“Punta Blanca” Privacy Notice

La Barcella Consulting Services, S.A. de C.V. (hereinafter, “Punta Blanca”), in compliance with the provisions of the Federal Law on the Protection of Personal Data Held by Individuals and its Regulations (hereinafter, the “Law”), whose provisions are intended to control and protect your personal data held by private third parties, by means of this Privacy Notice and prior to obtaining any type of personal data from the Owner (as this term is defined below), informs you of the following:

That the personal data (as this term is defined in the Law) that Punta Blanca obtains through: (i) information provided personally or directly by the Owner; (ii) indirect means; (iii) use of Punta Blanca's application, website and/or online services; and/or, (iv) other sources permitted by legislation, will be treated as confidential information.

Punta Blanca (hereinafter, the”Responsible”) will be responsible for the use and protection of all personal data provided to it, both by individuals who provide them directly to Punta Blanca, and those who are identified as another person's contact for the purpose of complying with the latter's contractual relationship with Punta Blanca (hereinafter, the”Titular” or the”Headlines”). For this purpose, Punta Blanca makes this Privacy Notice available to you.

For the purposes of this Privacy Notice, Punta Blanca indicates that its address is located at: Santa Fátima 3 Blvd Costa Mujeres, 77400. Cancun, QR, Mexico.

The main purposes of the Personal Data information that Punta Blanca collects from the Owner are to: (i) the offering, promotion, marketing and provision of Punta Blanca services and products; (ii) sending newsletters, invitations to special events, new products and information about Punta Blanca's services and products; as well as (iii) evaluate the quality of Punta Blanca's products and services; purposes that are not necessarily required to comply with the obligations deriving from the legal relationship that, if any, Punta Blanca has with the Owner, so that, if the Owner does not agree that Punta Blanca uses his Personal Data for such purposes, he will have a period of five (5) business days from the date that Punta Blanca collects his Personal Data, so that, if appropriate, the Data Controller expresses his refusal to process of your Personal Data by Punta Blanca for these purposes. This is without prejudice to the rights of the Owner as provided in the seventh section of this Privacy Notice.

Punta Blanca may collect/request from the Owner, including but not limited to, the following personal data for the purposes indicated in this Privacy Notice: (i) full name; (ii) domicile, (iii) photograph (official identification, as well as, where appropriate, the image of the Owner when entering the Punta Blanca facilities through video surveillance and security cameras); (iv) landline and/or cell phone; (v) email; (vi) nationality; (vii) date of birth; (viii) marital status; (ix) Federal Taxpayer Registry (RFC or Tax ID); (x) Unique Population Registration Key; (xi) account number; and (xii) economic activity (hereinafter, individually and/or as a whole, the “Data Personal”).

It is the responsibility of the Personal Data Owner to ensure that the data provided personally or directly to Punta Blanca is true and complete, as well as to notify Punta Blanca of any changes to them in order to comply with the obligation to keep all the information provided by the Owner to Punta Blanca duly updated.

We inform you that Punta Blanca will not collect or process sensitive personal data from the Data Controller, such as those relating to racial or ethnic origin, present and/or future health status, genetic information, religious, philosophical and/or moral beliefs, union membership, political opinions, sexual preference, among others.

The timing of Punta Blanca's handling of the Owner's Personal Data will depend on the legal relationship between the Owner and Punta Blanca, as well as on the obligations required by current applicable legislation, competent authorities and Punta Blanca's internal policies. In accordance with the provisions of the Law, Punta Blanca will give access to the Owner's Personal Data (through referrals) to those persons who have the status of Processors (as this term is defined in the Law), such as service providers or business partners of Punta Blanca who have a legal relationship with the latter and to whom, as a result of this legal relationship, it is necessary to know the Personal Data of the Owner; provided that they undertake to keep it under a strict order of confidentiality and security, also recognizing that you know the terms and conditions of this Privacy Notice and are committed to complying with them as well as with the provisions of the Law.

In the event that the protected Personal Data are required by an authority of any kind or must be provided to the latter in accordance with current legislation, these data will be made available to you in strict compliance with the Law, a transfer that does not require the consent of the Data Controller in accordance with the provisions of article 37 of that legal system.

The Owner of the Personal Data processed, or their duly accredited legal representative, will have the right to request Access, Rectification, Cancellation, Opposition or Revocation, as well as to limit their use or disclosure (”Rights ARCO”), by means of:

  1. Written request, addressed to Santa Fátima 3 Blvd Costa Mujeres, 77400. Cancun, QR, Mexico, or
  2. Request made to the email: info@puntablanca.mx

Such a request to exercise ARCO Rights must contain/meet, at least, the following requirements: (i) the name of the Owner and address or other means to communicate the response to your request; (ii) documents that prove the identity or, where appropriate, the legal representation of the Owner; (iii) the clear and precise description of the Personal Data with respect to which one seeks to exercise any of the above-mentioned rights; and (iv) any other element or document that facilitates the location of Personal Data.

Punta Blanca will respond to your request and will respond to you within a period not exceeding 3 (three) business days from the receipt of the request, in the manner indicated by the Owner in his request for these purposes. It will also inform you and/or provide the corresponding mode and/or means of reproduction, through which the Owner may receive the information and/or response to the actions requested through the exercise of their ARCO Rights. This is subject to the fact that any of the exceptions contained in the Act are not updated, and that the applicant complies with the provisions of article 29 of that legal system, which establishes the requirements that the requests submitted by the Holders must contain.

Punta Blanca reserves the right to modify this Privacy Notice at any time to adapt it to new legislation or case law, as well as to business practices. In such cases, the reference changes will be announced on the website https://www.puntablanca.mx.

In the event that Punta Blanca requires the use of Personal Data for purposes other than those convened/provided for in this Privacy Notice, or requires Personal Data from the Owner other than those indicated therein, the Owner will be notified either in writing, telephone, electronic or by any optical, sound, visual or other means that technology allows now or in the future, explaining the new uses it intends to give to such information in order to obtain your consent in terms of the Law.

This Privacy Notice and, where appropriate, its modifications will be announced on the website https://www.puntablanca.mx.

If the Data Controller considers that his right to personal data protection has been injured by any conduct of our employees, or from our actions or responses he presumes that in the processing of his personal data there is a violation of the provisions of the Law, he may file a complaint through the email info@puntablanca.mx as well as file the mechanisms provided for by the Law with the National Institute for Transparency, Access to Information and Protection of Personal Data (INAI). For more information visit www.inai.org.mx

This Privacy Notice, as well as the general management of the Law adopted by Punta Blanca, is governed by current and applicable legislation in the United Mexican States. Any controversy that arises as a result of its application must be submitted to the National Institute for Transparency, Access to Information and Protection of Personal Data (INAI), or to the competent Jurisdictional Bodies in Mexico City.

Date of update: [August 2022]