parties, information that may be collected, processed and associated with the personal information provided by the Client to this site.
4. Disclosure of Personal Data
Except as noted below, we do not share personal data collected with third parties:
We provide copies of all information you provide through the services, including personal data, to your hotel or hotel group.
myHotel may publish public content, such as travel reviews and responses to surveys conducted for the purpose of the Services and/or through third party sites such as Tripadvisor or Google. For these purposes we note that myHotel will not provide your full name or other identifying information in any review or survey response.
myHotel may share Personal Data with third party service providers under contract to perform functions on our behalf. Examples include sending postal mail or electronic messages, storing data, analyzing data, performing quality assurance, providing technical support, providing marketing assistance, verifying identity, processing job applications, and providing customer service.
myHotel may share Personal Data with any company that acquires our company or its assets. The acquiring company will assume the rights and obligations with respect to the Personal Data as described in this Privacy and Personal Data Protection Policy.
myHotel may share the Personal Data with its related companies, in which case the related companies will be required to comply with this Privacy and Personal Data Protection Policy.
myHotel may disclose Personal Data in a good faith belief that disclosure is permitted in order to: (i) comply with the law or legal process served on us or cooperate with any legal investigation; (ii) protect and defend the rights or property of us or our users; (iii) act in an emergency to protect someone’s safety; or (iv) investigate any violation or potential violation of the law, this Privacy and Personal Data Protection Policy, or any other agreement between Customer and myHotel.
In addition, myHotel may share Personal Data if you provide us with your prior consent to do so.
Customer Personal Information may be stored and processed in any country where myHotel has facilities or contracts with service providers, and by using the Sites or disclosing information to us, you consent to the transfer of information to countries outside of your country of residence, which may have different data protection rules than those in your country or the country in which you were located when you initially provided the information.
5. Privacy Choices
From time to time myHotel may send its Customers messages about new services, products or other noteworthy news, or which may contain advertisements from third parties. In the event of receiving such promotional communications, the Customer may indicate to myHotel his or her preference to stop receiving other communications and will have the opportunity to “unsubscribe” by following the unsubscribe instructions included in the message he or she receives, or by contacting myHotel at firstname.lastname@example.org.
Notwithstanding the foregoing, myHotel may always send its Clients notices of any updates to our Privacy and Personal Data Protection Policy or other conditions for services.
You may modify any of your Personal Data in your account by editing your profile through the Services or by sending myHotel an email or postal mail to the address below. You may request that we delete your Personal Data by emailing us at email@example.com. For these purposes it is noted that when you delete any information, it will be removed from the active database, but may remain in our files. We will respond to access requests within 30 days.
6. Characteristics of Social Media and Public Forums
Please note that in the event Customer enables features that allow Customer to connect its myHotel account to social media platforms such as Facebook, Google, and Twitter, myHotel may receive copies of its public posts, friends lists and other data, depending on its account privacy settings.
The Services may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
7. Link to other sites
The Services contain links to other sites that are not owned or controlled by myHotel. Please be aware that myHotel is not responsible for the privacy practices of such other sites.
myHotel is the owner or licensee of all rights over the content of the application/platform, over the domain name www.myhotel.cl, and others related to the operation of the application, over the design, texts, photographs, images, videos, music, trademarks, distinctive signs, software and, in general, of any content protectable by copyright and industrial privileges registered or not, hereinafter the “Contents”.
The rights to the Contents, including but not limited to the permanent or temporary reproduction that is not necessary for access to the application; its total or partial distribution by any means; its modification, adaptation or translation; and its making available to the public, are owned by myHotel or it has all the pertinent authorizations over the same.
Nothing in this application shall be construed as a license or authorization of use to the Customer or users by myHotel or any third party with respect to the Contents, and any use of the Contents beyond that necessary to access them is prohibited. The use of the Contents that is not expressly authorized in writing by myHotel could be considered a crime according to current legislation.
Notwithstanding the foregoing, the ownership of the intellectual or industrial property rights corresponding to any material that may be contributed to this application by users, Clients or third parties, by any means, is the sole responsibility of those who contribute them. In case of plagiarism or infringement of third party rights or the law, the third party contributing the respective materials shall be solely responsible before the owner and/or the corresponding authority.
In this way, the user agrees to hold harmless myHotel as well as its partners, shareholders, representatives and dependents, from damages resulting – including defense costs – from any unlawful act or fact attributable to the user or a third party using the account of any of them.
9. Notification of Changes