Last Updated: September 21, 2023

NOMADE PEOPLE LLC and TRIPLE  S  LOGÍSTICA  SAPI  de  CV  (hereinafter collectively referred to as “Be  Tulum”)  takes  the  issue  of safeguarding your privacy seriously. Our Privacy Notice describes what information we collect from or receive about hotel guests (the “Guests”) as well as visitors to Be Tulum website, that post, refer or are otherwise subject to this Privacy Notice, and the way in which Be Tulum uses this information to better serve your needs.

References to “we”, “us”, “us” and “our” refer to Nomade People LLC, its affiliates, and the hotels under their operation (collectively, the “Nomade Group”). A list of members of the Nomade Group referred to in this Privacy Policy can be found at this link.

What personal information do we collect?

Personal information is any information that may identify or relate to you as an identifiable individual. The personal information that we collect or receive about you could include the following categories of information:

• Identity information – such as name, age, gender, passport information or data from government-issued identity cards or from your accounts created on our website;
• Contact information – such as your home address, zip/postal code, email address and phone number;
• Images –  such  as  CCTV  images,  publicly  available  photographs  and  images captured at events or during your stay;
• Financial and payment information – such as your credit card details, itemized spending, billing address, and transaction history;
• Reservation information – such as the type and location of the rooms you reserve and the dates of your reservations;
• Health information – where disclosed and relevant to the provision of services;
• Preference information  –  such  as  special  requests,  service  issues  and  other preferences for your stay;
• Public information – such as when we review public platforms to understand what you are saying about us or the hospitality industry;
• Technical information – such as information about the device you use to interact with us  (including  the  unique  device  id entifier,  hardware  model,  IP  address, geolocation, operating system and version); and
• Correspondence information – when you contact us, such as to send an enquiry or make a request, any correspondence or application may be kept and added to your personal information.

How do we use your personal information? 

For each of the categories of personal information described above, we use your personal information for the following purposes:

• to enable you to use our website;
• to help us recognize or identify you and any accounts or profiles you hold with us, for instance as a visitor to our website, or as a Guest;
• to provide superior customer service to you;
• to assist us in making your reservation and providing the services you request at any of our properties;
• to process  transactions  through  our   website  (including  taking  payment  for purchases you may make through our website) and to assist in any inquiries about your transaction;
• for billing purposes in relation to your stay with us;
• to confirm prior transactions and reconcile statements or invoices;
• to consolidate your accounts on our website;
• to contact you in relation to matters that arise from your stay with us ;
• to send you newsletters or marketing communications regarding our prop erties or products and to advise you of promotions or to inform you of offers or other information that may be of interest to you, according to your preferences and applicable law;
• to personalize and enhance your online and guest ex perience;
• to contact you for conducting surveys or focus groups to receive your views of our properties and service delivery ( provided that a separately consent will be required from you before conducting the survey);
• to respond to a specific “Information Request” from you about one of our hotels, resorts or residential properties and deal with any other enquiries, correspondence, concerns or complaints you have raised;
• for marketing, advertising and promotional purposes, such as through one of our on-line promotions or on third party social networks, consistent with your preferences and applicable law;
• if you create an online profile or account on a website, to create a profile about you;
• to analyze customer trends and insights; and
• to operate our business, including for internal purposes such as auditing, data analysis, statistical and research purposes and troubleshooting to help us improve our services.

Occasionally we will combine information from a number of website visitors and Guests to better understand trends and your expectations. When this occurs, all customer identifiers are removed and the aggregate, anonymized information cannot be linked to any specific individual or household.

On what basis do we use your personal information?

We use your personal information on the following basis:

• to comply  with  legal  and  regulatory  obligations,  including  financial  reporting requirements imposed by government regulators and our auditors;
• to enter into agreements with you, and to perform our agreement to provi de services to you when you stay or otherwise engage with us;
• for legitimate business purposes – using your personal information helps us to operate and improve our business and minimize any disruption to the services that we may offer to you. It also allo ws us to make our communications with you more relevant and personalized to you, and to make your experience of our services more efficient and effective;
• because you have given your consent – at times we may ask for your consent to allow us to use your personal information for one or more purposes. See the “Your rights” section for more information about the rights that you have if we process your information on the basis of your consent;
• for purposes disclosed at the time you provide your personal informa tion or as otherwise set forth in this Privacy Notice; or
• for the establishment, exercise or defen se of legal claims or proceedings.

How and from what sources is personal information collected?

For each of the categories of personal information and purpose s described above, we gather information when you provide it to us, or interact with us directly, for example:

• when you create a profile or sign in to access an existing profile or account on our website;
• when you make a reservation online, by calling our Reservation Office (+52 984 689 0577); and
• during your stay at a hotel, including information provided during check -in

We  also  collect  your  personal  information  while  monitoring  our  technology  tools  and services, including comment cards and email c ommunications sent to and from Nomade Group.

Finally, we may collect your photograph from publicly available sources so that we can recognize you in order to provide you with superior customer service.

Transfer of Personal Information

Due  to the  global  nature  of  Be  Tulum  Group  operations,  we  may  disclose  Personal Information to personnel and departments in other entities whic h are part of the Be Tulum Group  to  fulfil  the  purposes  described  in  this  Notice.  This  may  include  transferring Personal Information to other countries (including countries other than where you are based that have a different data protection regime than is f ound in the country where you are based). If you are located in the European Economic Area (the “EEA”) this may include countries outside of the EEA. Some of these countries are recognized by the European Commission as providing an adequate level of protection according to EEA standards (the full list of these countries is available at  athttps://ec.europa.eu/info/law/law-topic/data- protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu- countries_en) while others are not. With re gard to transfers to other countries that do not provide an adequate level of protection according to EEA standards, we have put in place adequate  measures,  such  as  standard  contractual  clauses  adopted  by  the  European Commission, to protect your information. Access to Personal Information within the Be Tulum Group will be limited to those who have a need to know the information for the purposes described in this Policy. From time to time, we and other entities within the Be Tulum Group may need to make Personal Information available to other unaffiliated third parties. For a list of the categories of unaffiliated third parties, please see the Annex to this Notice. Some of the unaffiliated third parties will be located outside of your home jurisdiction, including in the United States and other jurisdictions that may not provide an adequate level of protection according to EEA standards. Third party service providers and  professional  advisors  are  required  to  protect  the  confidentiality  and  security  of Personal Information, and only use Personal Information for the provision of services to Be Tulum Group, and in compliance with applicable law.

Cookies and other data

We collect information automatically from you through the use of cookies, pixel tags and similar technologies, when you visit our website or read our emails, and we may use third party partners to collect this device and usage information. For example, we collect information about how you use our website, such as the pages you visit or links you click and if you use multiple devices, and information about the device you use, such as the IP address, device type, operating system, and a unique ID that allows us to uniquely identify a browser, mobile device or account (including, e.g., a persistent device identi fier or AdID), and other such information. If permitted by your device settings, we and our third party providers may collect location data through GPS, Wi -Fi or other methods to personalize and enhance your online experience and to improve the effectivene ss of our website, offers, advertising, communications and customer service. We collect analytics data or use third party analytics tools to help measure traffic and usage trends and to understand more about the demographics and behaviors of our users.

We, or our third party partners, may use the data collected through cookies and similar technologies to remember information so that you will not have to re -enter it during your visit or the next time you visit the  website; provide custom, personalized content and information; identify and contact you across multiple devices; provide and monitor the effectiveness of our website and perform analytics; diagnose or fix technology problems; detect or prevent fraud or other harmful activities, and otherwise to plan for and enhance our online properties and services.

We may also use third party advertising companies to serve advertisements regarding goods and services that may interest you when you access and use our website. To serve such  advertisements,  these  companies  place  or  recognize  a  unique  cookie  on  your browser (including through use of pixel tags).

How do we protect personal information?

We use a variety of physical, technical and administrative security measures and technologies to help preserve the  integrity and  security  of  your  personal  information, consistent with applicable data protection and privacy laws.

We endeavor to protect the privacy of your account and other personal information that we  hold  in  our  records,  but  unfortunately,  we  cannot  guarant ee  complete  security. Unauthorized access or use, hardware or software failure, and other factors, may compromise the security of user information.  Also, while we endeavor to put adequate contractual protections in place, we cannot guarantee the security of any personal information in databases hosted by third parties.

It is important to note that any e-mail communication is not secure. This is a risk inherent in the use of e-mail. Please be aware of this when requesting information or sending forms to us by e-mail. We recommend that you do not include any confidential information (e.g. credit card information) when using e -mail. For your protection, our e-mail responses to you will not include any sensitive personal information.

Finally, to be prudent, please be sure to always close your browsers when you are done using a form or the reservation site. Although the session will terminate after a short period of inactivity, it is best to close your browsers immediately upon completion, especially when using a public computer.

Your rights

Depending on applicable law, which may be determined by your country, region or state of residency, you may be able to exercise one or more of the following rights relating to our processing of your personal information. You m ay also have other rights under the laws of your jurisdiction of residence.

To protect your personal information, we may require that you prove your identity to us at the time your request is made. This may involve providing us with information which we hold on file about you (e.g. a home or business address), or we may require you to produce some form of photo or government issued identification.

Accessing, correcting or deleting your personal information

We understand that you may like to know what personal information we hold about you, or to correct or delete certain information we hold about you. We are happy to assist you with your request.

Be Tulum reserves the right to decline a request to access, correct or delete your personal information under certain circumstances as permitted by applicable law.   In particular, there may be a variety of legitimate business reasons why we may be unable to delete your personal information and where we are permitted to decline your request to delete your information.

Right to decline marketing communications

If you do not wish to receive marketing communications from Be Tulum, you may indicate your  wishes  on  your  registration  card  when  you  stay  with  us  or  send  an  e -mail to:  socialmedia@behoteles.com or to dataprivacy@nomade.com. You will always have the ability to accept or decline any form of communication from Be Tulum. You may unsubscribe from electronic marketing communications  at  any  time  by  selecting  the  “u nsubscribe”  link  included  in  such communications.  Please  note  that  you  may  not  be  able  to  opt  out  of  service -related communications (e.g., account verification, transactional communications, technical and security and notices).

Other rights

You may also be entitled to:

• request the restriction of the processing of your personal information, or object to that processing;
• opt out from the processing or disclosure of your personal information for direct marketing purposes;
• withdraw your consent to the processing of your personal information (where Be

Tulum is processing your personal information based on your consent); and

• request the receipt or transmission to another organization, in machine-readable form, of the personal information you have provid ed to Be Tulum.

Where you are given the option to share personal information with Be Tulum, you can always choose not to do so.

If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.

This could mean that we are unable to perform the actions necessary to achieve the purposes of processing described above (see ‘How do we use your personal information?’) or that you are unable to make use of the services offered by us.

After you have chosen to withdraw your consent, Be Tulum may be able to continue to process your personal information to the extent required or otherwise permitted by law.

If at any time you wish to exercise any of these rights, you can do so by contacting us:

• via e-mail at socialmedia@behoteles.com or to dataprivacy@nomade.com
• if you live in Mexico, at: Carretera Tulum Boca – Paila KM 10 Zona Hotelera Tulum, Tulum, Quintana Roo CP 77780

Attention: Eyesdi Ventura, Social Media Manager

Carr. Tulum Boca-Palla Km 10.5, Tulum Beach, Zona Hotelera, 7780 Tulum, QR, Mexico . You may make a request through an authorized agent (such as a lawyer).  We may request evidence of their authority to act on your behalf.

How long is my personal information retained?

Your personal information will be stored for the period of time required or permitted by law in the jurisdiction of any hotel holding the information. This may involve retaining information following your stay. We will delete your personal information once it is no longer reasonably necessary for any of the purposes described in this Privacy Notice.

We will also keep your personal information where we need to do so in connection with a legal action or an investigation involving Be Tulum.

Any financial information Be Tulum retains will be protected under the terms of this Privacy Notice and, where financing is arranged in the United States, under the Financial Services Modernization Act.

Updates to this Privacy Notice

We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the Last Update d date at the beginning of this Privacy Notice in our website; and will provide any other form of notice as may be required by law. All changes shall be effective from the date of publication unless otherwise provided.