Privacy StatementYour Privacy is Important to Lotus Management, Inc.
At Lotus Management, Inc. it is our mission to promote a contagious spirit of hospitality enriching the lives of our employees, our guests and our community, one experience at a time.
We are committed to maintaining trust and confidence to all of our guests, whether you visit our website or stay at one of our properties, your privacy is important to us.
Hotel is committed to safeguarding your privacy while visiting the Hotel website, (hereinafter all identified URLs are collectively referred to as the "Site"). Our goal is to provide you with an Internet experience that delivers the information, resources and services that are most relevant to you. To achieve this goal, part of the operation of the site includes the gathering of certain types of information about site users.Because we understand that your privacy is important, we wish to explain the types of information we gather and the way in which we use it.
WHAT INFORMATION IS COLLECTED ABOUT YOU? HOW DO WE USE IT?
INFORMATION COLLECTED ON THE SITE MAY BE USED TO:
Register you as a hotel member
Plan and purchase hotel accommodations
Enter your email in our promotions or sweepstakes
Send marketing communications or surveys to you
Respond to your questions or suggestions
Improve the quality of your visit to our site
You will be provided with an opt-out button to allow you to choose not to participate in Hotel lists and future online marketing. In deciding whether or not to join such lists, please note that they are only used for Hotel purposes or in joint promotions with a Hotel partner. You may request to be removed from our lists at any time. All emails distributed to our lists will contain easy, online access to unsubscribe. We do not sell or rent any of your personal information to any outside parties, or use it for unapproved commercial purposes. Your personal information might be accessed by vendors who contract with us to provide data management and other services; all such vendors agree to maintain the security and confidentiality of users' information.
PERMISSION FOR USE
If you decide to make an online reservation at the Site, you will be linked to a reservation interface and a third-party booking engine (Booking Engine). While it appears to be part of our site, the Booking Engine is in fact provided by a third party and is governed by its privacy practices.
PROTECTING YOUR INFORMATION
We would like our Site visitors to feel confident about using the Site to plan and purchase their accommodations, so Hotel is committed to protecting the information we collect. Hotel has implemented a security program to keep information that is stored in our systems protected from unauthorized access.
Our Site is hosted in a secure environment. The Site servers and systems are configured with data encryption, or scrambling, technologies, and industry-standard firewalls. When you enter personal information during the reservation process, or during a customer email sign-up, your data is protected by Secure Socket Layer (SSL) technology to ensure safe transmission.
WITHDRAWING CONSENT TO USE
USE OF AGGREGATED DATA
Lotus Management, Inc. is interested in improving the Site and may develop and offer new features and services. We monitor aggregated data regarding use of the Site for marketing purposes and to study, improve and promote use of the Site. In connection with such purposes, the hotel may share aggregated data with third parties collectively and in an anonymous way. Disclosure of aggregated data does not reveal personal information about individual Site users in any way that identifies who they are or how to contact them.
Notwithstanding anything else in this Policy, Hotel may monitor and, when we believe in good faith that disclosure is required, disclose information to protect the security, property, assets or rights of Hotel or any other person from unauthorized use or misuse. Further, Hotel may disclose information when required by law, to the extent reasonably necessary and in a manner that seeks to maintain the privacy of the individual.
To enable features at the Site, the hotel may assign one or more "cookies" to your Internet browser. Cookies, among other things, speed navigation through our Site, keep track of information so that you do not have to re-enter it each time you visit our Site, and may provide you with customized content. A cookie is an Internet mechanism composed of a small text file containing a unique identification number that permits a web server to send small pieces of information or text by means of your browser and place them on your computer's hard drive for storage. This text lets the web server know if you have previously visited the web page. Cookies by themselves cannot be used to find out the identity of any user.
CHILDREN'S PRIVACY & PARENTAL CONSENT
LINKS PROVIDED TO OTHER SITES
We may provide links to other web sites that we believe might offer you useful information and services. However, those sites may not follow the same privacy policies as us. Therefore, we are not responsible for the privacy policies or the actions of any third parties, including without limitation, any web site owners whose sites may be reached through this Site, nor can we control the activities of those web sites. We urge you to contact the relevant parties controlling these sites, or to access their online policies for the relevant information about their data collection practices before submitting any personal information or other sensitive data.
NOTICE TO CALIFORNIA RESIDENTS
Under the California Consumer Privacy Act, you have the right to:
Submit a request for a description of the Personal Information we collect about you and submit a request for a description of how we share your Personal Information. We will not charge or discriminate against you in connection with any such request. You may submit your request by calling (408) 912-5118 ext. 107 or by emailing email@example.com.
Under California law, California residents may request a list of all third parties to whom we have disclosed certain personal information (as defined by California law) during the preceding year for those third parties' direct marketing purposes. If you are a California resident and would like to receive such a list, please contact us at 6030 Hellyer Avenue Suite 150 San Jose, CA 95138. For any such request, include the statement Your California Privacy Rights in the body of your request, as well as your name, street address, city, state, and zip code. Alternatively, you may make your request by calling (408) 912-5118 ext. 107 or by emailing firstname.lastname@example.org.
You also have the right to have your personal information deleted, by mailing us at 6030 Hellyer Avenue Suite 150 San Jose, CA 95138. Include the statement Your California Privacy Rights in the body of your request, as well as your name, street address, city, state, and zip code. Alternatively, you may make your request by calling (408) 912-5118 ext. 107 or by emailing email@example.com. For any of the foregoing requests, you must attest to the fact that you are a California resident and provide a current California address for our response. We may require additional information to verify your identity.
POLICY MODIFICATIONS & CONTACTING HOTEL
Lotus Management, Inc.
6030 Hellyer Ave. Suite 150, San Jose, CA 95138
Phone: (408) 912-5118
GDPR Privacy Statement
If you are in the European Economic Area and we collect personal data relating to you in the context of the offering of goods or services, even if provided free of cost, or if we collect data when monitoring your behavior which takes place within the European Economic Area, your personal data will be subject to Regulation (EU) 2016/679 (General Data Protection Regulation, GDPR).
In this Privacy Statement we, Lotus Management, Inc. (We) will inform you about how we process and use personal data which is subject to the GDPR and on the specific rights you have in connection with your personal data which is subject to the GDPR.
Please note that this Privacy Statement applies only to personal data which is subject to the GDPR and therefore expressly does not apply to (a) data which is not personal data such as data on corporations or other legal entities, and (b) personal data not falling within the scope of the GDPR such as personal data of data subjects who are not in the European Economic Area.
Processing in the Context of Visiting our Website | Information We Collect
When you visit our website, our web server will temporarily record the domain name or IP address of the requesting computer, the access date, the file request of the client (file name and URL), the HTTP response code and the website from which you are visiting us, the number of bytes transferred during the connection and, if applicable, other technical information that we use and statistically evaluate for the technical implementation of the website's use (delivery of the content, guaranteeing the website's functionality and security, protection against cyberattacks and other abuses).
It is necessary to store and process the information referred to above for the duration of your session in order to deliver our website content to your computer. We also store some of this information in the log files of our servers. We will not combine this information with your IP address or other personal data relating to you except as disclosed below.
This processing will take place for the fullfilment of the existing contract of use with you, as far as it serves the purpose of the technical implementation of the website's use (legal basis for processing: Art. 6 no. 1 lit. b) of the GDPR) and to otherwise protect our legitimate interest in making our website as user-friendly, safe and attractive as possible and in promoting the sale of our products and services (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR). We will assume that your interests do not conflict with this, because the measures described below are taken in order to limit processing to an appropriate degree.
We will also use the data described above to draw conclusions about your interests from your use and to adapt our website's offerings according to your interests (profiling) in order to make our website as user-friendly, safe and attractive as possible and thus promote the sale of our products and services. We do this for the preservation of our aforementioned legitimate interests (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR) and, where applicable, on the basis of your consent as described below (legal basis for processing: Art. 6 no. 1 lit. a) of the GDPR). For further information please refer to the following Section.
Cookies, Analysis and Tracking
Types of Cookies
There are two different types of cookies used:
Session Cookies: Also called transient cookies, are cookies that are temporarily stored in your browser for the duration of a browser session, and they typically will store information in the form of a session identification and no further information personally identifying you.
Persistent Cookies: Also called permanent or stored cookies, are cookies that are stored on your hard drive until they expire (persistent cookies are set with expiration dates) or until you delete the cookie. Persistent cookies are used to collect identifying information, such as web surfing behavior or user preferences for a specific web site.We employ the following types of cookies:
Targeting / Advertising Cookies
These cookies are a mixture of first party cookies, which we set ourselves, and third-party cookies, which are set by other websites.
Personalization For example, your language preference is remembered.
Session Management - To ensure that your session is routed to the correct system for the duration of your visit.
AB Testing / Multivariate Testing - We can display multiple versions of a page to a user to assess which generates the best user experience.
Advertising - We can display advertising content depending on location, language, and your past browsing history.
We use a number of cookies which are strictly necessary to allow you to access our websites, to move between pages and to receive services which you have requested. The types of data collected are:
IP address, and information generated from anonymized IP address that includes
a computer host name, geographic location, time of visit, webpage URL, referring website, security tokens (for authentication and information submission, like RFP forms).
We use functionality cookies to allow us to remember your preferences. For example, cookies save you the trouble of selecting your language or currency every time you access the website and recall your customization preferences.
We utilize other cookies to analyze how our visitors use our websites and to monitor website performance. This allows us to provide a high-quality experience by customizing our offering and quickly identifying and fixing any issues that arise. For example, we might use performance cookies to keep track of which pages are most popular, which method of linking between pages is most effective, and to determine why some pages are receiving error messages.
The following is an example of a functionality cookie which we use:
Adobe Website Analytics: Refer to Adobe Analytics for more details.
Targeting / Advertising Cookies
In order to maximize your user experience, we collect, analyze and store information such as time on site, pages visited, bookings initiated and completed, traffic type (paid, organic, etc.), geographic and demographic information and web browser and device type in order to offer you more relevant content when you re-visit our sites. In order to protect your privacy, this information is processed to make it less personally identifying, e.g. IP addresses are truncated (the trailing octet of the IP address is replaced with 0's) before geo-coding and storing, email addresses and other personally identifying information is hashed in an irreversible manner etc.
We also allow certain third-party advertisers and partners to collect information about your use of the website through first and third-party cookies in order to serve adverts to you. They may also analyze this data in order to serve adverts to you on other third-party websites.
We also work with advertisers in order to display our advertisements on third party websites, based on cookies set on your visit to this website. Advertising/targeting cookies may also be used to track your responses to particular adverts, which helps advertisers ensure that you see the most relevant advertisements in future on third party websites.
The following is an example of a targeting/advertising cookie which we use:
DoubleClick: These cookies may also be used by advertisers to allow third parties to serve advertisements to you when you are on other sites. These ads may be adapted to be relevant to you based on your use of the website. This is done on an anonymized basis, using non-personally identifiable information. The types of data used include online identifiers, including cookie identifiers, IP addresses and device identifiers, imprecise location data (based on your IP address) or precise location data (if you have set your system to allow transmission of geolocation information), and client identifiers.
Types of targeting enacted based on cookies include:
Demographics: Target ads based on how well products and services trend with users in certain locations, ages, genders, and device types.
In-market: Show ads to users who have been searching for products and like-services.
Custom intent audiences: Choose words or phrases related to the people that are most likely to engage with sites and make purchases by using "custom intent audiences."
Similar audiences: Target users with interests related to those on remarketing lists.
Remarketing: Target users that have already interacted with our ads, website, or app.We do not control the information collected by such partners or advertiser in connection with our website or the further use of information we may provide to them for the aforementioned services, and they do not process such data on our behalf. Only the data protection policies of those third parties as the respective controllers of such data will apply to their processing of such data.
Please see example sites for more information about specific advertisers and their data policies:
We track and analyze your online behavior in order to protect our legitimate interest in making our website as user-friendly, safe and attractive as possible and in promoting the sale of our products and services (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR). We will assume that your interests do not conflict with this, because the information collected through cookies is pseudonymized. You can prevent or restrict the storage of cookies on your hard disk by setting your browser not to accept cookies or to request your permission before setting cookies. Once cookies have been set, you can delete them at any time. Please refer to your browser's operating instructions to find out how this works. If you do not accept cookies, this can lead to restrictions in the use of our service.
Data Retention and Deletion
Log files are deleted after 120 days. Session cookies expire and are deleted at the end of your browser session. Persistent cookies may be set to expire from 30 days to 1 year depending on the function of the cookie. After expiry of those periods' information will be deleted or made anonymous.
Use of Adobe Analytics
Our website uses Adobe Analytics, a web analysis service of Adobe Systems (https://www.adobe.com/about-adobe.html), 345 Park Avenue, San Jose, CA 95110-2704, USA ("Adobe").
You can find further information on how Adobe uses information from sites or apps that use its services here: https://www.adobe.com/privacy/marketing-cloud.html
Adobe Analytics uses so-called cookies, which are text files placed on your computer, to help the website analyze how users use the site (see Section 4.1). The information generated by the cookie about your use of this website such as
browser type and version
operating system of your computer
referrer URL (i.e. the page last visited)
host name of accessing computer (IP address)
date and time of server request
Information is transferred to an Adobe server and stored there. In order to render the information stored on Adobe's servers not personally identifying, we use Adobe Analytics with activation of the settings, Before Geo-Lookup: Replace visitor's last IP octet with 0. By activating, Before Geo-Lookup: Replace visitor's last IP octet with 0 we ensure that the user's IP address is anonymized by replacing the last eight digits by zero prior to geo-localization. For statistical analysis the imprecise location of the user is added to the tracking package which includes the IP address.
We use Adobe Analytics for the purposes set forth and for the preservation of our legitimate interest described therein (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR) and, where applicable, on the basis of your consent as described (legal basis for processing: Art. 6 no. 1 lit. a) of the GDPR).
HEBS Digital has concluded a contract processing agreement with Adobe Systems Ireland, Limited to ensure that personal data is processed only on our behalf and in accordance with our instructions. The contract processing agreement with Adobe contains guarantees for an adequate level of protection in the form of Adobe's participation in the Privacy Shield Program.
Information on Other Processing Operations | Processing in the Context of Newsletters
If you register via our website or by other means to receive electronic newsletters, we will store and process your registration data (the registration form will show you which registration data we collect and store and whether entries are mandatory or voluntary) for an unlimited period of time until you unsubscribe or we cancel the newsletter dispatch in order to fulfil the existing contract with you for the receipt of the newsletter (legal basis for processing: Art. 6 no. 1 lit. b) of the GDPR). The IP address assigned to you by the internet service provider (ISP), and the date and time of registration will also be stored when you register. The purpose of this is to protect our legitimate interest in preventing and, if necessary, prosecuting misuse of our services (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR). In addition, we will store and process your consent to receive the newsletter for the retention period specified below. This serves to protect our legitimate interest in being able to prove in the event of a dispute that you wished to receive the newsletter (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR).
After termination of your registration for the receipt of newsletters, we will retain the registration data, the IP address, date and time of registration and your consent for up to six months. This serves to protect our legitimate interest in being able to restore this data in the event of unintentional deletion; or in establishing, exercising, or defending legal claims in connection with the registration for, and consent to, receipt of newsletters (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR). We will assume that your interests do not conflict with this, because the retention period is appropriate with respect to the interests to be protected.
The registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary to prevent unauthorized use of your e-mail address by another person.
Processing in the Context of Registration or Use of the Contact Form
If you register on our website and create a user account (the registration form will show you which registration data we collect and store and whether entries are mandatory or voluntary), all personal data collected in connection with this user account will be stored in this user account until you request to delete the user account or until we cancel the user account for the performance of our contractual relationship on use of the respective website or web service (legal basis for processing: Art. 6 no. 1 lit. b) of the GDPR). The IP address assigned to you by your internet service provider (ISP), and the date and time of registration will also be stored when you register. The purpose of this is to protect our legitimate interest in preventing and, if necessary, prosecuting misuse of our services (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR).
After de-registration of your user account, we will retain all data for up to six months. This serves to protect our legitimate interest in being able to restore this data in the event of unintentional deletion; or in establishing, exercising or defending legal claims in connection with our contractual relationship (legal basis for processing: Art. 6 no. 1 lit. a) of the GDPR). We will assume that your interests do not conflict with this because the retention period is appropriate with respect to the interests to be protected.
Our website contains a contact form which you can use to submit communications to us. When submitting information through the contact form, you are required to enter certain information which we will use for responding to your request. The contact form enables you to submit additional information on a voluntary basis.
If you provide us with personal data via the user account or the contact form for a purpose beyond the use of the website or respective web service, such as sending us an offer or product information, we will also store and process this data for this purpose. In order to find more information on how we store and process such data, you will need to refer to the Section of this Privacy Statement that is pertinent to the respective purpose.
Information on (Categories of) Recipients
Operation of Website By L.E.T. Group
Our website is operated on our behalf by L.E.T. Group, 19940 Mona Rd Suite 7, Tequesta, FL 33469. This means that our website (including your user account and registration information for newsletters) is physically hosted on servers operated for L.E.T. Group.
We have concluded a contract processing agreement with L.E.T. Group to ensure that the website is operated, and personal data is processed, only on our behalf and in accordance with our instructions. [The contract processing agreement contains guarantees for an adequate level of protection in the form of incorporation of the standard data protection clauses adopted by the Commission for this purpose.]
General Information on Recipients, Categories of Recipients and Transfers
All of our servers and databases may be operated, maintained or further developed by additional processors or other contractors. They may have access to your data. Where we store and process data for the performance of contracts, we may pass this data on to agents and contractors we employ for such performance (e.g. to carriers for transportation purposes).
Where we store and process data for communication with you, we may use additional processors or contractors in order to process or transmit electronic or paper correspondence with you (e.g. letter shops, mailing service providers), who will then have access to your data.
We will transfer your personal data to competent law enforcement, regulatory or other authorities, institutions or bodies if we are legally obligated to do so (legal basis for processing: Art. 6 no. 1 lit. c) of the GDPR) or if we have a legitimate interest in averting coercive measures of such authorities, institutions or bodies within the scope of their legal responsibilities (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR). Such legally required or necessary transmissions are not the subject of this Privacy Statement.
Information on Retention Periods
You will need to inform the data subjects how long you will retain their data. This information could be provided as follows:
General Information on Retention Periods and Anonymization
Our data retention and deletion takes account of the principle that personal data should be retained for limited periods even after the storage purpose has become obsolete, in order to preserve our legitimate interest in preventing unintentional deletions, in enabling the establishment, exercise or defense of legal claims and in rendering the administration of retention and deletion periods practicable (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR). We assume that your interests do not conflict with this, because these additional retention periods are appropriate with respect to the interests to be protected.
Unless detailed information on deletion periods has already been provided above, the following general deletion periods will apply in accordance with our data retention and deletion policy. Where data fall under several different deletion periods, the longest will always apply:
We will retain customer data for the duration of the customer relationship. After the end of the customer relationship such data will continue to be retained for as long as these data are necessary for the maintenance of the customer account and for the administration of documents or data relating to the customer which fall into any of the categories identified herein below. Otherwise, customer data will be deleted after expiry of 1 year.
For compliance with the statutory retention period for commercial letters and tax documents we will retain correspondence, invoices, and other booking documentation for 7 years. We will retain contract-related data and documents for 7 years after the end of the contractual relationship in view of the statutory limitation period for claims and statutory document retention obligations for booking receipts.
If the term erasure or "deletion" is used in this Privacy Statement, we reserve the right to anonymize the relevant data record, such that it can no longer be assigned to you, instead of complete deletion.
Anonymized data may be processed and used by us and our processors for an unlimited period. The processing and use of anonymized data is not subject to the GDPR and is not the subject of this Privacy Statement.
Information on Data Subject Rights
You as the data subject have certain rights with regard to your personal data, which we will explain to you below:
Right of Access and Information (Art. 15 of the GDPR) - You have the right, where the statutory requirements are met, to request from us at any time, at no cost, confirmation as to whether personal data relating to you is being processed, a copy of this data and comprehensive information on this personal data. This right extends in particular, without limitation, to the purposes of processing, the categories of personal data being processed, the recipients, the storage period and the origin of the data.
Right to Rectification (Art. 16 of the GDPR) - You have the right to request us to rectify incorrect and incomplete personal data concerning you without delay, where the statutory requirements are met.
Right to be Forgotten (Art. 17 of the GDPR) - You have the right to demand from us the immediate deletion of personal data concerning you, where the statutory requirements are met, if, among other reasons, their storage is no longer necessary or unlawful, if you withdraw your consent on which their storage was based, if you have validly objected to their storage in accordance with below Sections, if we are obligated to delete them for any other reason or if the data were collected as part of a web service. If we have made the data public, in addition to deletion of the data, we must also inform other controllers in such cases that you have requested the deletion of this data and all references thereto, insofar as this is reasonable in view of the available technology and the implementation costs. The above obligation does not apply in certain exceptional cases, in particular storage for the purpose of establishing, exercising or defending legal claims.
Right to Restriction of Processing (Art. 18 of the GDPR) - You have the right to request us, where the statutory requirements are met, to restrict the processing of personal data relating to you, for example if you dispute their accuracy, the storage is no longer necessary or is unlawful and you still do not wish to have it deleted or if you have filed an objection to the processing (see below) as long as it has not yet been established whether our legitimate reasons outweigh yours.
Right to Data Portability (Art. 20 of the GDPR) - If automated processing of personal data occurs solely on the basis of your consent or to fulfil a contract with you or to implement pre-contractual measures, you have the right to require us, subject to statutory requirements, to make available the personal data in relation to yourself that you have provided to you or to a third party you designate, if this is technically feasible, in a structured, current and machine-readable format and not to impede its transfer to a third party.
Right of Objection (Art. 21(1) of the GDPR) - You have the right to require us, where the statutory requirements are met, to no longer process personal data relating to you which we process for the performance of a task which is in the public interest or for the protection of our legitimate interests or those of a third party, if you object to such processing for reasons which arise from your particular situation. In this case we must desist from further processing unless there are compelling grounds for processing which outweigh your interests, or the processing is carried out for the establishment, exercise or defense of legal claims.
Right of Objection to Direct Marketing (Art. 21(2) of the GDPR) - You can object to the further processing of your personal data for direct marketing purposes at any time, and we will consequently refrain from processing them for this purpose. This also applies to profiling insofar as it is associated with such direct marketing.
Automated Decisions (Art. 22 of the GDPR) - We will not make any decisions without your consent which produce legal effects concerning you or similarly significantly affect you and that are based exclusively on automated processing (including profiling).
Consents - If you consent to processing, this is voluntary, unless we inform you otherwise in advance, and the refusal of consent will not be sanctioned. You can withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Processing on a legal basis other than your consent will also be unaffected by such withdrawal. However, you may also exercise the above statutory rights in this respect (e.g. the right of objection as described above). In particular, you may withdraw any consent to the use of your e-mail address or telephone number for direct marketing at any time and may object to any further use of your e-mail address or telephone number for this purpose at any time, free of charge (other than communication costs payable to your provider).
Right to Lodge a Complaint - You have the right to lodge a complaint with a supervisory authority. This may include, among others, the supervisory authority responsible for your place of residence or the supervisory authority generally responsible for our representative (See above).
Contact - You can contact us in any form to exercise your rights, in particular to withdraw any consent you may have given. You may be required to identify yourself to us as a data subject to exercise your rights.
Changes to this Privacy Statement
In the event of future changes to this Privacy Statement, you can retrieve old versions and information on the periods for which they were valid by contacting us.
Updated January 2023