Notice of Privacy

 

“NOTICE OF PRIVACY” THAT AGREE, ON THE ONE PART Operadora Inmobiliaria Achar, S. de. R.L. de C.V., Operadora Lamartine 619, S. de R.L. de C.V., and Operadora Newton 119, S. de R.L. de C.V. (hereinafter the OPERATORS) AND, ON THE OTHER PART, EVERYONE AND ANYONE HOLDING THE INFORMATION IN THE FORMATS, PRINTED OR ELECTRONICALLY, (“THE FORMATS”) PROVIDED BY Operadora Inmobiliaria Achar, S. de. R.L. de C.V., Operadora Lamartine 619, S. de R.L. de C.V., and Operadora Newton 119, S. de R.L. de C.V. (OPERATORS) (HEREIN THE “PERSONAL DATA HOLDER”).

I. DECLARATIONS:

(a) Each of the OPERATORS declares: (i) To be a company incorporated in accordance with the laws of the Mexican Republic; (ii) be domiciled at Río Atoyac 89, Cuauhtémoc, 06500 Mexico City, Mexico; Lamartine 619, Polanco, Polanco V Secc, 11550 Mexico City, Mexico; Av. Isaac Newton 119, Polanco, Polanco V Secc, 11570 Mexico City, Mexico; respectively (b) The Holder of the Personal Data declares under protest of telling the truth: (i) that all the data recorded in the FORMATS are true and exact; (ii) that you have received information to your satisfaction regarding the content of this Privacy Notice and have fully understood and expressly accepted its terms and conditions and the way in which OPERATORS protect the personal data provided to you; (iii) that they have sufficient legal capacity to be bound under the terms and conditions of this Privacy Notice.

II. OBJECT AND SCOPE: The purpose of this Privacy Notice is to establish the terms and conditions under which the OPERATORS protect the personal data that their clients, tenants and guests provide, to protect their privacy and their right to self-determination of information, in terms of the Federal Law on Protection of Personal Data Held by Individuals (“LFPDPPP”) and the administrative regulation derived from it or related to it, regardless of the means or the way in which the personal data is collected and / or treaties. This Privacy Notice allows OPERATORS to comply with their contractual obligations, as well as those derived from the legislation and administrative regulation regarding the protection of personal data, in commercial and fiscal matters.

III. The OPERATORS undertake to observe the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility in the processing of your personal data, collect and treat your personal data in a lawful manner, without using fraudulent means or deception; the processing of your personal data is limited to the fulfillment of the purposes set forth in this Privacy Notice. In the case of sensitive personal data, the OPERATORS will establish the necessary measures to limit their treatment period to the bare minimum. The OPERDAORAS undertake to cancel the personal data provided by you once they are no longer necessary for the fulfillment of the purposes set forth in this Privacy Notice. The foregoing, without prejudice to keeping the information and documentation that is required to comply with the obligations provided for in the Commercial Code, in the Federal Tax Code and other tax legislation, as well as in any other current or future applicable legislation ( h) PRINCIPLE OF RESPONSIBILITY: In order to comply with this Privacy Notice, the “LFPDPPP” and the administrative regulation derived from it, the OPERATORS have established the Department of Personal Data of the company, which has, Among other functions, to process the requests that you formulate to enforce your rights in terms of the LFPDPPP and the requirements of the IFAI and other competent authorities.

IV. INFORMATION AND DOCUMENTATION THAT IS COLLECTED AND PROCESSED: OPERATORS collect and process your personal data, that is, information that can reasonably identify you, and that can be included in various documents. The personal data that will be collected and processed can be: name and surname; domicile, work, or fiscal; Email address; landline and / or cell phone number; credit card number and security code; Key of the Federal Taxpayers Registry (RFC). The OPERATORS also collect personal data from publicly accessible sources and from other sources available in the market to which you may have given your consent to share your personal information.

V. PURPOSES OF THE INFORMATION: The personal data described in numeral IV above, are collected and processed in order to: (1) manage the information of our guests, clients and prospects, to maintain an updated database; (2) manage relationships with our clients and prospects, providing information on services and activities contracted or in the contracting process; (3) carry out commercial management and customer and guest services; (4) manage the marketing of services based on the reservation confirmation document and the receipt of deposits on account; (5) document and guarantee the confirmed reservation according to the agreed conditions; (6) enter into contracts with the client; (7) provide information to the client and the guest in a clear and visible way, on the conditions, policies and provisions for the contracting and use of services and facilities, as well as on environmental practices, means of payment, fees for services, modalities and calendars, as well as any change that occurs in the reservation, after its confirmation, or about any unusual circumstance in the establishment such as works, limitations of schedules or services, among others; (8) manage food services, room service, room cleaning and maintenance, telephone service, parking, among others, based on previously defined policies and communicated to clients and guests; (9) manage the parcel and courier service for deliveries and shipments of packages on behalf of the client or guest; (10) manage the currency exchange service on behalf and order of exchange houses; (11) manage charges and collections from clients and guests, via bank cards, credits and cash; (12) prepare, manage, send and collect invoices or digital tax receipts; (13) manage credit to clients and guests for the payment of services; (14) prepare and manage commercial documents for clients and guests, in printed or electronic format; (15) manage incentives for clients and guests; (16) prepare internal statistics that indicate the services and products most appreciated by customers, tenants, guests and other users of hotel or residential services;(17) manage the entry and exit of guests and clients, based on previously defined and communicated policies; (18) monitor and control physical and logical access to hotel facilities and assets; (19) control visitor access; (20) manage security by applying the necessary legal regulations in force regarding security, hygiene and contingencies, evacuation plan and emergencies; (21) safeguard the valuables of guests and clients; (22) safeguard, destroy, send or deliver, as the case may be, objects, documents and payment instruments forgotten by clients or guests; (23) manage the treatment and response of complaints or claims from guests and clients through the means and supports that are provided for their presentation; (24) manage legal acts in order to resolve disputes between clients and / or guests with the hotel; (25) manage the payment of compensation agreed with the insurers, on behalf of the client or guest; (26) manage customer satisfaction based on surveys and knowledge of their needs and preferences, and other purposes of a nature analogous to those described above. Likewise, the OPERATORS will implement video surveillance cameras in their facilities for security purposes. The recordings are kept in a secure area with access restricted to managers, executives and, where appropriate, the competent authorities. The recordings are routinely destroyed unless they are necessary for the investigation of an incident or for some judicial procedure.

SAW. TRANSFERS OF PERSONAL DATA TO THIRD PARTIES: OPERATORS will not commercialize your personal data with third parties. In order to provide their services and carry out the processes described in number V above, the OPERATORS have entered into various commercial agreements with suppliers of products and services, both in national territory and abroad, which are bound, by virtue of the corresponding contract, to maintain the confidentiality of the personal data provided by the OPERATORS and to observe this Privacy Notice. By virtue of the foregoing, said providers may not use the personal data provided by the OPERATORS for any other purpose than to provide the services contracted by the OPERATORS.

VII. RETENTION AND SECURITY OF PERSONAL DATA: OPERATORS keep your personal data for as long as necessary to process your requests for information, and / or services, as well as to maintain accounting, financial and audit records in terms of commercial legislation , current fiscal and administrative. The personal data collected by the OPERATORS are protected by adequate administrative, technical and physical security measures against damage, loss, alteration, destruction or unauthorized use, access or treatment, in accordance with the provisions of the LFPDPPP and the regulation administrative derived from it. All personal data stored in electronic format are kept in confidential and secure databases. OPERATORS evaluate their safety equipment and procedures regularly and modify them if necessary. To avoid unauthorized access or undue disclosure of personal data, and in order to maintain its accuracy, integrity, availability, and confidentiality, the OPERATORS also use relevant legal procedures and controls in terms of the LFPDPPP and those provided in the administrative regulation derived from the Law. When processing personal patrimonial data, such as your information related to your bank account, the OPERATORS use a variety of technologies and procedures designed to protect your personal data, the use of secret users and passwords, the computer tools of encryption (PGP) for laptops as well as FTPS data transfer. Such personal data is stored in computer systems protected with programs against viruses, spyware and other malicious code; additionally, it uses networks protected by firewalls, and controlled access facilities.

VIII. DEPARTMENT OF PERSONAL DATA: The OPERATORS make available to you the email described below, which will have the purpose of receiving, registering and attending to your requests to exercise your right of access, rectification, cancellation and opposition to the processing of your personal data, as well as and to limit the use or disclosure of your data, and the other rights provided in the LFPDPPP. For any request, clarification or comment related to this Privacy Notice, please contact: OPERATORS, via email at: department.comercial@imatsc.com

IX. ARCO RIGHTS: You have the right to have your personal data rectified when they are inaccurate or incomplete. You have the right to request at any time that your personal data be deleted, which will happen after the blocking period has elapsed. During this period, your personal data will not be processed and after this, it will be canceled in the corresponding database. You have at all times the right to request, as long as it has a legitimate cause, that the OPERATORS stop processing your personal data. Procedure for the exercise of ARCO Rights: To exercise ARCO rights, you or your representative must submit a request for access, rectification, cancellation or opposition with the following information and documentation: (i) the name of the owner and address or other means to communicate the response to your request; (ii) the documents that prove your identity (simple copy in printed or electronic format of your voter ID, passport or FM-3) or, where appropriate, the legal representation of the holder (simple copy in printed or electronic format of the simple power of attorney with autograph signature of the holder, two witnesses and the agent and their corresponding official identifications – voter ID, passport or FM-3); (iii) the clear and precise description of the personal data with respect to which you seek to exercise any of the ARCO rights; and (iv) any other element or document that facilitates the location of your personal data. In the case of requests for rectification of personal data, you must also indicate the modifications to be made and provide the documentation that supports your request. The OPERATORS will respond to you within a maximum period of twenty days, counted from the date on which they received the request for access, rectification, cancellation or opposition, their adopted determination, so that, if appropriate, it becomes effective within within fifteen days of the date the response is communicated to you. In the case of requests for access to personal data, the OPERATORS will proceed with their delivery prior accreditation of the identity of the applicant or their legal representative, as appropriate. The aforementioned terms may be extended only once for an equal period, as long as the circumstances of the case justify it. The delivery of personal data will be free, it will only correspond to cover the justified shipping costs or the cost of reproduction in copies or other formats. In the event that you repeat your request in a period of less than twelve months, you must cover the corresponding costs in terms of the LFPDPPP, unless there are substantial modifications to the privacy notice that motivate new consultations.

X. CHANGES TO THE PRIVACY NOTICE: The OPERATORS may modify this Privacy Notice at any time, in order to implement improvements or incorporate new measures provided for in the Law and other regulatory provisions, a matter for which it is suggested to review regularly its content. Updates will be posted on the website.

XI. CONSENT: You provide your express consent for the collection, treatment and use of your personal data in accordance with this Privacy Notice by expressing your will through a written statement, electronic or by any other technology, or by voluntarily providing the requested information. You provide your tacit consent to this notice by not objecting to its content within 48 hours of its publication on your website. In some cases, the LFPDPPP allows OPERATORS to collect, use and disclose your personal data without your consent. If OPERATORS obtain personal information through third parties, it will require them to confirm that they have the corresponding consent for the disclosure of their personal data. If you request that the OPERATORS revoke their consent, the OPERATORS will take the necessary measures to destroy or eliminate the personal data that you have provided, with the exceptions provided in the LFPDPPP. Residual personal information may remain in archived or historical records. In addition, the OPERATORS do not allow the destruction of fiscal or accounting information on transactions that may be necessary to maintain or comply with legal obligations. However, OPERATORS will not use your personal information for other purposes once you revoke your consent.

XII. APPLICABLE LEGISLATION: The interpretation and application of this Privacy Notice is governed by the Federal Law on Protection of Personal Data in Possession of Private Parties, the Federal Civil Code, and other laws and regulatory and administrative provisions that are applicable.

XIII. VALIDITY: This Privacy Notice is effective as of its publication date, with the exception of numeral IX. Arco Rights, which will become effective as of January 6, 2012, as provided for in the Third and Fourth Transitory Articles of the LFPDPPP.

XIV. MANIFESTATION OF CONSENT: The OWNER OF THE PERSONAL DATA, expressly declares to have read the content of this Privacy Notice and to have no opposition to it.