In compliance with the provisions of the Federal Law for the Protection of Personal Data in Possession of Individuals published in the Official Gazette of the Federation (“DOF”) on July 5 (five), 2010 (two thousand ten), its Regulations published in the DOF on December 21 (twenty-one), 2011 (two thousand eleven) and the Privacy Notice Guidelines published in the DOF on January 17 (seventeen), 2013 (two thousand thirteen), SANTA MARÍA RESORT S. A. de C.V. (Responsible Party) issues this privacy notice containing the policy under which the personal data of the individuals (Data Subjects) set forth in section V will be collected and processed.
The purpose of this Privacy Notice is to delimit the scope and general conditions of the processing of Personal Data and to inform the Data Controllers, so that they are in a position to make informed decisions about the use of their Personal Data and to maintain control and disposition over them. Likewise, the Privacy Notice allows the Controller to make such treatment transparent and thereby strengthen the level of trust of the Data Subjects.
Santa María Resort, Sociedad Anónima de Capital Variable with address at Calle Roble 210 (two hundred and ten) Colonia San Juan, C.P. 63130 (sixty three thousand one hundred and thirty), Tepic Nayarit (Address to hear and receive notifications).
In order to comply with this section, based on article twenty-two of the Guidelines, the Controller shall comply with its obligation to indicate the Personal Data that will be processed, identifying the categories thereof.
Categories of Personal Data:
General: those that make it possible to identify the Data Subject
Localization: those that allow locating the owner.
We also obtain general data about the activity within our site. Data that includes information provided by your browser and obtained via “cookies”. We use this identification to establish traffic patterns, number of visits to the website, use of particular services and interest in the services, information or features of the site.
Within the categories of Personal Data there is no Sensitive Personal Data, meaning those that affect the most intimate sphere of the Data Subject, or whose improper use may give rise to discrimination or entail a serious risk to the Data Subject.
The Controller will process Personal Data of Data Subjects (including guarantors and representatives) for the following purposes:
Planning, reservation and purchase of lodging and/or food and beverage services;
Reserving and/or registering you and providing you with the services you request or contract;
Facilitate our facilities and services for the realization of weddings, banquets or events;
To keep track and collect payment for the services and consumptions you make;
To elaborate and to maintain our client database updated;
Elaborate your invoices and/or payment vouchers;
Create statistical and historical records of users;
Attending to clarifications, inconformities and consultations; and
Carrying out refunds or reimbursements and, in case of debts, collection procedures.
Additionally, we will use the personal information of the Data Subject for secondary purposes that allow the Responsible to provide a better service and quality attention in order to send promotions or sweepstakes of the services, conduct satisfaction surveys and improve promotional, advertising and marketing services.
If the Data Subject does not want his/her personal data to be processed for the aforementioned secondary purposes, he/she can express his/her disagreement by sending an e-mail to juridico@santamariaresort.com.mx. The Data Subject has five working days to let us know, notwithstanding that subsequently decide to exercise their right of revocation or opposition, this refusal will not be a reason for the Responsible not to provide the services requested or contracted.
Acting in good faith it is possible that the Controller may share personal data of the Data Subject, without his consent, when it is considered that providing it is to comply with the law either under court order or injunction whenever such information must be disclosed since it works for recognition, exercise or defense of a right in a judicial process including to prevent or investigate a possible crime, protect the Controller's own rights or properties or the rights, properties and safety of the Controller's users or third parties also to enforce the terms and conditions of the Controller.
The Data Controller may share the Data Subject's personal data with third parties that provide sales services and do so on behalf of the Data Controller, as well as with marketing companies that work to promote our services. In this case, if the Data Subject does not expressly state his/her disagreement, which can be done by e-mail to juridico@santamariaresort.com.mx, we will understand that he/she has given his/her consent.
In accordance with the Ordinances, the Data Subject, by his own right or through his legal representative, may request the Controller at any time the access, rectification, cancellation or opposition (ARCO Rights) with respect to the Personal Data concerning him/her. 1. Access. You may verify the Data that the Company has, which will be made available to you either through physical copies, electronic documents or by any other means indicated by the Company or that you indicate in your request to be contacted. 2. Rectification. In the event that the Company has inaccurate or incomplete Data, you may request the total or partial modification of the same, as long as you submit the supporting document proving the error or the change of the same. 3. Opposition. You shall have the right at all times and for legitimate reasons in accordance with the Law, to oppose the partial or total processing of your Personal Data Collected, being able to point out specific cases or situations for such opposition. 4. Cancellation. You may request the Company to cancel the processing of your Personal Data collected in case you consider that they are not required for any of the purposes stated in this Privacy Notice or are being used for purposes that have not been consented. The request must be made in writing addressed to the “Legal” area and must contain and be accompanied by the following: (I) name of the Data Subject and address or other means to communicate the response to the request; (II) copy of the identification document of the Data Subject, as well as the original thereof for comparison or, if applicable, in the case of the representative of the Data Subject, in addition to the above (identification of the Data Subject), the documents proving the identity of the representative, as well as the public instrument or power of attorney signed before two witnesses, in which the powers granted, or statement in personal appearance of the Data Subject are stated; (III) a clear and precise description of the Personal Data with respect to which it seeks to exercise any of the ARCO Rights, and (IV) any other element or document that facilitates the location of the Personal Data. Such request shall be submitted at the Address to hear and receive notifications or by e-mail addressed to the following address: juridico@santamariaresort.com.mx, provided that the duly certified electronic instruments that substitute the identification of the Holder or, as the case may be, of its representative, are submitted. The exercise of the ARCO Rights shall be free of charge, and the Holder shall only have to cover the costs of shipping, reproduction (simple copy) and, if applicable, certification of documents. However, if the same Holder reiterates his request in a period of less than 12 months, the costs will be the equivalent of 3 days of the general minimum wage in force in Mexico City, unless there are substantial modifications to the Privacy Notice that motivate new consultations.
The answers given by the Controller to the Data Controllers who have exercised their ARCO Rights, will be made by the same means in which the request was made, dealing only with the Personal Data specifically indicated in the request in question and must be presented in a legible and understandable format.
The consent that the Data Subject has granted may be revoked, however, it is pertinent to take into account that not in all cases it will be appropriate to request or that the Data Subject may terminate the use immediately, since there is a possibility that due to some legal burden it is required to continue processing the personal data. In addition, the Data Subject must understand that for certain purposes the revocation of consent implies the impossibility of continuing to provide a particular service requested or even its relationship with the Controller.
It is pertinent to point out that in addition to the procedure described in the immediately preceding paragraphs, the Data Subject may limit the use or disclosure of his/her data through the Federal Consumer Attorney's Office (PROFECO) for which he/she will have to register in the “Public Registry to Avoid Advertising of the Federal Consumer Attorney's Office” where he/she can be contacted directly or by accessing the following URL: https://rpc.profeco.gob.mx/.
This Notice admits updates and modifications, the Responsible undertakes to inform of these changes through the website, so please review it frequently so that the user of personal data, is duly informed of the privacy rules of the Responsible, or additional to those described in this privacy notice.
The Data Subject may contact directly the specialized area of personal data protection by sending an e-mail to the address juridico@santamariaresort.com.mx.
This privacy notice, the treatment of your Personal Data and/or all related documents are governed by the Law and other regulations of the United Mexican States. The acceptance of this privacy notice or entering into a contract of any nature with the Responsible, once the same is made available, implies an express acceptance, in writing of its terms and its express submission to the competence and jurisdiction of the Courts of the XVIII eighteenth Judicial District of the State of Nayarit, corresponding to the municipality of Tepic, Nayarit, for any controversy or claim arising from the same, so it is understood the waiver of any other jurisdiction by reason of domicile, present or future could correspond to you.
