INTEGRAL PRIVACY NOTICE
Date of last update: 01/25/21
Desarrollos Inmobiliarios Laguna del Mar, S.A. de C.V., with address located at: Manuel A. Camacho Bulevar number 177, Colonia Reforma Social, ZIP Code 11650, Mexico City, Mexico (hereinafter "DILMAR"), will be responsible for the processing and safekeeping of your personal data, which will be obtained through DILMAR and, when appropriate, its affiliate companies, subsidiaries and/or companies of the same business group, without prejudice to the fact that it may designate third parties as commissioners, in accordance with the Federal Law for the Protection of Personal Data Held by Private Parties (hereinafter, the "Law"), its Regulations and the Guidelines of the Notice of Privacy, (jontly, the "Legislation") makes available this Privacy Notice (hereinafter the "Notice") that establishes the terms and conditions under which DILMAR will carry out the processing to which the personal data will be submitted (hereinafter, the "Processing").
1. PERSONAL DATA AND EXPRESS CONSENT FOR ITS PROCESSING
DILMAR, through the sources that are allowed by Law, will collect the following personal data: (i) Name, (ii) Contact information such as address, telephone and e-mail, (iii) Federal Taxpayers´ Registry, (iv) Unique Code of Population Registration, and (v) other financial and patrimonial data, for which it grants the express consent for its Processing (hereinafter the " Personal Data ").
By virtue of the foregoing, you are informed that, in accordance with the article 8 of the Law, the processing of the financial or patrimonial data will require the express consent of the owner, except for the exceptions referred to in articles 10 and 37 of the Law. In compliance with articles 15, 16, 17 and 19 of the Regulation, express written consent is sought from the owner in this notice, since the processing of personal, patrimonial and financial data may include different purposes to those that are necessary, and give rise to the legal relationship between the responsible and the owner.
Likewise, it is your knowledge that we will never ask you for personal data considered by the Law to be sensitive, so in the case that DILMAR requires sensitive data, they will be requested with all the formalities established by the Legislation.
2. PURPOSE OF THE PROCESSING ("Purposes").
DILMAR collects such Personal Data, by virtue of the legal relationship that exists between it and the owner of the Personal Data with the main purpose of: (i) Complying with obligations derived from the legal commercial relation that it is had with you, that is to say, commercialization, purchase, sale and/or lease of real estate, affectation to trust, and/or real estate activities; they are treated for the purposes of: identification, operation, administration, planning, analysis, offering, promotion of goods, products and/or services and other compatible or analogous and lawful purposes, to establish, if necessary, a legal relationship and fulfill obligations derived from the same one; (ii) Improve the communication with our clients and/or the contracting of the services offered by DILMAR, (iii) Provide customer services, clarification of doubts or complaints that exist, (iv) Make collections, (v) Carry out the corresponding bill, (vi) Checking your credit history; (vii) To comply with and follow up on obligations contracted with our clients and evaluate the quality of the service we provide. Additionally, DILMAR collects Personal Data for certain secondary purposes, which, while not necessary, allow us and facilitate the opportunity to provide better care such as: (i) Advertising (Newsletters and commercial communications), and (ii) Referral of promotional information according to your interests (the “Purposes”).
Likewise, we inform you that your Personal Data may be transferred and processed inside and outside the country, by different persons other than DILMAR, in this sense, your Personal Data may be transferred to entities that form or not directly or indirectly part of DILMAR, its subsidiaries and affiliates to fulfil with the Purposes. In this sense, your information may be shared among other companies with Iberdrola Inmobiliaria, SAU; Secure Title Latin America; Banco Autofin México (BAM), S.A.; Notary Public nº 76, Puerto Peñasco, Sonora, among others.
In any case, your Personal Data will always be processed based on the principles of legality, consent, information, quality, purpose, loyalty, proportionality and liability in terms of the Legislation.
If you do not want your Personal Data to be transferred as provided by the terms set forth in this privacy notice, you may inform us such situation through the request mentioned below.
To limit the use and disclosure of your data, we will maintain policies and procedures of safety and confidentiality.
The exercise of your rights of access, rectification, cancellation or opposition and revocation of consent, may be made by written request to the following email address: asesoriajuridica.gdpr@iberdrolainmobiliaria.com. These requests must:
• Address the legal area, which has been designated as responsible for the processing of applications and promotion of Personal Data protection.
• Include the name of the owner and address or other means to communicate the response to your request.
• Accompany the request with the documents that prove the identification of the owner, or where appropriate, legal representative of the owner.
• Include a clear and precise description of the personal data on which the rectification, cancellation or opposition will be made, or where appropriate, the revocation of the consent.
We will have a maximum period of one (1) month, counted from the date of receipt of your request, to attend to it, and we will inform you of the resolution by the means of contact established in your request.
Likewise we inform you that you must consider that, for certain purposes, the revocation of your consent will imply that we can not continue providing the service requested, and/or the conclusion of the relationship with DILMAR.
We will inform you of the changes made to this notice, through releases sent by any means of communication that we have with you. We also put to your entire disposition copies of this privacy notice at our address.
3. TRANSFER OF PERSONAL DATA
By means of this Notice, you expressly accept and authorize that your Personal Data will be transferred and processed, within and outside the Country, by DILMAR to the companies of its business group, to intermediaries, national and international suppliers and other service providers, such as Iberdrola Inmobiliaria, SAU; Secure Title Latin America; Banco Autofin México SA (BAM); Notary Public nº 76, Puerto Peñasco, Sonora, among others; that have to do with the services subject matter of this notice, as well as that are necessary by virtue of a contract concluded or to be entered into in your interest, and are necessary for the maintenance or fulfillment of a legal relationship between DILMAR and you or for the development of the Purposes.
I authorize DILMAR to manage my Personal Data (personal, patrimonial and financial data), and if applicable, be transferred and treated inside and outside the country by third parties, this only in accordance with the Purposes.
I do not authorize DILMAR for my Personal Data to be transferred to third parties.
If you expressly indicate by marking the corresponding authorization box and signing this document, we will understand that you have given us your express consent in writing.
If there is opposition on your part regarding the transfer (permitted by law) of your Personal Data to third parties, you may exercise your right of opposition and may even request that these be removed from the DILMAR´s database.
4. REVOCATION OR LIMITATION OF YOUR CONSENT
The authorization for the Processing of the Personal Data provided may be revoked at any time in accordance with the following:
4.1 ARCO Rights. You can exercise your right of access, rectification, cancellation or opposition in accordance with the provisions of the Law, by request in writing to the email address asesoriajuridica.gdpr@iberdrolainmobiliaria.com, indicating: (i) name and email or other means to communicate the response to your request, (ii) the documents that prove your identity or, where appropriate, your legal representation, (iii) the clear and precise description of the Personal Data with respect to which you wish to exercise any of the rights mentioned above, (iv) any other element or document that facilitates the identification of the Personal Data, and (v) the modifications to be made. Also, you must provide the documentation that supports your request.
4.2. Revocation of Consent. The consent for the Processing of your Personal Data may be revoked at any time by written request to the email address asesoriajuridica.gdpr@iberdrolainmobiliaria.com, indicating: (i) name and email or other means to communicate the response to your request, (ii) the documents that prove your identity or, where appropriate, your legal representation, (iii) the express manifestation of revoking your consent for the Processing of your Personal Data, (iv) any other element or document that you provide the identification of the Personal Data, and (v) the modifications to be made. Also, you must provide the documentation that supports your request.
4.3 Limitation of the use and disclosure of Personal Data. At any time, you may limit the use or disclosure of your Personal Data for: (i) its registration in the Public Registry of Consumers provided for in the Federal Law on Consumer Protection, (ii) its registration in an automated file owned by DILMAR or (iii) receive communications or promotions from DILMAR. The above by written request to the email address asesoriajuridica.gdpr@iberdrolainmobiliaria.com, indicating: (i) name and email or other means to communicate the response to your request, (ii) documents that prove your identity or, if applicable, its legal representation, (iii) the express manifestation of limiting the use and/or disclosure of your Personal Data, (iv) any other element or document that facilitates the identification of the Personal Data, and (v) the modifications to be made. Also, you must provide the documentation that supports your request.
4.4 DILMAR will inform you via email, within a maximum period of 15 (fifteen) working days (counted from the date on which it received the corresponding request duly integrated) the adopted decision, to the purpose that, if appropriate, be made effective within a period of one (1) month following the date on which the response is communicated, the foregoing in accordance with the provisions of the Law, the aforementioned terms may be extended only once for an equal period, as long as the circumstances of the case justify it. In case the information provided in your application is erroneous or insufficient, or the corresponding accreditation documents are not accompanied, we may request, within 15 (fifteen) working days following the receipt of the request, to provide the necessary elements or documents to process it. You will have 10 (ten) business days to meet the requirement, counted from the day after you received it. If there is no response within that period, the corresponding request will be deemed not filed.
4.5 DILMAR may deny access to the Personal Data, or make the rectification or cancellation or grant the opposition to the Processing of the same when: (i) the applicant is not the Personal Data Owner or the legal representative is not duly accredited to it; (ii) does not find the applicant's Personal Data in its database; (iii) rights of a third party are injured; (iv) there is a legal impediment or in its case there is a resolution of a competent authority that restricts access or prevents rectification, cancellation or opposition of the same; and (v) the rectification, cancellation or opposition has already been made.
5. SECURITY MEASURES OF PERSONAL DATA
DILMAR has implemented the necessary and sufficient measures to guarantee that this Notice is respected at all times, establishing the security, administrative, technical and physical measures that facilitate the protection of your Personal Data, as well as avoiding any damage, loss, alteration, destruction or unauthorized use thereof. Likewise, both DILMAR and its staff, who have access to your personal data in the exercise of their functions or take part in any phase of the processing, undertake to keep confidentiality regarding their personal information.
Any breach of security that causes the accidental or unlawful destruction, loss or alteration of personal data transmitted, conserved or otherwise processed, or unauthorized communication or access to mentioned data, will be communicated to the interested party as soon as reasonably possible.
6. MODIFICATIONS TO THE NOTICE
We reserve the right to make changes or updates to this Notice at any time, for the attention of new legislation, internal policies or new requirements for the provision of services and/or products offered by DILMAR, which will be informed, where appropriate, expressly and in writing.
You declare that you have read and agree to the terms and conditions of the Notice, knowing the purpose of the collection and processing of your personal data, as well as the procedure for the exercise of your ARCO Rights.