The General Data Protection Law (GDPL) – Law No. 13.709/2018 – was enacted in September 2020 with the aim of protecting the personal data of Brazilian citizens, referred to as data subjects or data owners.
In summary, the GDPL applies in the following situations:
When data is processed in Brazil.
When the purpose of processing the data is to offer or provide services to individuals located in Brazil.
When personal data was collected in Brazil.
According to the law, there are two data categories: “personal data” and “sensitive personal data”. “Personal data” refers to any information that identifies or can be used to identify an individual, while “sensitive personal data” includes information that requires extra protection due to its nature, such as data on racial or ethnic background, religious beliefs, political opinions, and more, as outlined by the applicable legislation.
Those responsible for processing personal data are known as processing agents, and are referred to as: the “Controller,” “Operator,” or, in some cases, the “Sub-operator”.
The “Controller” is the individual or entity responsible for determining how the personal data under their control will be processed. On the other hand, the “Operator” is the individual or entity that processes personal data on behalf of the Controller, following their guidelines. The “Sub-operator”, similarly, is anyone who assists the Operator in processing personal data on behalf of the Controller.
We can collect your personal data in the following situations:
By interacting with UNIQUE GARDEN and its services: When the user interacts with the UNIQUE GARDEN platform, requests information, contacts the support team via email, or books the hotel’s services.
Through cookies and similar technologies integrated into UNIQUE GARDEN’s services: UNIQUE GARDEN may also use other standard tools, such as Google Analytics, to collect user data and enhance their browsing experience.
Personal data that may be occasionally collected by UNIQUE GARDEN include:
Names and contact information, including first and last name, individual taxpayer registration number, ID document, date of birth, email address, postal address, cellphone number, and other similar contact information.
Account credentials, including passwords and other security information used for access and authentication.
Demographic information, such as the user’s country and preferred language.
Device information, including details such as IP address, location, and service provider.
It is important to note that we do not collect data from minors. If such data is discovered, it will be immediately discarded, with all necessary precautions taken to ensure its complete deletion.
When collected, UNIQUE GARDEN will use personal data to:
Provide and improve its services, as well as ensure compliance with applicable regulations.
Fulfill legal obligations.
Manage relationship with users.
Process payments, including through third parties, where only data strictly necessary to fulfill the contract will be shared.
Set up and manage user accounts, including providing support when needed.
Conduct investigations and support internal development to enhance, test, and optimize the features and functionality of our services.
Provide users with marketing, publicity, and advertisements, when authorized.
Meet internal and external auditing standards, including compliance with UNIQUE GARDEN’s information security obligations.
Enforce our terms of use.
Send emails to: a) confirm or cancel requests made through the platform, b) share updates, changes, new data sources insertion, and platform improvements.
Protect the rights, privacy, safety, networks, systems, and property of UNIQUE GARDEN or third parties.
Prevent, detect, or investigate crimes, fraud, or other violations of the law.
Comply with court orders, law enforcement requests, regulatory bodies, and other public and governmental authorities, including, but not limited to, adhering to applicable laws and regulations the user's country residence.
Exercise our rights and defend against potential legal actions, to comply with applicable laws or regulations affecting us or third parties we work with, and to ensure the proper fulfillment of contracts between UNIQUE GARDEN and its users.
Participate in processes such as sales, mergers, acquisition, restructuring, joint ventures, cession, share transfers, or other transactions involving part or all of our business (including receivership or bankruptcy).
Note that the platform may contain links to external websites with data collection and usage policies different from UNIQUE GARDEN’s. In such cases, we emphasize that we are not responsible for the processing of personal data on these external platforms. It is the user’s responsibility to review and agree to the terms and policies of those environments.
Lastly, please note that when necessary, UNIQUE GARDEN will provide users with additional information about how their personal data is used for specific services by offering separate or supplementary privacy notices.
It is crucial for us that you understand UNIQUE GARDEN may share your personal data in specific circumstances, such as to support the development of our business activities or to comply with legal requirements.
To facilitate our operations, we may share your data with certain partners who provide us with assistance in different areas. Below is a list of examples:
→ Managing our database, emails, and the security of our systems.
→ Storing documents in cloud services.
→ Managing accommodations.
→ Supporting recruitment and selection processes.
→ Conducting statistical analyses of user experiences on our website.
→ Promoting our brand through publicity and advertising.
We want to clarify that we take full responsibility and guarantees for ensuring quality when hiring our partners, always prioritizing those who operate in compliance with data protection laws and similar safety standards. Additionally, when necessary, we provide clear and lawful information for the processing of the data shared.
However, it is important to understand that if you encounter third-party links on our website, you must review their Privacy Policy, as UNIQUE GARDEN is not responsible for how those external pages process data.
Furthermore, some of our systems may be hosted on servers located in other countries, constituting an international transfer of personal data.
In such cases, or in situations where international transfers may occur, we are committed to partnering only with providers that implement safety measures and practices aligned with the level of protection required by Brazilian law, as regulated by the National Data Protection Authority (ANPD). Where specific regulations are absent, UNIQUE GARDEN ensures that international transfers will only be carried out in accordance with Article 33, IX of the GDPL and exclusively with companies that adhere to established data protection standards, such as the European GDPR, U.S. CCPA and CDPA, and the Australian Privacy Act.
At UNIQUE GARDEN, we take the Brazilian General Data Protection Law (GDPL) seriously and prioritize maintaining an accessible communication channel to facilitate the exercise of your rights as a data owner.
Below, we outline your rights and how you can exercise them:
You have the right to confirm whether UNIQUE GARDEN processes any of your personal data.
You may submit a written request to obtain more details about how your information is being used, as well as a copy of the data.
You can request that UNIQUE GARDEN correct or delete any data that is incomplete, inaccurate, or outdated.
You have the right to confirm whether UNIQUE GARDEN processes any of your personal data.
You may request the anonymity, blocking, or removal of data that is unnecessary, excessive, or not processed in compliance with Brazilian data protection law. The anonymity of your data means that it will no longer be traceable to you, effectively ceasing to qualify as personal data. Blocking involves temporarily suspending the processing of your data for specific purposes. Lastly, removal entails the deletion of data that is unnecessary, excessive, or processed in violation of the purposes outlined in this policy. We also note that in situations where anonymization or blocking of data hinders the ability to provide the contracted service, the agreement may need to be terminated.
You may request the deletion of certain data, except for cases where the law permits its retention.
You have the right to receive clear and complete information about the possibility of withholding consent for data processing and the potential consequences of doing so. When requesting your consent, we will ensure that it is given freely, unequivocally, and with full understanding. You are always free to refuse. However, please note that certain services may not be available if consent is withheld.
You have the right to know which types of public and private entities UNIQUE GARDEN shares your data with. We have outlined our relationships with third parties that may involve the sharing of personal data in Clause 5 of this policy. If you have any questions or would like more details, you may request this information from us. Please note that, in some cases, we may limit the information provided if sharing it could compromise our intellectual property or business secrets.
You can request to cancel the receipt of advertisements or other marketing materials at any time, using the link provided in the marketing emails we send.
Following ANPD regulations, or if technically feasible, you may request that UNIQUE GARDEN provide your data in a structured, interoperable format for transfer to a third party. This excludes data that has already been anonymized or deleted from our database, and data that does not infringe upon intellectual and industrial property rights or violate the confidentiality terms outlined in the contracts you have with us.
We would like to clarify that the GDPL allows the processing of your data even without your consent or without an existing contract with us. In such cases, we ensure that we will only process your data if we have legitimate reasons to do so, such as when necessary to ensure the security of our website and its features. If you do not agree with a specific purpose for processing your data, you can contact us to express your objection and request the cessation of processing.
If you have given consent for the processing of your data, you can revoke it at any time. Please note that this will not affect the legality of any data usage or sharing that occurred prior to your revocation request. We want to emphasize that if you withdraw your consent, it may affect our ability to provide certain services, and we will inform you when this is the case.
We prioritize your security. Therefore, when you make a request to exercise any of the rights mentioned above, we may ask for additional information or documentation to verify your identity. Our goal is to prevent fraud and ensure the safety and privacy of all our clients, collaborators, and partners.
It is important to note that your rights are not absolute. Therefore, there may be situations where UNIQUE GARDEN has legitimate reasons to deny a specific request, such as:
When disclosing certain information would violate our intellectual property or business secrets, or those of third parties.
When it is not possible to fulfill data deletion requests due to an obligation to retain them, either for legal or regulatory obligation, or to enable the regular exercise of rights in a court, administrative, or arbitration process by us or a third party.
UNIQUE GARDEN is committed to addressing such requests in accordance with the terms outlined in the GDPL and regulations that are made available on the topic, at no cost to the user, unless responding requires more time due to the complexity, reasons, or rights involved. In such cases, the user will be informed of the delay.
We also clarify that UNIQUE GARDEN will promptly notify any data processing agents with whom user data has been shared regarding the correction, deletion, anonymization, or blocking of data, ensuring that these actions are repeated according to the established procedures.
Finally, we inform you that you can exercise your rights as a data owner by contacting us via email at dpo@uniquegarden.com.br
Yes, we do. UNIQUE GARDEN is fully committed to complying with data protection regulations and other industry laws. We prioritize adhering to best practices in the market, which is why we have established a Privacy Committee and appointed a Data Protection Officer (DPO) to ensure that data protection receives the necessary attention and support.
As outlined by the GDPL, if you have a specific question regarding data protection that is not addressed by our Privacy Policy, Website Terms of Use, or the contract you have signed with us, we recommend contacting UNIQUE GARDEN’s DPO via email at dpo@uniquegarden.com.br
UNIQUE GARDEN determines the retention period for personal data based on the following criteria:
The time necessary to fulfill the purpose for which the data was collected.
Until the user or third party who granted access to UNIQUE GARDEN’s services no longer uses them or revokes consent.
The period required to demonstrate UNIQUE GARDEN’s compliance with its duties and obligations.
As required by applicable laws, regulations, court rulings, or similar legal directives.
As determined by the National Data Protection Authority (ANPD).
To meet legal or regulatory obligations when acting as a data controller.
When executing contracts and related processes.
As long as it is necessary to exercise regular rights in a contract, judicial, administrative and arbitration process;
For academic or research purposes, ensuring, whenever possible, the anonymization of personal data.
For UNIQUE GARDEN’s exclusive use, even after services have been provided, with data anonymized and inaccessible to third parties.
To ensure the safety and protection of your data, we use appropriate technologies and procedures tailored to the risk level and the services provided. We have a dedicated team of experts responsible for managing our security protocols in compliance with legal requirements, regulatory standards, technological advancements, and other relevant factors affecting data protection.
UNIQUE GARDEN employs all reasonable market efforts to secure its systems and the data collected. This includes the use of highly qualified and reputable Internet service providers, secure database and storage servers, and advanced protection software to prevent unauthorized access. We also implement standard methods for encrypting and anonymizing collected data.
Additionally, we emphasize that UNIQUE GARDEN’s current policy represents our effort to safeguard your information through systems that require user authentication via passwords and restrict access per user. However, due to the nature of the Internet, it is impossible to guarantee that malicious third parties will never succeed in improperly accessing stored information. In such cases, UNIQUE GARDEN will assume responsibility within the limits established by law.
Yes, we are committed to cooperating with competent authorities and third parties to ensure compliance with the law. This includes safeguarding civil and criminal rights, protecting national and international interests, upholding industrial and intellectual property rights, preventing fraud, and ensuring personal data protection, among other responsibilities.
As outlined in Clause 5, we may disclose and share your personal data if required by legal or governmental authorities as part of investigations or legal proceedings. Such disclosures will only occur when there is no legal obligation for confidentiality.
Yes, this policy is exclusively managed by UNIQUE GARDEN and may be updated or modified at any time to reflect new structures, techniques, or procedures. We are always committed to maintaining the same level of reliability and security.
Therefore, it is important that you regularly check the document to see if you still agree with the terms established before continuing to browse, sign up, or register for a feature on our website.
The name UNIQUE GARDEN EMPREENDIMENTOS HOTELEIROS INDÚSTRIA E PARTICIPAÇÕES LTDA, or simply UNIQUE GARDEN, as well as the domain https://www.uniquegarden.com.br/ (and its related subdomains), and all content on the website, are the exclusive property of the company and are protected under applicable laws and international intellectual property treaties. We emphasize the importance of refraining from any unauthorized use or reproduction, whether in whole or in part, of such content. Authorization must be explicitly granted for any exceptions.
UNIQUE GARDEN’s Privacy Policy is designed in compliance with applicable Data Protection Laws and should be interpreted accordingly.
For any questions or disputes related to this policy, the parties agree to resolve matters exclusively in the Forum of the County of São Paulo/SP, excluding any other jurisdiction.
All rights reserved. All trademarks are protected.