In compliance with what is established in the Federal Law for the Protection of Personal Data held by Private Parties published in the Official Gazette of the Federation in July 5th, 2010 the following Privacy Notice is herein issued.
1.- IDENTITY AND ADDRESSES OF THE RESPONSIBLE PARTIES: ALEGRANZA HOTEL MANAGEMENT S.R.L., CABO SANCTUARY, S.R.L. DE C.V., AND NOGASA CONSULTORES, S.C.
, commercially known as "Alegranza", "Remax Cabo Sanctuary", "Remax Cabo Real Estate" or "Nogasa", (The "Company") which each of them is commercial entity established in compliance with Mexican Law; with corporate purpose is related to tourism real estate industry, construction, developments resorts, touristic rentals, among other activities, and all of them with address at: PASEO DE LAS MISIONES, 927, CAMPO DE GOLF, SAN JOSE DEL CABO, B.C.S. CP 23406, MEXICO, phone number: + 52 624 1426718, addressed to: Ivan Garcia Sanjuan.
The Company gathers information provided by its, clients, suppliers, service providers, commercial partners, employees, or any third party which may have access to the products and/or services provided by the Company. For purposes of documenting our relationship with each one of them, they provide us willingly and freely, information that is included in contracts, letters, forms, databases or other means, as applicable, for us to keep appropriate record of our relationships and to meet legal requirements, when so mandated. Among such personal data, including sensitive personal data, but not limited to, is included the following: INDIVIDUALS • Complete Name (Paternal Surname, Mother Surname and Name (s)) • Particular Address (Block, exterior Number, and applicable, interior number, Colony, ZIP code, Delegation or Municipality, City or Population and Federative Entity) • Nationality. • Date of birth and place of birth. • Marital status • Profession or current Occupation. • Activity of the Business. • Telephone or telephones that refer to their location, when existing. • Email address. • The Unique Key of the Record of Population (CURP. • Contributors' Federal Record (RFC). • Personal reference information • Educational information • Union membership information • Current Health and medical information • Training information • Safety and environmental testing information • Income information • Gender • Bank Account Information and salary • Tax ID numbers ENTITIES • Name or Trade name • Mercantile activity or corporate purpose • Contributors' Federal record (RFC) • Address - Street, exterior number, and if applicable, interior number, Colony, ZIP code, Delegation or Municipality, City or Population and Federative Entity • Date of Incorporation • Nationality • Telephone number • E-mail or address of their website, if applicable. • Name and nationality and information of the person who with their signature could force the moral person on having entered into the operation, which may be: the administrator or administrators, the director, manager general, legal representative or attorney-in-fact.
This Personal Data is gathered in compliance with what is established in applicable law, as well as in compliance with the clauses of the contracts entered into with the parties that provide said Data voluntarily.
3. - CONFIDENTIALITY AND HANDLING OF PERSONAL DATA Confidentiality:
The Personal Data, including the Sensitive Data referred to by the Federal Law for the Protection of Personal Data held by Private Parties, which are provided to us by our employees and third parties with consent, whether physically, electronically or by any other means, are handled and stored in a confidential manner. Also, through technological means and internal protection procedures, the Company constantly does its best effort to maintain the safety of the Personal Data that is provided to the Company to avoid the unauthorized access to such.
Handling: The Personal Data that is provided to the Company is used to meet legal requirements, to keep appropriate record of personnel and providers of supplies and services, and to coordinate all services provided by and to the Company, including emergencies.
With the exception of Sensitive Personal Data, the personal information provided to the Company may also be used for means of publicity, promotion, telemarketing, transaction, website administration of the Company, administration of the services of the Company, development of new products and services. Quality and client satisfaction polls, analysis of use of products, services, and website, for the sending of notices regarding products and services operated by the Company and/or its affiliates, subsidiaries, and/or its business partners; when the Law requires it, to request the update of their data and identification documents, and generally to comply with our terms, conditions and operation, functioning and administration of our business.
Sensitive Personal Data is defined to mean the personal data that affects the more intimate sphere of its owner, or which improper use might result in discrimination or may involve a material risk against the owner of such sensitive personal data. In particular, sensitive data includes data that may reveal aspects such as racial or ethnic origin, condition of health, either present or future, genetic information, religious, philosophical or moral beliefs, union affiliation, political opinions and sexual preferences. Any sensitive personal data that may be collected is used only for purposes of managing the business and/or the employer/employee relationship, and / or provide better service to our customers.
When personal data is provided, it should be provided in a precise, complete and updated manner at the time that the gathering occurs, regardless of the fact that the Company may further verify the accuracy of said personal data and that the provider of the personal data may exercise the right to rectify such Data, as provided chapter 5.- below named "Means for the exercise of rights of the Owner of Personal Data" section, in case they detect or identify that the Data that was provided to the Company is inaccurate, incomplete, or not updated.
The Company is not required to have the previous consent of the Owner of the Personal Data for its handling, in the following cases: (i) when the Company acts in direct compliance with applicable law; (ii) the data is in public access sources; (iii) the personal data has been submitted previously to a dissociation procedure; (iv) for the fulfillment of the obligations that, in its case the Company has acquired with the Owner of the Personal Data as a result of a contract entered into with it; (v) there is an emergency situation that may potentially harm an individual or his/her/its property; (vi) it is indispensable for medical attention, prevention, diagnostic, lending of sanitary aid, as long as the owner is in no condition of granting consent in terms of what is established in the General Health Law and other applicable legal instruments and that said handling of data is made by an individual subject to professional secrecy or an equivalent obligation; or (vii) by resolution of competent authority.
The Company may transfer the Personal Data, including sensitive personal data throughout its related entities, for administrative purposes. Appropriate use will be made and special care will be taken when such Personal Data is transmitted or used by a related entity and be treated under the principles of legality, consent information, quality, purpose, loyalty and responsibility in accordance with the Law.
You can stop receiving emails, print, cell phone or communicating with our Department of Personal Data.
4.- LIMITATIONS OF USE AND DIVULGING OF DATA
The Personal Data that is provided to us through legal or legitimate means is handled in an appropriate and confidential manner. Regardless of the foregoing, the Personal Data will be employed and divulged for and with the purpose of fulfilling the objectives established in the "Handling" section of this Notice as well as for statistical means, dissociated and for the improvement of our products, services, operation, activities, and even regarding the update of the contents published on our website.
Personal Data will be transferrable to third parties to (a) fulfill existing legal obligations; (b) comply with a legal or judicial ruling; and (c) as long as it is necessary for the operation and functioning of the Company. In case of transfer of the Personal Data, this will occur through means and legal instruments that provide an adequate protection level and security measures for said data.
The Company will adopt necessary and reasonable measures to cancel the identification of the Personal Data that is provided to it, when these are no longer necessary for the purposes referred to in this Notice and/or when there is no legal obligation for the Company to keep them.
5.- MEANS TO EXERCISE RIGHTS OF THE OWNER OF THE PERSONAL DATA.
The owner of the personal information may request to the responsible party of the Company at any time to access, rectify, cancel or correct his/her/its Personal Data (ARCO DATA- Access, Rectification, Cancellation or Opposition Data Personal). For such end, the owner of Personal Data shall direct a written request to the Responsible Party, which shall at least contain the following information: a) Name of the owner and address or other means to communicate the answer of his/her/its request. b) The documents that evidence the identity, or, if applicable, the legal representation of the owner. c) The clear and precise description of the Personal Data regarding those on whom the exercise of rights is intended. d) Any other element or document that may facilitate the location of the Personal Data, as well as any other document required by the current laws at the time of the filing of the request. The Owner of the Personal Data has the right to request to the responsible party by via e-mail the changes or modifications that he/she requires at email@example.com or to the address or other written mean to address stated above.
The Owner of the Personal Data may revoke the current consent for the handling of personal information at any time. To such end, he/she/it shall file a request via e-mail at firstname.lastname@example.org or to the address or other written mean to Paseo de las Misiones 927, Campo de Golf, San José del Cabo, Baja California Sur Area Code 23406, telephone number + 52 624 1426718, addressed to: Ivan Garcia Sanjuan. Such communication shall comply with the applicable request requirements mentioned in the previous section.
7.- MODIFICATIONS TO THE PRIVACY NOTICE
The Company reserves the right to modify this privacy notice, in which case it will communicate such through notice placed in a visible location in the Company ́s facilities at its address mentioned above, or through written notice to employees or others.
For any doubts, comments or consultations regarding this Notice, you may file an inquiry in the following address: Paseo de Las Misiones 927, Campo de Golf, San José del Cabo, B.C.S. 23406, Mexico, telephone number +52 624 1426718, addressed to: Ivan Garcia Sanjuan. a)Any complaints or information regarding the processing of your personal data or questions regarding the Federal Law on Protection of Personal Data Held by Private or its Regulations, may be conducted at IFAI. For more information, visit www.ifai.org.mx. b) Governing Law: The interpretation and application of this Privacy Notice is governed by the Federal Law on Protection of Personal Data in Possession of Individuals, the Federal Civil Code and other laws and regulations and administrative provisions that are applicable. Consent: The Owner of Persona Data, expressly have read the content of this Privacy Notice and have no opposition to it.
This Notice was posted on September 15th, 2012.