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Notice of privacy

In accordance with the Federal Data Personal Rights in Position of Third Parties (the “Law”), the society called “TOURS CANCUN BAY S.A. DE C.V.” (henceforth “CANCUN BAY”),  localizated  in  Calle 1ra Sur between  Carretera Federal and Avenida Juárez MZ 28 LT 6  Office 28, Col. Centro ZP Code 77710 Playa del Carmen Solidaridad, Quintana Roo, México, and the web site www.cancunbay.com, is responsable of the protection and use of your Personal Data, and about this we inform you:

Your personal data  will be collected and handled under the principles of lawfulness, consent, information, quality, purpose, loyalty, proportionality, and responsibility of conformity in keeping of the aforementioned law.

For what purposes will we use your personal data?

The Personal Data that we get of you, we will used for the next purposes that are necessary for development of our services:

 

FUDAMENTAL CONCERNS:

To contact and identify you.

Provision of service sales on line products and tourism services, tour operation vacation.

Purchase of vacation tour.

To make the arrangments of your vacation tour through web site in a easily, fast, confortable and secure way.

To inform you about the status of your reservations and purchases of your vacation tour.

To offer you about ours tourism services.

Online assistance  by our services through  our tools onlines or by telephone.

To make our charges and facturations  about our services.

To evaluate the quality of ours services.

To answer your doubts, comments and suggestions.

To contact you by email, phone, mail, or any medium of communication in relation to the informatives or promotional purposes of the company.

 

SECONDARY PURPOSES:

Additionally, we will use your personal data for the next functions that are necessary for the requested services,  so we can offer you a better care.

  • To make easier the use of our the web site cancunbay.com
  • Development of ours services.
  • To evaluate the quality of ours services.
  • Promotion and marketing of ours products and services.
  • To make internal stadistics.
  • Stadistical and analysis internal purposes.

 

What Personal Data we will use for this purposes?

To make this purposes aforementioned in this Notice Of Privacity, we request you in our web site  the follow information:

Identification dates such as full name with oficial ID, date of birth, age, photograpy, telephone number, cellphone number, address, tax residence, the  image of the holder since entering to  our instalations of Cancun Bay captured by the video security cameras , email, civil state, Federal Taxpayer Registry, population registration number, and your bank account in the case.

–Dates used for the services of online purchase that we will request your credit or debit card data such as: full name, card number, security number, expiration date, in the same accordance of the articles 8°, 10°, and 37° of the  Law this information  are not considered datas that need your express written consent to use them.

In  “CANCUN BAY” we don´t request sensitive Personal Data, it means: we do not handle or request sensitive  Personal Data; understanding thus: those Personal Data that affect the most intimate sphere of this owner, or whose improper use could open case of discrimination, or lead to big risk to the owner. In particulate, is considered sensitives those that can reveal aspects like background, health  condition present and future, data of genetic, religious beliefs, philosophical and moral, sexual preference, political opinions, affiliation labor union.

 

Security Measures and Limits of Responsabilitys

We are committed to offerd security and confidentiality about the data that you give to us when you hire our services on line, so we have a safe server under protocol SSL (Secure Socket Layer) so that, the information is encrypted for protection. Once we have the data transmition, we make the necessary efforts to guarantee your security in our the system, however we can not guarantee the total security of the transmission of information though Internet by  external violations  to ours hosttings, softwares, firawalls, so that the transmission of data by Internet is at your own risk.

 

Social Media

The social media such as Facebook®, Facebook Messenger®, Youtube®, Pinterest®, Instagram®, Google+®, Tumblr®, Reddit®, Wechat®, Skype®, Line®, Qzone®, QQ®, Weibo®, Telegram®, Twitter®, Linkedin®, Whatsapp®, and more that are available constitute a plataform of communication and interconnection between digitals plataforms of the differents users , they are foreign to  “CANCUN BAY” and, thus, they are not at your own responsibility.

The information that you gives in social media which “CANCUN BAY” participated  as an user, it does not constitute or form part of Personal Data subject to the protection of Notice of Privacy,  therefore enterprise liability it is on the plataform and who published.

 

With whom we share your Persona data and for what purposes?

We notice that your Personal Data are share, trough the country with the follow people, companys, corporations and others authorities different to us, for the follow purposes:

Recipient of the Personal Data Country (optional) Purpose of the exchange
External Advisers.

¿Who?

 

United Mexican StatesConsultancy concerning to best practices in the services offered to the customer and the optimizing of controls of quality and internal organization.
The local, state and federal   authorities, as well as the public units such as Secretaria de Hacienda y Crédito Público, INFONAVIT, IMSS, and all that indicates the Laws.

 

United Mexican StatesDischarge of obligations, fiscal,  notifications, requests, judicial office and which law requires.
Controlled companies, subsidiary companies being these  the follows: Transportes Terrestres Flamingos, S.A de C.V., Xibalba Tours, S.A. de C.V., Turismo Cultural Terrestre, S. de R. L. de C.V., Ventura Adventure, S.A de C.V., Traslados Turisticos Rivera Nay., S.A. de C.V., Transportes Turísticos Flamingos, S.A. de C.V.,  under the control of Cancun Bay, or parent company or any society of the same group of Cancun Bay that operates under the same processes and interal policies:

-When the transfer is necessary by virtue of a contract entered into or to be concluded in the interest of the holder, by the person in charge and a third party.

When the transfer is necessary for the maintenance or fulfillment of a legal relationship between the responsible part and the holder such as the Suppliers, Touristic Service Providers, Banking and Credit Institutions, and among others.

 

It is important to highlight that the third parties to whom your personal data are transferred will be bound by the same terms of thus Privacy Notice and will comply with the corresponding security and confidentiality measures.

□ I am agree and authorize you to use my Personal Data be processed and transferred in accordance with the planned in this Privacy Notice.

 

□ I am not agree and authorize you to use my Personal Data be processed and transferred in accordance with the planned in this Privacy Notice.

 

_____________________________

 

If you don´t express your refusal for such transfers, we will understand that you have give it to us.

 

What are the rights of the Personal Data Owner?

As indicated in the Federal Law on Protection of Personal Data in Possession of Individuals, as of January 6 2012, you may as the owner of Personal Data, exercise the rights of access, rectification, cancellation and opposition, same as they are known under the acronym of “ARCO Rights” (as long as it is legally appropriate). Also, you can revoke, at any time, the consent you have given and that is necessary for the processing of your Personal Data, or limit the use or disclosure thereof. The corresponding procedure for the user to exercise their ARCO rights and revoke the consent granted to Cancun Bay for the handling of their personal data is through the following email: marketing@cancunbay.com.

The rights described above are exercised through the respective request through the aforementioned email and must attach your necessary information such as: name and address or any other means for notification purposes regarding the case.

In a maximum period of 15 working days we will attend your request and inform you of the origin of it. So Cancun Bay advises the user to update their data every time they suffer some modification, in order to provide a better service.

 

 

How can you access, rectify or cancel your Personal Data, or oppose its use?

You have the right to know what Personal Data we have about you, what we use them for and the conditions of use we give them (Access). Also, it is your right to request the correction of your personal information if it is outdated, inaccurate or incomplete (rectification); that we remove it from our records or databases when it considers that it is not being used in accordance with the principles, duties and obligations set forth in the regulations (cancellation); as well as oppose the use of your Personal Data for specific purposes (opposition). These rights are known as ARCO rights.

For this is necesary send to you by written request to “CANCUN BAY”, located in : Calle 1ra Sur Carr. Fed. Tulum-Cancún LT 6 MZ 28 Local 28, Col. Centro, Playa del Carmen Solidaridad , Quintana Roo, México or by email to  marketing@cancunbay.com.

 

How can you revoke your consent for the use  of your Personal Data?

You can revoke the consent that, in the case, you have granted us for the treatment of your Personal Data. However, it is important that you keep in mind that we will not be able to meet your request or terminate your use immediately, as it is possible that due to some legal obligation we may continue to process your Personal Data. Also, you must consider that for certain purposes, the revocation of your consent will imply that we can not continue to provide the service you requested, or the conclusion of your relationship with us.

To revoke your consent you have to present a request in our offices located in “CANCUN BAY”, with adress in : Calle 1RA Sur Carr. Fed. Tulum-Cancún LT 6 MZ28 Local 28, Col. Solidaridad, Quintana Roo, México, or by email to marketing@cancunbay.com.

The revocation of consent can be made at any time, without retroactive effects being attributed. To initiate the revocation process, you must clearly indicate the consent you wish to revoke in writing to the addresses indicated above or to the email: marketing@cancunbay.com. The request, in writing and / or electronic, of access, rectification, cancellation or opposition, must contain and accompany the following:

  1. The full name of the owner with address or other way to communicate the answer of the request.
  2. The documents that prove the identity or where appropriate, the legal representation of the owner
  3. The clear and precise description of the Personal Data with regard to which one seeks to exercise any of the aforementioned rights, and
  4. Any other document or elemnt that facilitates the location of the Personal Data.
  5. In the case of requests for rectification, the owner must indicate the modifications to be made and provide the documentation supporting this request.

 

 “CANCUN BAY” will comunicate to the owner in fifteen bussisnes day, counted from the date on which the request for access, rectification, cancellation or opposition was received, the decision adopted so that, if it is appropriate, it becomes effective within fifteen days to the date on which the answer is communicated. In the case of requests for access to Personal Data, the delivery shall proceed, after proof of identity of the applicant or legal representative, as applicable. The terms aforementioned, may be extended only once for an equal period; as long as, justify the circumstances of the case.

The obligation, of data acces, will be fulfilled when  the Personal Data is made available to the owner; or, through the issuance of simple copies, electronic documents or any other means that “CANCUN BAY”provides to the owner.

In the case that the owner requests access to the data, a person presuming is responsible and it turns out not to be so, it will be sufficient for the owner to be informed by any of the printed media (letter of non-origin) or electronic (email, optical media, etc.) to have the request fulfilled.

“CANCUN BAY” may deny the access to the Personal Data or make the rectification or cancellation or grant the opposition to the treatment thereof, in the following cases:

  1. When the applicant is not the owner of the Personal Data, or the legal representative is not duly accredited for it.
  2. When in your database, the Personal Data of the applicant is not found.
  3. When the rights of a third party are injured.
  4. When there is a legal impediment, or the resolution of a competent authority, that restricts access to Personal Data, or does not allow rectification, cancellation or opposition of the same.
  5. When the rectification, cancellation or opposition has been previously made.

The refusal to be notified may be partial, in which case “CANCUN BAY”will make the access, rectification, cancellation or opposition required by the owner.

In all the above cases, “CANCUN BAY”must inform the reason for its decision and communicate it to the owner, or where appropriate, to the legal representative, in the facts established for that purpose, by the same means by which it was carried out the request, accompanying, where appropriate, the evidence that results relevant.

 

“CANCUN BAY”  will not be obliged to cancel the Personal Data when:

  1. It refers to the parts of a private, social or administrative contract and are necessary for its development and fulfillment.
  2. They must be treated by legal provision.
  3. Obstruct judicial or administrative proceedings related to tax obligations, the investigation and prosecution of crimes or the updating of administrative sanctions.
  4. It is necessary to protect the legally interests of the owner.
  5. It is necessary to perform an action based on public interest.
  6. It is necessary to comply with an obligation legally acquired by the owner.

If cancellation is appropriate, “CANCUN BAY”will establish a blocking period for the sole purpose of determining possible responsibilities in relation to its treatment until the legal or contractual limitation period, and notify the owner or his representative in the response to the request for cancellation, which is issued within a period of twenty working days, carry out the blockade within fifteen working days and after the blocking period, carry out the corresponding deletion.

The blocking period will be until to the corresponding statutory or contractual limitation period.

 

How can you limit the use or disclosure of your personal information?

In order for you to limit the use and disclosure of your personal information, we offer you the following means:

  1.  Your registration in the Public Registry to Avoid Publicity, which is in charge of the Procuraduría Federal del Consumidor, with the purpose that your Personal Data will not be used to receive advertising or promotions of companies of  services, which will be sent to you and to the contacts registered for such purpose, this indication you can modify it at any time by sending an email to marketing@cancunbay.com

 

The use of tracking technologies in our Internet

In our website we can use cookies, web beacons and / or similar technological elements to obtain information, such as the following: (a) your browser type and operating system; (b) internet pages you visit; (c) links that follow; (d) IP address; (e) sites you visited before entering ours; (f) user recognition; (g) detect outstanding information; and (h) measure some traffic parameters. In the “Help” section located in the toolbar of most browsers, it will tell you how to avoid accepting new cookies, how to make the browser notify you when you receive a new cookie or how to disable all cookies.

The cookie is a small file that sends a web server to your computer, which is stored on the hard drive of your computer, bringing with it that as soon as you log back into our website we can use the information stored in the cookie, such as your preferences to facilitate the use of our Internet portal. The cookie does not allow knowing your personal identity, and this will only happen, in the event that you expressly choose to provide it to us. A large part of the cookies will end after a certain period of time, or they may be deleted by you at any time. You can set your browser to notify you when you receive a cookie so that you can accept or reject them.

 How can we use the cookies in Cancun Bay?

They are session or temporary cookies that remain in the cookie file of your browser at the time of your visit on our website and also persistent cookies for repeated visits. The main functions performed by both types are the following:

–        Personalized Experience:

Cookies help us differentiate one user from another when they visit the website and allow us to interact with several functions of our platform. The following points depend on cookies:

  • Memorize country and language.
  • Selection of the tours of your preference.
  • Display the specific search history and destinations you have already visited.
  • Notifications about the tours that may be of interest to you.

– Analytical Projections.

They help a better analysis to optimize our website through an anonymous tracking of the links and features that are used more frequently. The information is captured to create anonymous statistics that are used to identify the opportunity areas and the successful ones of the website. Cookies play an important role in order to offer an optimal experience on the site.

 How can I managment the use of cookies?

You can decide not to allow cookies to be stored in the browser, however you must take into account that some of the main features of the website can not be used. On the other hand the basic searches will work correctly.

To avoid using cookies you can modify your browser settings to receive notifications every time you use cookies or to completely block storage. You can also choose delete those that are already stored. The configuration depends on the browser you use. In the “Help” section it will be easier to locate this option.

If cookies are necessary for the functionality of the “CANCUN BAY” website, your consent is not required for its use. The cookies expire after leaving the main website of “CANCUN BAY”. However, persistent or third-party cookies require your consent for the selections and preferences made on the site. When selecting the option “Accept cookies” you declare your approval to use them.

OUR COOKIES

They are an amount to the user can surf on the web site and use all fuctionts.

THIRD-PARTY COOKIES

They are imposed by an organization outside the website that the user visits. It is basically managed by the marketing or data analysis area.

SESSION COOKIES

These are mainly used by online shops, and allow you to keep ítems in yor basket when shopping online. These cookies expire whe the browser is closed.

PERMANET COOKIES

These remember your login details and password, and delate the data  automacally when you close the browser.

Exclusion of responsibility of website.

Our Website may contain links or links to external websites that do not correspond to “CANCUN BAY” and have no relationship with us.

The Personal Data that you may provide through these portals or websites that are not covered by this Privacy Notice and its Treatment is not the responsibility of “CANCUN BAY”.

We recommend you to double check and read the notice of privacy as well as the use of said external websites before making use of them.

 

How can you know the changes to this Privacy Notice?

This Privacy Notice may suffer modifications, changes or updates derived from new legal requirements; of our own needs for the products or services we offer; of our privacy practices or changes in our business model.

We reserve the right to change this Privacy Notice at any time at the discretion of its administrators. The last update in Privacy Policy, as well as any change in the Privacy Notice, you can consult it in our page www.cancunbay.com , section privacy notice. The modifications or updates that are made, will come into force at the time they are published on the website www.cancunbay.com, on its affiliated sites or in any media that you use to publish it, so it is recommended that you continuous review.

If the user uses the services in any of the “CANCUN BAY” sites, it means that he has read, understood and agreed to the terms set out above. If you do not expressly object to this notice and its updates, it is understood that you have granted your tacit consent in terms of article 8 of the LFPDPPP.

Closing of the Privacy Notice.

13 april 2018