A. Identity and Domicile of the Data Controller.
In accordance with the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter referred to as LFPD) and in accordance with applicable provisions, Palace Elite Memberships, S.A. de C.V. (hereinafter and indistinctively referred to as “Palace Elite®” or as “Data Controller”) having corporate domicile for hearing and being served notices at Carretera Cancún Puerto Morelos Km 21, Manzana 01, Lote 1 – 11, Edificio A, Supermanzana 47, Municipio Benito Juárez, Cancún, Quintana Roo, C.P. 77506, expressly informs:
B. Personal Data Collected and Subjected to Processing.
In order to fulfill the purposes described herein, we collected the following types of personal data: 1) Identifiable Data. 2) Personal Characteristics Data. 3) Economic, Financial and Insurances Data.
C. Processing of Sensitive Personal Data.
The Data Controller does not collect any sensitive personal data for any of the purposes listed below.
D. Processing Purposes.
a. Initial and Necessary Purposes 1. To provide the expressly engaged services, under any of modalities thereof, as an affiliate or Palace Elite®. 2. To secure the functionality and quality of the benefits acquired, by means of the hiring or confirmation of the services rendered by third-parties which services are or have been requested by the users themselves before or during the stay thereof. 3. To allow you access to our on-line services. 4. To notify you about any changes performed to our services. 5. To invoice the rendered services and the supplied products, as well as to conduct the judicial or extrajudicial collection thereof. 6. To submit any communications about any offers and new products and/or services rendered by Palace Resorts®. 7. To make the statistics and the historical registry of the affiliates. b. Additional Purposes 1. To make satisfaction surveys. In addition to the foregoing, we inform you that the personal data corresponding to third-parties, which you provide to Data Controller for the compliance with the purposes described above (e.g. family data) shall be provided after such people has been informed on the existence of the processing and on the contents hereof.
E. Additional Purposes. Processing Denial.
I do not want to participate in satisfaction surveys. You may, at all times, revoke your consent for the processing of your personal data with regard to the described additional purposes, by means of the mechanisms contained herein and pursuant to the effective legislation.
F. Transfer of Personal Data.
Your personal data (including your sensitive data) may be transferred and processed by people different from Data Controller. Addressees of transferences (either national or international) correspond to the following categories: 1. Holding, Subsidiary or Affiliate Corporations of Palace Elite® having centralized-information protection, registration and un-registration control, changes to services provision thereof and Data Controller’s users’ statistics preparation purposes in an aim to assess, improve and design new services for said users. 2. Unaffiliated Third-Parties (Service Providers) for the sole and exclusive purpose that such third-parties help Palace Elite® in providing the services related to service rendering thereof and in engaging additional necessary services or services expressly requested by Data Subject during the stay thereof (observance of the legal relationship between Data Controller and Data Subject / compliance with the agreements executed or to be executed in Data Subject’s best interest by Data Controller and a third-party). 3. Collection Companies to recover any unpaid credits and to judicially or otherwise collect them. 4. Business Partners for promoting and/or sponsor any products, services and special offers.
G. Data Transfer Consent.
The Personal data transfer referenced at numbers from 1 to 3 above do not require your consent for the conduction thereof, pursuant to the provisions of LFPD article 37. For the conduction of the transfer of the personal data mentioned under number 4 above, we require your consent. I consent that my data is transferred to third-parties identified as “Business Partners” for the purposes described above. The knowledge and acceptance hereof through the electronic means which Grupo Palace Resorts® and Palace Elite® use for collecting personal data, particularly the webpage www.palaceelite.com entails that you award your consent for your personal data being transferred to “Business Parties”. At all times, you may inform to Palace Elite® that you intend to withdraw your consent for the future transfer of your personal data. For the rest of the events, your personal data shall not be transferred to any third-parties without your consent, except for exceptions contained at article 37 of the LFPD. Transfer thereof shall always meet the conditions set forth at article 37 of the LFPD.
H. ARCO Rights Exercise.
For all legally possible cases, you may, at all times, enforce your access, rectification, cancellation and opposition rights (hereinafter referred to as ARCO rights) through procedures we have implemented. Your request shall comply with requirements set forth on the effective legislation, by means of a document addressed to our Chief Privacy Officer, whose domicile is Carretera Cancún Puerto Morelos Km 21, Manzana 01, Lote 1 – 11, Edificio A, Supermanzana 47, Municipio Benito Juárez, Cancún, Quintana Roo, C.P. 77506. The request shall contain the following information: I. Your name and domicile or any other means for letting you know the answer to your request; II. The documents proving your identity or, if applicable, your power of attorney; III. A clear and precise description of the personal data with regard to which any ARCO rights are to be enforced; and IV. Any other element or document which makes it easy to locate personal data. Data Controller shall inform to you, within a twenty business day maximum term from the date when Data Controller receives the relevant request, on the adopted determination. If your request is accepted, it shall be conducted within a fifteen business day term after the date when Data Controller communicates the answer. In case the information provided in your request is mistaken or insufficient, or in the event that documents required for proving your identity or power of attorney are not enclosed thereto, Data Controller, within the five business days after your request had been received, shall demand that deficiencies are corrected in order to process your request. In these cases, you shall have ten business days for the performance of the correction; which period shall commence on the day after receipt thereof. It shall be deemed that the relevant request has not been submitted should you do not answer within said term. You may obtain the requested information or personal data through single copies thereof, electronic documents in conventional formats (Word, PDF, etc.), by means of a restricted and authorized access to the system processing your personal data (access) or trough any other lawful means guaranteeing and accrediting the efficient exercise of the requested right. Alternatively, the Data Subject may address the request to firstname.lastname@example.org, meeting all the aforementioned requirements, stating as subject thereof as follows: “ARCO Rights and/or Revocation of Consent”. Procedure terms shall be the same mentioned at paragraph above. The usage of electronic means for enforcing the ARCO rights authorizes the Data Controller to answer the relevant request through the same means thereof, unless the Data Controller clearly and expressly establishes any other means for such purposes. You shall be responsible for updating your personal data held by the Data Controller; therefore, you guarantee and shall be liable, in any case, for the veracity, accuracy, effectiveness and authenticity of personal data provided and bind to keep such data updated, communicating any change to Data Controller
I. Consent Revocation
You may revoke your consent for the processing of your personal data, without any retroactive effects, in all cases were such revocation does not entail that it will be impossible to fulfill any obligations arising from an effective legal relation between you and Data Controller. The procedure for revoking the consent, if applicable, shall be the same one that is set forth at the foregoing section for the exercise of the ARCO rights.
J. Limitations to the Disclosure of your Personal Data.
You may limit the use or disclosure of your personal data by addressing the relevant request to our Personal Data Department. Requirements for proving your identity, as well as the procedure for taking care of your request shall be the same as those indicated at section H) hereof (Exercise of the ARCO rights).
K. Automated Means for Collecting Personal Data
L. Amendments or Updating Hereto
The Data Controller may amend, update, extend or otherwise change the terms, conditions and scope hereof at any time at its entire discretion. In which event, Palace Elite® shall publish such changes at the website www.palaceelite.com.
Last Updated: July 1, 2017