In the collection of personal data we observe all the principles stated by the Mexican law (Article 6): Lawfulness, quality, consent, information, purpose, loyalty, proportionality and responsibility.
This privacy notice meets the requirements set forth by the Federal Law for the Protection of Personal Data Held by Private Entities, its Regulations and the INAI’s Privacy Notice Guidelines. Desarrollo Marina Vallarta, S.A. de C.V. takes very seriously the security of your data; therefore, we have technological, physical, administrative, and legal mechanisms in place to protect your information.
In compliance with applicable Law, you hereby agree that the processing of your personal data is performed in accordance with the following Comprehensive Privacy Notice:
1. Identity and domicile:
Desarrollo Marina Vallarta, S.A. de C.V. (hereinafter “DMV”), is domiciled at Av. Paseo de las Marina Sur, #220, Marina Vallarta, Puerto Vallarta, Jalisco, C.P. 48335; and it is the company responsible for processing your personal data and in that regard we communicate the following:
2. PRIMARY PURPOSES. - For which main purposes do we use your personal data?
The personal data that we collect from you, as a customer or tourist, is used for the following purposes, which are necessary given the service you have requested:
- For compliance with contractual obligations. When contacting you, we need to identify you and verify the products and services that we should provide to you.
- Changes in products and services.
- Identification, verification, and contact.
- To bill the services and products that you purchase from us.
- To perform the collection of the services and products that you purchase from us.
- To identify you in any type of legal or business relationship with “DMV” or its affiliates.
The personal data that we collect from you, as a supplier (individual), is used for the following purposes, which are necessary for the relationship that you have with “DMV”:
- Compliance with contractual obligations.
- Billing of goods and services acquired.
- Payment, receipt, and/or return of goods and services
- Identification, verification, contact.
3. SECONDARY PURPOSES. - For which secondary purposes do we use your personal data?
Additionally, we use your personal information for the following purposes, which are not necessary for the service requested, but which allow and enable us to provide you with better service:
- __ To develop studies and programs for marketing, advertising, or commercial prospecting purposes.
- __ For record keeping oriented to providing services in the future.
- __ To inform you about products and services, current and future, that could interest you.
- __ To send publicity, special offers and newsletters that could be of your interest.
- __ For quality surveys of our products and/or services.
If you do not wish your personal data to be used for any (or all) of these secondary purposes, please indicate with an “X” the line to the left of each item. If the line (s) is/are not marked, such omission will be your indication of consent for us to use your data for such secondary purposes.
Your refusal to the use of your personal data for these secondary purposes may not be a reason for us to deny you the services and products that you request or contract with us.
4. Which personal data do we use for these purposes?
In order to fulfill the purposes described in this privacy notice, we process the following personal data if you are a customer or tourist:
- Date and place of birth.
- Age and sex.
- Federal Taxpayer’s Registry Number (RFC).
- Handwritten signature.
- Copy of official ID. IFE, Passport
- Official ID
- Marital status.
- Home address.
- Home phone number.
- Cell phone number.
- Credit card number.
- Expiration date of credit card.
- Credit card Security code.
- Credit history
- Income and Expenses
- Personal and real property
- Data of the relative to give notice in case of emergency.
- Origin of company (visitor registry).
- Vehicle identification data (license plates).
In order to carry out the purposes described in this privacy notice, we process the following personal data if you are an employee (individual) :
- ID information (name, signature, RFC, official ID and photograph).
- Contact information (address and e-mail).
- Proprietary information (tax information, credit history, bank).
- Biometrics (signature).
In order to carry out the purposes described in this privacy notice, we process the following personal data if you are a guest:
- ID information (name, signature, RFC, official ID and photograph).
- Contact information (email).
- Health information (health condition).
- Proprietary information (tax information).
- Biometrics (signature).
5. Who do we transfer your personal information to and for which purpose?
We inform you that your personal data is transferred within the country with the following individuals, companies, organizations or authorities other than us, for the following purposes:
If you do not wish your personal data to be transferred for any (or all) of the previous purposes, please indicate with an “X” the line to the left of each item. If the line (s) is/are not marked, such omission will be your indication of consent for us to transfer your data for such purposes and to such recipients.
* If your desire is that we do not transfer your data to a hospital or medical service, it is likely that we may not be able to direct you properly in case of a health emergency. On the other hand, if you do not wish your data to be transferred, it is likely that we may not be able to continue to provide the relevant service or good, or continue with the procedure.
6. Use of tracking technologies on our Web site:
7. You can access, rectify or cancel your personal data, oppose their use and revoke your consent for the use of your personal data as follows:
You are entitled to:
- Know which of your personal data we have in our possession, what we use them for, and the conditions of use for them (Right of Access).
- It is also your right to request correction of your personal information if it is outdated, inaccurate or incomplete (Right of Rectification);
- Have us eliminate your personal data from our records or databases (Right of Cancellation);
- As well as to oppose the use of your personal data for specific purposes (Right of Opposition).
These rights are known as ARCO rights.
In addition to the above, you may revoke consent, if any, given to us for the processing of your personal data. Under certain circumstances, withdrawal of consent will involve (a) that the Manager may not be able to continue to provide the service you requested, or (b) the termination of your business relationship with us.
However, it is worth noting that we will not be able to meet your ARCO rights or Right of Withdrawal (exceptional cases) request in every case, since it is possible that we may need to continue to handle your personal data for some legal obligation. If this were the case, we will proceed to block such data for the term the law requires us to keep them, until their final removal is appropriate.
- 7.1. Means to submit the request to exercise any of the ARCO rights or for the withdrawal of consent:
Through onsite request submission at our office or else, sending your request via certified mail to the head of personal data at our Office in Av. Paseo de las Moras S/N, Fracc. Náutico Turístico Nuevo Vallarta, Bahía de Banderas, Nayarit, México, C.P. 63735.
- 7.2. Information on the procedure and requirements for the exercise of your ARCO rights or withdrawal of consent:
- 7.2.1. Means by which the holder can prove his/her identity and, where applicable, his/her representative, as well as the capacity of the latter. Personally with official ID, or in the case of request submission via certified mail, please attach to your request the information and documents provided for by the Federal Law for the Protection of Personal Data Held by Private Entities in Article 29 and other applicable articles.
- 7.2.2. We will reply to your application. No later than twenty days from the receipt of the complete information. Or, where applicable, within the maximum term provided for by the Federal Law for the Protection of Personal Data Held by Private Entities.
- 7.2.3. Means by which we communicate the reply to your request. It will depend on the means you have designated for us to communicate the response. It may be email, or in writing via certified mail to the address that is indicated for such purposes.
- 7.2.4. Means through which personal data may be reproduced if so requested. By issuing non-certified copies, or using certified mail and attaching electronic files that apply to personal information.
- 7.2.5. The contact information of the person responsible for processing personal data, responsible for processing ARCO rights requests, is the following:
- 1) Personal data manager, email: firstname.lastname@example.org.
- 2) Office in Av. Paseo de las Moras S/N, Fracc. Náutico Turístico Nuevo Vallarta, Bahía de Banderas, Nayarit, México, C.P. 63735.
- 7.3. Should you have any questions, or if you wish to get more information regarding the procedure, we offer the following means:
- Email email@example.com or contact the manager of personal data processing at the following telephone number 52 01 322 226 4000 Extension 4586 and 4853.
- 7.4. To limit the use or disclosure of your personal information:
- Since we process personal data for secondary purposes we use as mechanisms the Public Registry of Consumers provided for in the Federal Law for Consumer Protection..
- Additionally, if you wish to limit the use and disclosure of your personal information, please do communicate so in writing via email to: firstname.lastname@example.org, indicating the following:
- Your name, (b) telephone number, (c) email, and
- Your desire not to be contacted by telephone and/or email, as well as to be incorporated to the exclusion list of “DMV”.
8. Changes to the privacy notice:
This privacy notice may be subject to modifications, changes, or updates resulting from new legal requirements; from our own needs; from our privacy practices; from changes in our business model, or due to other causes.
We commit to keep you informed regarding the changes or updates made to this privacy notice in our website www.vidanta.com and at our Office in Av. Paseo de las Moras S/N, Fracc. Náutico Turístico Nuevo Vallarta, Bahía de Banderas, Nayarit, México, C.P. 63735.
9. Controversies, jurisdiction, and applicable law:
Should a controversy take place as a result of this privacy notice, the parties shall try to settle it first by means of negotiations in good faith, having the possibility to be assisted by a professional mediator. If after a maximum of 30 days of negotiation the parties fail to reach an agreement, they shall be governed by the provisions of the Federal Law for the Protection of Personal Data Held by Private Entities, and the parties shall accept any intervention made by the national Institute of Transparency, Access to Information and Personal Data Protection.
By accepting this Privacy Notice, you waive any other jurisdiction and legislation that may correspond. This Privacy Notice is governed by the Mexican laws, and any controversy shall be settled before the relevant Mexican authorities.