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LEGAL NOTICE

 Legal Notice

1.- Data Controller

RED 18 LLC

2.- Data we process and purposses of processing

Contact data and other necessary for the required purposes, such as responding to the information requested through our website www.www.umahousesouthbeach.com, and other means, managing your reservations and stay at our Hotel or the provision of our services. Administrative management of the Hotel and compliance with the legal obligations that are generated.

3.- Legal basis for processing

Consent of the data subject, compliance with legal obligations, performance of a contract or pre-contract or legitimate interest.

4.- Data retention:

As long as you do not withdraw your consent, the contractual relationship lasts or for the time required by a legal obligation.

5.- Data Recipients:

The data you provide will be incorporated into a database belonging to RED 18LLC, but they shall be available, for operational reasons, to SMART ROOMS USA Corp., a Company of our own Group, but shall not be transferred to third parties, except those who must necessarily intervene to our internal management or the provision of our services.

6.- Rights:

Access, rectify and erasure your data, as well as other rights provided by current regulations.

7.- Supervisory Authority:

You can direct claims arising from the processing of your personal data to the Supervisory Authority of your home Country.

8.- Governing law & Jurisdiction

This privacy policy is governed in each one of its extremes mainly by the General Data Protection Regulation of the European Union and American Data protection regulations.

9.- Additional Information

Additional information on safety and other aspects

10.- Update:

January 2022

 

PRIVACY POLICY

 

1-WHO IS THE DATA CONTROLLER OF YOUR DATA PROCESSING?

The Data Controller and the owner of the website www.www.umahousesouthbeach.com,  is Red 18 LLC a Florida Limited Liability Company. Its Document Number is L17000033632.  Principal Address is at 1776 Collins Ave Miami Beach, FL  33139-2007 United States (hereinafter the Company).

Red 18 LLC is the owner of Uma Southbeach Hotel, located at 1775 James Ave, Miami Beach, FL 33139, USA (hereinafter The Hotel).

The Hotel has taken the necessary technical and organizational measures to comply with data protection regulations.

The contact details of our Company, related to privacy and protection of your personal data are:

+1 (305) 390 1184

gdpr@smartroomscompany.com

 

2-PERSONAL DATA AND WHICH IS THE PURPOSE OF THE PROCESSING

 

1-Types of personal data we process.

We may collect and process the following categories of personal data:

We collect Personal Data in accordance with the law, and to serve you better. Personal Data is information that may identify you as an individual or relate to you as an identifiable individual. We may collect and process the following types of Personal Data about you:

  •  Name
  •  Gender
  •  Postal address
  •  Telephone number
  •  Email address
  •  Financial information (such as credit and debit card number or other payment data)
  •  Language preference
  •  Date and place of birth
  •  Nationality, passport, visa, or other government-issued identification data
  •  Important dates: birthdays, anniversaries, and special occasions
  •  Employer details (for business-related bookings)
  •  Travel itinerary, tour group, or activity data
  •  Prior guest stays or interactions, goods and services purchased, special service and amenity requests
  •  Social media account ID, profile photo and other data publicly available, or data made available by linking your social media and loyalty accounts

In more limited circumstances, we may also collect:

  • Data about family members and companions, names, and ages of children
  • Images, video, and audio data via: (a) security cameras located in public areas, such as hallways and lobbies, in our properties.

 

We may also collect information about:

  • your Preferences that we use to make your current and future stays and experience with us more enjoyable, including information about your interests and other relevant information that we learn about you during your stay. We record your communications with us made by e-mail or other means. When you make a telephone communication, our customer service may record your questions in our database. This may also include any likes and dislikes about our services that you tell us about so that we can improve our services, and specific dietary, health restrictions or personal needs to ensure your wellbeing.
  • your “Personal Preferences,” that may include details of your special anniversaries (such as your birthday or wedding anniversary), what type of activities you prefer to take part in when staying with us, and your hobbies. Personal Preferences may also include details about who you usually travel with, their relationship to you, and your marital status.
  • Your preferences when you use our website, and other digital media, if applicable. When you use our website we may log your IP address, browser type, operating system, originating website and web browsing behavior.
  • Information relating to social networks. Depending on your social network settings we may receive information from your social network provider. For example, when you log in with a social network account to use our services, we may receive your social network profile including contact data, interests and contacts. For more information on the personal data, we receive from your social network provider and how to change the settings, please refer to your social network provider's website and privacy policy.

 

If you submit any Personal Data about other people to us or our Service Providers (e.g., if you make a reservation for another individual), you represent that you have the authority to do so and you permit us to use the data in accordance with this Privacy Statement.

 

2-Your personal data will only be used for the following purposes:

a. Register your personal data in our database if you make a reservation, if you provide them to us or make the reservation through an online booking tool and if you stay at our Hotel.

b. To carry out the necessary commercial and administrative procedures with the users of our website and our customers or potential customers.

c. In Our Company we process the information you provide in order to respond to the request for information you send us, provide information about our Hotel and services, manage internally and externally the sale of our rooms and services, as well as the purchases we make to our suppliers, the contracting of our services, as well as to comply with legal obligations arising from such activities.

d. Send commercial advertising communications by email, social networks or any other electronic or physical systems, if you have expressly consented to the sending of such commercial communications. If You have registered in our customer database, we may send You commercial information related to our services without requiring your consent.

e. Communicate with you to answer your queries and handle your complaints.

f. Communicate with you to obtain your opinion about the quality of our Hotel, services or treatment received.

g. Record the images captured by our video surveillance cameras to ensure the safety of guests and personnel security reasons. These images may be transferred to the Police or the Courts at their request.

h. Likewise, the data collected during your browsing is processed in order to provide access to the online content of the website, as well as to respond to requests from users of the website, keep a record of statistical visits (IP addresses, browser data, country, page accessed, etc.) in order to help us develop better services and products, optimize our offer and provide a more effective customer service and improve the design and content of our websites.

i. The data of our customers and suppliers will be processed, within the contractual relationship that binds them to us, in compliance with the administrative, tax, accounting and labor obligations that are necessary under current legislation.

j. Objection or revocation. You may object or revoke your consent to receive marketing communications at any time by following the instructions in the relevant marketing communication or by contacting us through our email gdpr@smartroomscompany.com

k. If you fill in any of the forms you will find on our website, it will be necessary to provide certain personal data, which will be processed for the purpose for which they are requested.

 

In accordance with current regulations, we inform you that our Company does not carry out SPAM practices, therefore, does not send commercial mailings by e-mail if it does not have the necessary legitimacy. In any case, you will always have the possibility to withdraw your consent to receive our communications.

 

Public Content. We may disclose public content, such as reviews or testimonials, to other consumers for commercial advertising purposes. For example, we may post user reviews on our Site.

We will not process your personal data for any other purpose than those described in this Policy, except by legal obligation or Court order.

Your personal data will not be subject to decisions based on automated processing that produce effects on you.

 

3-WHAT IS THE LEGAL BASIS FOR THE PROCESSING OF YOUR DATA?

The legal basis for the processing of your personal data may be:

  • Performance of a contract: this is when the processing of your personal information is necessary to perform our obligations under a contract. E.g. Performance of contract for the individual with the guest booking the room
  • Legal obligation: this is when we are required to process your personal information in order to comply with a legal obligation, such as keeping records for tax purposes or providing information to a public body or law enforcement agency, or in relation to the systems for prevention of money-laundering. E.g Legal obligations relating to financial transactions such as the obligation to maintain books and records.
  • Legitimate interests: we will process information about you where it is in our legitimate interest in running a lawful business to do so in order to further that business, so long as it doesn’t outweigh your interests. E.g legitimate interests for the individual booking the room, for example, honoring his/her preferences, as well as for any individuals accompanying the primary guest (e.g., spouse, children, friends)

Your express consent: in some cases, we would ask you for specific permission to process some of your personal information, and we will only process your personal information in this way if you agree to us doing so. such as collecting information regarding dietary preferences that the guest chooses to provide. You may withdraw your consent at any time by contacting us at gdpr@smartroomscompany.com

The legal basis for the processing of the personal data of our suppliers is based on the contractual relationship that is generated when we contract with them. The legal basis for the processing of the data of our employees is based on the employment relationship.

 

Curriculum Vitae (CV)

We inform you that in accordance with the provisions of the personal data protection regulations in case you send your CV to our Company, it will be stored and processed in order to participate in the Staff selection processes carried out by us. The legal basis that legitimizes our processing is your expressed consent by voluntarily sending us your CV.

Likewise, we inform you that your CV shall be erased, and we shall not keep any copies, in case your profile does not match any of the positions offered by the Company. If your profile could potentially be interesting for the Company, your CV will be retained for a maximum period of two years for future Staff selection processes. After this period has elapsed without being selected for any process, it shall be erased, and we shall not keep a copy or keep any of your personal data although if it is in our interest, we could request an updated version.

 

Commercial Information

If you provide us with your e-mail address and accept this privacy policy, we inform you that we will be able to carry out the following activities and/or actions, unless you indicate otherwise:

- The sending of any information, including commercial information about news, projects, investments, etc. and all information related to our activities or services contracted by our customers. The legal basis that legitimizes this data processing is our legitimate interest in the business relationship established with you.

 

4. DATA RETENTION. ¿How long shall we keep your personal data?

We will retain your Personal Data for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law.

The personal data you provide us shall be kept for the time necessary to manage the information you request, or if there are contractual obligations deriving from services or content requested by Users and subsequently until the expiration of legal, contractual or professional responsibilities that require its retention.

The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services)
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period before we can delete them)
  • Whether retention is advisable considering our legal position (such as, for statutes of limitations, litigation, or regulatory investigations)

Once the data has met the needs for which it was collected, we will delete it permanently. However, we will keep your data longer, if necessary, to comply with legal obligations. Likewise, it may be necessary to keep them for the time necessary until the prescription of the legal responsibilities that are generated.

If we have your e mail in our database for the sending of commercial information, it will be kept if the necessary legal basis that legitimizes its conservation and use is maintained. You have the right to obtain from us the erasure of personal data concerning to your data at any time in order not to receive commercial information.

 

5. DATA RECIPIENTS

Our goal is to provide you with the highest level of hospitality and Services, and to do so, we may share Personal Data and Other Data with the following:

Your Personal Data will be processed by duly authorized personnel, and, if necessary or practical to fulfill the purposes indicated above, they may be processed, in certain cases, by third parties.

 

Our goal is to provide you with the highest level of hospitality and Services, and to do so, we may share Personal Data and Other Data with the following:

a. Data processors, such as IT providers, consultants and consultants and other companies.

b. Public entities and Authorities, exclusively for the purpose of complying with legal and regulatory obligations, as well as the requirements of the police authorities if is requested.

c. Other suppliers to whom, where appropriate, your personal data may be transferred, when is necessary for our normal operation, as financial institutions, insurers, among others.

d. When necessary for operational reasons, with the companies Smart Rooms Company, SL and The Net Revenue, SL or of the SOGAMAN GROUP, By making a reservation, visiting, or staying at a Red 18branded property or using any SMART ROOMS Group branded service, you understand that we transfer your Personal Data globally.

 

All of them are subject to the duty of professional secrecy, act in compliance with a legal obligation or act as data processors.

In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Data.

 

6.  RIGHTS ¿what are your rights when you provide us with your data?

If you wish to exercise the rights that the data protection regulations grant you, please send us an e-mail to the following address gdpr@smartroomscompany.com putting in the subject the right you want to exercise and attaching a copy of your national identity document or passport.

The Rights that the current regulations recognize and that, where appropriate, may be exercised are:

 

Right of access to data:

You have the right to be informed by the Data Controller if your personal data is being processed or not, and if the process is confirmed, you shall be able to access it by providing the following information:

-The purposes of processing.

-The categories of data.

-The term or criteria for data retention.

 

Right to rectification:

You will have the right to order the Data Controller to rectify your data when they are inaccurate or incomplete by means of an additional rectifying statement.

 

Right of Erase:

The data subject will have the right to Data Controller erasing their data, when:

 -The processing is illegal.

-The data subject has withdrawn their consent.

-They are no longer necessary in relation to the purposes for which they were collected or processed.

-The data subject has exercised the right of opposition and other legitimate reasons for the processing do not prevail.

-The data must be erased to fulfill a legal obligation of the Data Controller.

 

The data subject will not have the right for the Data Controller to erase their data when the processing is necessary:

 

-To exercise the right to freedom of expression and information.

-To fulfill a legal obligation of the Data Controller.

-For the preparation, exercise or defense of claims.

-For public interest based on current legislation for public health reasons or for historical, statistical or scientific research purposes.

 

Right to data portability:

You have the right for the Data Controller to transfer your data to another Data Controller or to the same data subject, through a structured format of habitual use and mechanical reading, when the processing is carried out by automated means and is based on:

-The consent of the data subject for specific purposes.

-The execution of a contract or pre-contract with the data subject.

 

The right to data portability will not apply when:

-The transmission is technically impossible.

-It can negatively affect the rights and freedoms of third parties.

-The processing has a public interest mission based on current legislation.

 

Right to restriction of processing:

1.The data subject shall have the right to obtain from the Data Controller restriction of processing where one of the following applies:

- the accuracy of the personal data is contested by the data subject, for a period enabling the Data Controller to verify the accuracy of the personal data;

- the processing is unlawful, and the data subject opposes the erase of the personal data and requests the restriction of their use instead;

- the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims;

- the data subject has objected to processing, pending the verification whether the legitimate grounds of the controller override those of the data subject.

2.   Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.

3.   A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.

 

Right of opposition:

The data subject shall have the right to object to processing of personal data, on grounds relating to his or her situation, at any time. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.

Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

 

Right not to be subject to profiling:

The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, mainly when is referred to the following personal aspects:

-Professional performance.

-Economic situation.

-Health.

-Preferences or personal interests.

-Reliability.

-Behavior.

-Location or movements of the person.

 

When profiling is based solely on automated processing:

-The data subject will have the right to be informed if the decision that can be taken could have legal effects that significantly affect him.

-The data subject will have the right to obtain human intervention from the Responsible, to express their point of view and to challenge the decision, if the processing has been authorized by:

-The explicit consent of the data subject.

 -A contract between the Responsible and the data subject.

 

It will not apply to the right not to be subject to profiling when the decision that can be taken as a result of it is authorized by:

This right shall not apply if the decision:

- is necessary for entering, or performance of, a contract between the data subject and a data controller;

- is authorized by European Union or Member State law to which the controller is subject, and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests; or

- is based on the data subject's explicit consent.

Notice for California Residents

Customers who reside in California and have provided their Personal Data to us can request, once per calendar year, information about our sharing of certain categories of Personal Data to third parties and within SMART ROOMS Group, for direct marketing purposes. Such requests should be submitted to us at gdpr@smartroomscompany.com.

Notice for Nevada Residents

To exercise your individual rights under the Nevada Privacy Law (NRS Ch. 603A, Sec. 2(2)), please submitted to us at gdpr@smartroomscompany.com

 

7- SUPERVISORY AUTHORITY:

If you consider that SMART ROOMS. has violated any of your rights protected by the personal data protection regulations or that it has violated any obligation regarding the protection of Personal Data, you have the right to submit a claim to the competent Supervisory Authority of your state or Country.

 

8. GOVERNING LAW AND JURISDICTION

This privacy policy is governed in each and every one of its extremes by Florida Regulations and according to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons in regard to the processing of personal data and the free circulation of this data.

Any dispute arising from matters relating to the Site shall be exclusively subjected to the jurisdiction of the courts of the city of Barcelona (Spain)

 

9. ADDITIONAL INFORMATION

SECURITY MEASURES:

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Data. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us.

The data you provide will be processed confidentially by SMART ROOMS has adopted all the technical and organizational measures and all the necessary levels of protection to guarantee the security in the processing of the data and avoid its alteration, loss, theft, processing or unauthorized access, according to the state of technology and nature of the stored data. Likewise, it is also guaranteed that the processing and registration in files, programs, systems or equipment, premises and centers comply with the requirements and conditions of integrity and security established in current regulations.

We use reasonable safeguards to protect personal information against loss and theft, including encryption technology, restricted access, “firewalls,” and Secure Socket Layers (SSL). However, security over the internet cannot be guaranteed. Our Company does not assume any responsibility for any harm, loss, or damage you may experience or incur by the sending of personal or confidential information over the internet, and you should take your own measures to protect your sensitive information. If you have any questions about the security of our Site, contact us through gdpr@smartroomscompany.com

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the preferences or settings page of your web browser.

LANGUAGE

The language applicable to this Privacy Policy is English. Therefore, in case there is any contradiction in any of the versions we could provide in other languages, the English version will prevail.

 

10. UPDATE

This Privacy Policy was last updated in January 2022 but may be updated at any time. We recommend that you check it every time you access our page in case you have suffered alterations.

 

Accesibilidad

UmaHouse by Yurbban se compromete a facilitar la accesibilidad y usabilidad de su sitio web, a las personas con discapacidades sensoriales. Para ello, UmaHouse by Yurbban implementa la herramienta Userway Management, con las siguientes funcionalidades, vigentes en la normativa actual del W3C (Wide Web Consortium's Web Content) para alcanzar el Nivel AA:

- Lector de pantalla

- Contraste +

- Contraste inteligente

- Enlaces destacados

- Texto más grande

- Espaciado del texto

- Animaciones de pausa

- Dislexia / Fuentes legibles

- Cursor grande

- Información sobre herramientas

- Estructura de la página

- Altura de la línea

- Alineación del texto

- Saturación

Si tiene cualquier otra duda, póngase en contacto con southbeach@umahouse.com o con el +1 (305) 390 1184 y uno de nuestros representantes le ayudará.