Privacy Notice "Punta Blanca"

La Barcella Servicios de Consultoria, S.A. de C.V. (hereinafter, "Punta Blanca"), in compliance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties 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 Data Subject (as such term is defined below), informs you of the following:

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

Punta Blanca (hereinafter, the "Data Controller") shall be responsible for the use and protection of all personal data provided to it, both by individuals who provide it directly to Punta Blanca, and by those who are designated as contact persons for another individual for purposes of fulfilling the contractual relationship of the latter with Punta Blanca (hereinafter, the "Data Subject" or "Data Subjects"). To this end, Punta Blanca makes this Privacy Notice available to you.

For purposes of this Privacy Notice, Punta Blanca designates as its address: Santa Fatima 3 Blvd Costa Mujeres, 77400. Cancun, QR, Mexico.

The main purposes for which Punta Blanca collects Personal Data from the Data Subject are: (i) the offering, promotion, marketing and provision of Punta Blanca's 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) evaluating the quality of Punta Blanca's products and services; purposes that are not necessarily required to fulfill the obligations derived from the legal relationship that, if applicable, Punta Blanca has with the Data Subject, therefore, in case the Data Subject does not agree that Punta Blanca uses their Personal Data for such purposes, they will have a period of five (5) business days from the date on which Punta Blanca collects their Personal Data to, if applicable, express their refusal for the processing of their Personal Data by Punta Blanca for such purposes. The foregoing is without prejudice to the Data Subject's rights pursuant to the provisions of section seven of this Privacy Notice.

Punta Blanca may collect/request from the Data Subject, by way of example but not limitation, the following personal data for the purposes set forth in this Privacy Notice: (i) full name; (ii) address, (iii) photograph (official identification, as well as, where applicable, the image of the Data Subject when entering Punta Blanca's 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 Registry Code; (xi) account number; and, (xii) economic activity (hereinafter, individually and/or collectively, the "Personal Data").

It is the responsibility of the Data Subject to guarantee that the data provided personally or directly to Punta Blanca is truthful and complete, as well as to notify Punta Blanca of any modification thereto in order to fulfill the obligation to keep all information provided by the Data Subject to Punta Blanca duly updated.

We inform you that sensitive personal data of the Data Subject will not be collected or processed by Punta Blanca, such as those referring 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 duration of Punta Blanca's handling of the Data Subject's Personal Data will depend on the legal relationship entered into between the Data Subject and Punta Blanca, as well as on the obligations required by applicable current legislation, competent authorities and Punta Blanca's internal policies. In accordance with the provisions of the Law, Punta Blanca will grant access to the Data Subject's Personal Data (through referrals) to those persons who have the status of Data Processors (as such 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 who, derived from such legal relationship, need to know the Data Subject's Personal Data; provided that they assume the commitment to keep it under strict confidentiality and security, also acknowledging that they know the terms and conditions of this Privacy Notice and committing to comply with them as well as with the provisions of the Law.

In the event that the safeguarded Personal Data is required by an authority of any kind or must be delivered to the latter in accordance with current legislation, such data will be made available within strict compliance with the Law, a transfer that does not require the consent of the Data Subject pursuant to the provisions of Article 37 of said legal ordinance.

The Data Subject of the processed Personal Data or their duly accredited legal representative shall have the right to request Access, Rectification, Cancellation, Opposition or Revocation, as well as to limit their use or disclosure ("ARCO Rights"), through:

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

Such ARCO Rights exercise request must contain/comply with, at least, the following requirements: (i) the name of the Data Subject and address or other means to communicate the response to their request; (ii) the documents that prove the identity or, where applicable, the legal representation of the Data Subject; (iii) the clear and precise description of the Personal Data with respect to which the exercise of any of the aforementioned rights is sought; and (iv) any other element or document that facilitates the location of the Personal Data.

Punta Blanca will attend to your request and respond within a period not exceeding 3 (three) business days from receipt thereof, in the manner indicated by the Data Subject in their request for such purposes. Likewise, it will inform and/or provide the corresponding modality and/or means of reproduction, through which the Data Subject may receive the information and/or response to the actions requested through the exercise of their ARCO Rights. The foregoing is subject to none of the exceptions contained in the Law being updated, and to the applicant complying with the provisions of Article 29 of said legal ordinance, which establishes the requirements that must be contained in the requests submitted by the Data Subjects.

Punta Blanca reserves the right to modify this Privacy Notice at any time to adapt it to legislative or jurisprudential developments, as well as to commercial practices. In such cases, the reference changes will be announced on the website https//www.puntablanca.mx.

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

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

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

This Privacy Notice, as well as the general handling of the Law by Punta Blanca, is governed by the current and applicable legislation in the United Mexican States. Any controversy arising from its application must be resolved before the National Institute of Transparency, Access to Information and Personal Data Protection (INAI), or before the competent Courts in Mexico City.

Last updated: August 2022