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PRIVACY NOTICE

Privacy Policy

  1. RESPONSIBLE DATA

The company RDS ELITE CONDOS PDC SA DE CV and/or its parent companies, subsidiaries, or affiliates under common control (collectively referred to as "INVEST VACAY GROUP"), with a common address at Calle 7 Sur, Manzana 029, Lote 004-215, local 217-N2 Fraccionamiento Playacar Phase II, Postal Code 77710, Solidaridad, Q. Roo, are companies dedicated to the construction, promotion, commercialization, and/or sale of residential units and plots (the "Units") within real estate developments in the United Mexican States (the "Business Activities"). As a result of its Business Activities, INVEST VACAY GROUP collects and/or has access to the personal data indicated in section 4 of this Notice, belonging to individuals interested in purchasing, or who have begun the process of purchasing, one or more Units (the "Personal Data"). If you have started or will start the procedures to acquire a Unit (the "Transaction") and, consequently, have provided or will provide INVEST VACAY GROUP with any Personal Data physically, by email, or through this portal, you will be considered the "Owner" for the purposes of this Privacy Notice.

 

  1. RESPONSIBLE FOR PERSONAL DATA

In compliance with the Law on Protection of Personal Data Held by Private Individuals (the "Law on Personal Data"), INVEST VACAY GROUP shall be responsible for obtaining, accessing, using, exploiting, transferring, disposing, disseminating or storing (actions that jointly shall be referred to as the "Processing" for the purposes of this Notice) of the Personal Data of the Holder.

 

  1. CONFIDENTIALITY COMMITMENT

INVEST VACAY GROUP undertakes before the Holder to protect its Personal Data in accordance with the provisions of the Law on Personal Data and of this Notice and, consequently, except for the Authorized Transfers (as defined in numeral 7 hereof) to not transfer to any Third Party (as defined in section XVI of article 3 of the Law on Personal Data, provided that employees, shareholders, directors, managers, agents, attorneys, advisors and other representatives of INVEST VACAY GROUP shall not be considered "third parties") the Personal Data of the Holder [including Financial Data and Sensitive Data (as these terms are defined respectively in sections 4.1.1 and 4.1.2 of this Notice)] without the prior consent of the Holder. In addition, INVEST VACAY GROUP undertakes that in the Processing of Personal Data of the Holder it shall observe the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility.

 

  1. PERSONAL DATA AND PURPOSE OF ITS PROCESSING

4.1. Personal Data

The Personal Data the Holder has revealed or will reveal to INVEST VACAY GROUP due to the Transaction shall include, but in no case be limited to, the following:

Natural Person

  • Full birth name
  • Age
  • Marital status (property regime in case of being married)
  • Address: street, external number, interior number (if applicable), neighborhood, zip code, city and state
  • Phone number
  • Email address

Company

  • Certificate of incorporation, by-laws and proxy letter
  • Address: street, external number, interior number (if applicable), neighborhood, zip code, city and state
  • Phone number
  • Email address

4.1.1. Financial Data

In case the Holder makes the payment of the entire Transaction or any part thereof by credit or debit card (the "Card"), it shall provide INVEST VACAY GROUP with the data indicated below in relation to the Card (the "Financial Data"):

  1. Card number
  2. Issuing banking institution of the Card
  3. Card holder's name
  4. Card expiration date
  5. Card security code

4.1.2. Personal Sensitive Data

The Holder, a natural person, acknowledges and accepts that, as a result of the Transaction, it is possible, but unlikely, that INVEST VACAY GROUP shall request information and/or documents that may contain sensitive personal data that may reveal aspects such as racial or ethnic origin, state of present and future health, genetic information, religious, philosophical and/or moral beliefs, union affiliation, political opinions and/or sexual preference (the "Sensitive Data"). In such case, the Holder expressly authorizes INVEST VACAY GROUP to the Processing of Sensitive Personal Data only for the purposes indicated in section 4.2 below and, consequently, any transfer of Sensitive Data, other than Authorized Transfers, shall be previously authorized in writing by the Holder.

4.2. Purpose of Processing of Personal Data

In compliance with section II of article 16 of the Law on Personal Data, hereby INVEST VACAY GROUP informs the Holder that the purpose for which it will carry out the Processing of his Personal Data will be primarily in relation to the Transaction and/or the Unit as follows:

4.2.1. Primary Purposes

  1. Follow up on the information requests by Holder.
  2. Make and send quotes and proposals to the Holder.
  3. Comply with the obligations regarding money laundering prevention.
  4. Prepare all administrative and legal documents related to, or derived from, the Transaction and / or the Unit.
  5. Respond to the post-sale requests made by Holder.

4.2.2. Secondary Purposes

In addition to the primary purposes mentioned above, INVEST VACAY GROUP shall use the Personal Data of the Holder for the secondary purposes indicated below, which, although not essential for the Transaction, may allow INVEST VACAY GROUP, in general, to improve its services and provide better attention to the Holder. In that sense, the Holder must then mark with a cross if he agrees that INVEST VACAY GROUP processes his Personal Data for the following secondary purposes:

  1. Request the Holder for its evaluation and feedback on the Unit, the Transaction and, in general, on the service and products offered by INVEST VACAY GROUP.
  2. Send to the Holder promotions and advertising of new products and services that may be of Holder's interest.

 

  1. MEANS TO LIMIT THE USE AND DISCLOSURE OF PERSONAL DATA

In compliance with section III of article 16 of the Law on Personal Data, as well as pursuant to articles 19, 20 and 21 thereof, INVEST VACAY GROUP, considering for the existing risk, the possible consequences for the Holder, the sensitivity of the Personal Data and the technological development has established the security, administrative, technical and physical measures that allow to protect the Personal Data of the Holder against damage, loss, alteration, destruction, or against the use, access or unauthorized processing. INVEST VACAY GROUP declares to the Holder that such security measures are not, in any way, less than those that INVEST VACAY GROUP has implemented for the Processing of its own information. INVEST VACAY GROUP undertakes before the Holder that any breach of security that occurs in any phase of the Processing of the Personal Data of the Holder, shall be immediately informed to the latter so that it can take the corresponding measures in defense of its rights. Finally, INVEST VACAY GROUP guarantees to the Holder that both INVEST VACAY GROUP and any Third Party that intervenes in the Processing of the Personal Data of the Holder shall keep the confidentiality thereof, even after the end of its relationship with the Holder.

 

  1. ARCO RIGHTS AND MEANS TO ITS EXERCISE

6.1. ARCO Rights

In compliance with section IV of article 16 of the Law on Personal Data, INVEST VACAY GROUP informs the Holder that, with respect to the Processing of its Personal Data, the Holder has the rights indicated below (collectively referred to as the "ARCO Rights", Spanish acronym for "Acceso-Rectificación-Cancelación-Oposición"):

  1. Right of Access: Right to know what Personal Data of the Holder is in possession of INVEST VACAY GROUP, what is the purpose of requiring such information and the terms and conditions of the Processing thereof.
  2. Right of Correction: Right to request the correction of the Personal Data of the Holder in case they are outdated, inaccurate or incomplete.
  3. Right of Cancellation: Right to request from INVEST VACAY GROUP the deletion of the Personal Data of the Holder from its records or databases if the Holder considers that they are not being used properly in accordance with the provisions of the Law on Personal Data and those of this Notice.
  4. Right of Opposition: Right to object to the Processing of the Personal Data of the Holder for certain specific purposes.
  5. Right of Revocation: Right to revoke the Consent (as defined in section IV of article 3 of the Law on Personal Data) herein granted by INVEST VACAY GROUP for the Treatment of the Personal Data of the Holder for the purposes indicated in the paragraphs 4.2.1 and 4.2.2 hereof.

6.2. Means to Exercise the ARCO Rights

For the exercise of any of the ARCO Rights, the Holder must prepare and send to any of the INVEST VACAY GROUP addresses indicated below, a written request that must contain, inter alia, the following (the "Request"):

  1. The Holder's name, address and email to communicate the response to its Request.
  2. The documents that prove the identity or, where appropriate, the legal representation of the Holder.
  3. The clear and precise description of the Personal Data regarding which Holder is exercising any of the ARCO Rights.
  4. Any other element or document that facilitates the location of the relevant Personal Data.

6.3. Contact Details

  1. Address: Calle 7 Sur, Manzana 029, Lote 004-215, local 217-N2 Fraccionamiento Playacar Fase II, Código Postal 77710, Solidaridad, Q. Roo, México.
  2. Phone number: + 52 1 998 385 3441.
  3. Email: aviso@investvacaygroup.com

 

  1. AUTHORIZED TRANSFERS

INVEST VACAY GROUP, without prior authorization by the Holder, may disclose and/or transfer in and out of the country to the Third Parties indicated below (only for the purposes indicated therein) the Personal Data of the Holder (except for the Financial Data and, in some cases, the Sensitive Data) (the "Authorized Transfers"):

Third Party: Purpose

  • Public Notary: Formalization of legal instruments related to, or derived from, the Transaction.
  • Financial Institutions and INFONAVIT: Credit processing for the Transaction
  • Condominium Administrator: Management of the administration and Transaction of the Unit in accordance with the Condominium Regulations
  • SAT (Mexican IRS): Compliance with Tax Obligations
  • Other Real-Estate Companies and Business Partners: Sending promotions and advertising to the Holder of products or services that could be useful

 

  1. AMENDMENTS TO PRIVACY NOTICE

INVEST VACAY GROUP reserves the right to amend the content of this Privacy Notice at any time. For the corresponding amendments to take effect, INVEST VACAY GROUP shall send the new version of the Privacy Notice to the email address provided by the Holder herein.

 

  1. CONSENT

The initials on each page of this Privacy Notice and the signature on the last page by the Holder, whose information is provided below.