PRIVACY NOTICE

COMERCIALIZADORA ACCESS DEL PUERTO, S.A. de C.V., commercially known as MARIVAL ACCESS, a commercial corporation of mexican nationality, with its address in Paseo de los Cocoteros s/n, inside Marival Resort & Suites, in Nuevo Vallarta, municipality of Bahia de Banderas, Nayarit, Mexico, 63732, telephone number 322 226 82 00, extension 4577, website www.marivalaccess.com, is responsible for the use and protection of your personal data, pursuant to that we hereby inform you as follows:

1. With what purposes we will use your personal data? 

The personal data we collect from you, will be used for the following primary purposes which are necessary for the service that is being requested.

a) As a Customer, Provider or Employee:

  • To affiliate you to the Marival Access program.
  • To open, operate, administer and manage your account as a participant of the Marival Access program.
  • Accumulate Marival Access points for the purchases you make in the establishments owned by the companies that are part of the group commercially known as Marival Group.
  • For the emission and shipping of the cards from the Marival Access Program.
  • To include you in our registry of affiliated companies, as well as to manage your file as client.
  • To keep you updated about the offers and promotions that from time to time are made by the businesses affiliated to Marival Access.
  • To manage the relationship of provider with you and manage and administer payments.
  • Any other mean of treating your data deriving from your character of provider, visitor or user of our websites, such as invoicing, processing orders and integrating administrative files as documental support or in other nature about the commercial relation that exists with you.

b) Particularly as employee or candidate to obtain a job with Comercializadora Access del Puerto, S.A. de C.V., will also apply the following primary purposes:

  • Integration of your employee file.
  • For hiring and / or job promotion processes.
  • To carry out socio-economic and psychometric studies.
  • For the granting of work benefits.

c) Particularly, as a Provider of Comercializadora Access del Puerto, S.A. of C.V., will also apply the following primary purposes:

  • For the elaboration of contracts for the provision of services.
  • For the fulfillment of contractual obligations.
  • For the processes of payment, reception and / or return of goods and services acquired.
  • For the processing of orders and integration of administrative files as documentary or other support regarding the existing commercial relationship with you.

Marival Access is a commercial program of rewards for its participants through the purchases and consumptions that are made in the participant establishments. For these purposes, is necessary that you allow us to contact you to keep you updated about the offers and promotions of the programs.

In an additional manner, we will use your personal information for the following secondary purposes that are not necessary for the requested service, but that allow us and facilitate us to provide you a better service:

  • Marketing and advertising.
  • Commercial prospection.
  • Quality control.
  • Definition of consumption behaviors.
  • Perform feedback campaigns and update of date.

You have the right to oppose to us contacting you with marketing, advertising or commercial prospection purposes, but in this case,  we might not be in the possibility of give you access to all the benefits of the Marival Access program.

In case you do not wish your personal data to be used for these secondary purposes, we hereby ask you to let us know that fact by sending an e-mail to the address privacidad@marivalgroup.com, to orient you about the corresponding procedure.

2. What personal data we will use for those purposes?

To carry out the purposes described in this privacy notice, we will use the following personal data:

a) Identification data: Name, last name, signature, photograph identification document, Sole Code of the Population Registry (CURP).

b) General data: Full address, either home or work address, personal or work e-mail; home or work telephone number; cellphone number, Nextel ID (in its case) and fax number; date of birth; age; marital status and nationality.

c) Tax data: Code of the Federal Taxpayers Registry (RFC), as well as tax address and tax regime (in its case).

d) Data linked to bank accounts, credit and/or debit cards, name of the owner of the account, account number and bank of origin, CLABE (in its case), credit card number; expiration date of the card, type of card and security code. All these data will be storage with your express consent and in case you inform us your opposition we could be prevented of providing the services that were contracted, since it could not be possible to process the corresponding payment.

e) Personal sensitive data: MARIVAL ACCESS does not collect or process personal sensitive data.

f) Personal data from sources of public access and received through consented transfers; coming from public records, directories, social media and other licit sources available in the market, as well personal data that had been shared by third parties to which you previously authorized.

g) Personal data from social media: MARIVAL ACCESS could collect and process personal data and information you shared on social media property of MARIVAL ACCESS (such as Facebook®, Instagram ®, Pinterest ®, Foursquare ®, Google ® and Twitter®, among others), particularly that information you shared in the MARIVAL ACCESS profile in such social media or in the profile of other companies related to MARIVAL ACCESS, including the information you shared as “public”, as established in the terms and conditions of use and policies and recitals of each social media. 

The personal data described in the paragraphs listed before in this section, are collected through: i) the use of formats or printed documents; ii) use of e-mails and/or iii) the voluntary provision of information and personal data that when you stay in our facilities, when you communicate by phone with us or with our staff (including the department of customer service); iv) by our website, as well as v) the use of sources of public access and other sources available in the market and vi) the profiles on social media of Marival Access.

The personal data collected by MARIVAL ACCESS is protected by security measures: administrative, physical and technical, adequate against the damage, loss, alteration, violation, destruction, use, access or un-authorized processing, in accordance with the provision set forth in the Federal Law of Personal Data Protection in Possession of Private Parties (“LFPDPPP”) and its regulations. To know more about our security measures, we ask you to contact us at privacidad@marivalgroup.com.

3. With whom will we share your personal information and for what purposes?

We inform you that your personal data can be transfer to third parties inside and outside the national territory in case it is necessary to carry out with the purposes set forth in this privacy notice.

Also, we inform you that Comercializadora Access del Puerto, S.A. de C.V., is part of a corporate group commercially known as “MARIVAL GROUP” and is possible that it transfers your personal data with other companies of the same group, in terms of the provisions set forth on Article 37 of the LFPDPPP regarding the related parties. The companies that are part of the group are:

  • Rinoval de México, S.A. de C.V.,
  • Administraciones Profesionales de Vallarta, S.A. de C.V.
  • Vacation Club Services, S.A. de C.V.,
  • Operadora y Comercializadora Turística, S.A. de C.V.,
  • Travel Marketing 500, S. de R.L. de C.V.,
  • Desarrollo Transimar, S.A. de C.V.,
  • Destiladeras Resort Operations, S.A. de C.V.,
  • Constructores y Desarrolladores Inmobiliarios de la Bahía, S.A. de C.V.,
  • Serviventas de México, S.A. de C.V.,
  • DMC Leisure, S.A. de C.V.,
  • Servicios Terrestres del Nayar, S.A. de C.V., y
  • TraficTours de México, S.A. de C.V.

As well we will share your personal data with independent third parties with which we are required to interact in order to perform the purposes set forth herein. Said independent third parties, especially include bank institutions that process your payments. This transfer in some cases will be optional and you will be able to oppose in any moment.

The third parties with which we will share your personal data can be:

Third party

Country

Purpose

Type of transfer

Bank Institutions

Mexico

Payment processing.

Voluntary

I authorize:

Yes_____

No_____

Tax Collection Service

Mexico

Comply with the tax regulations in force through filing the periodic tax returns.

Obligatory

Federal Consumer Agency

Mexico

The attention of the procedures provided at the Federal Consumer Protection Law.

Obligatory

 

Finally we point out that we will transfer your data in the cases provided on Article 37 of the “LFPDPPP” which expressly provides the possibility of sharing your data with competent authorities and controlling, subsidiary and affiliated companies under the common control of the responsible, or to a holding company or to any company of it.

4. How can you access, rectify or cancel your personal data or oppose to its use?

You have the right to know what personal data we have from you, for what purposes we will use it (primary and secondary purposes) and the use conditions that we give to it (Access). Likewise, is your right to request the correction of your personal information in case it is not updated, is inaccurate or incomplete (Rectification); for us to eliminate from our records or data bases when you considerer that such information is not being used adequately (Cancellation); as well as to oppose to the use of your personal data for specific purposes (Opposition); or, to revoke your consent to the use or disclosure of your personal data (Revocation). These rights are known as ARCO rights.

With regards to the procedure and requirements to exercise your ARCO rights, we hereby inform you as follows:

a) What information, documentation and requirements will have to include the application?

Regarding the general requirements that must be contained in the application, these are as follows:

  • Name of the owner of the personal data.
  • Documents that prove the identity of the owner (passport, voting credential issued by the National Electoral Institute, professional state or federal credential or driver’s license).
  • In its case, name of the owner’s representative and documents to prove his/her identity and capacity. Pursuant to the agents of individuals, the representation will be proven through the following 3 options: a) public deed (document issued by a Notary Public), b) proxy signed before two witnesses (attaching a simple copy of their official identification documents), c) appearing yourself and your representative to declare before the responsible, presenting your official identification (passport, voting credential issued by the National Electoral Institute, professional state or federal credential or driver’s license).
  • Address or any means to receive notifications.
  • Clear and precise description of the personal data and the right that is intended to exercises or of what is being requested.
  • The documents or information that help us to identify the information subject matter of the request (for example Access client number, full name, e-mail address recorded in the system).

Likewise, pursuant to the type of request, we require you please to indicate the following additional information, in order for your request to be processed in a more efficient manner:

Access request:

  • Indicate the method in which you prefer the requested personal data to be reproduced.

Rectification request:

  • Specify the modification that are requested for the personal data, as well as providing the documents that support such request.

Cancellation request:

  • To appoint the causes that motivate the request of eliminating the data from the files, registries or data bases of the responsible.

Opposition request:

  • Manifest the causes or the situation that caused the owner to request the treatment of his or her personal data to conclude, as well as the damage that would be caused in case such treatment continues. In case that the request is regarding a treatment in particular, the specific purposes to which the exercise of the right is being requested, must be indicated.

b) Through which means the owner can prove his or her identity and, in its case, his or her representative, as well as the capacity of this latter?


To exercise any of the ARCO rights, you must file the corresponding request through the following means:

 

By e-mail to the address privacidad@marivalgroup.com or also you can contact our Personal Data Department for it to process your request, provide you orientation and provide you the corresponding form. The address of our Personal Data Department is Paseo de los Cocoteros s/n, hotel Marival Resort & Suites, Nuevo Vallarta, municipality of Bahía de Banderas, Nayarit, zip code 63732, telephone number 322-2268200 (extension 4493).

The official form for processing ARCO requests for Marival Access, can be downloaded in the following link [www.marivalaccess.com]

c) In how many days we will respond to your request?

20 labor days (all days of the year, except for Saturdays, Sundays and holidays provided by law):

d) Through which means we will communicate you the response to your request?

Through email or through the contact information you provide us in your request.

e) In which means can be reproduced the personal data that, in its case, I request?
In the same manner in which it had been provided by the client.

f) We hereby place to your disposal the following forms or systems to facilitate the exercise of the ARCO rights:

 

The corresponding forms or systems and orientation about the exercise of the ARCO rights can be obtained contacting our Department of Personal Data in the e-mail address privacidad@marivalgroup.com and physical address in Paseo de los Cocoteros s/n, hotel Marival Resort & Suites, Nuevo Vallarta, municipality of Bahía de Banderas, Nayarit, zip code 63732, telephone number 322-2268200 (extension 4493), or you could download them from the following link: [www.marivalaccess.com]

g) Is there any cost for exercising my ARCO rights?

The exercise of the ARCO rights is free. However, you can be required to cover only the justified costs of shipping or the cost of copies or other formats. Likewise, if the same person reaffirms the request in a time frame shorter than 12 months, the costs will not be bigger than three days of the General Minimum Salary in force in Mexico City, unless there are substantial modifications to the privacy notice that motivate new consults.

 

h) What happens if a request is incomplete or all the data that is included in the procedure is not attached?

In case that your request does not have the information described on section 4 Requirements (paragraph a and b); Marival Access will be able to request the owner to provided the missing information, through a writ named “prevention”, which will have to be issued in the maximum term of 5 labor days since the following day to the day the request was filed.

The owner will have 10 labor days, after receiving the “prevention”, to provide the required information, since on the contrary, such request will be considered as if it was not filed.

 

For more information about the procedure, we place to your disposal the following means: to e-mail address: privacidad@marivalgroup.com

The contact information of the person or personal data department, which is in charge of processing the requests of ARCO rights, are the following:

a) Name of the person or department of personal data: Department of Protection of Personal Data, Marival Group.

b) Address: Paseo de los Cocoteros s/n, inside Marival Resort & Suites, Nuevo Vallarta, municipality of Bahía de Banderas, Nayarit, Mexico, 63732

c) E-mail: privacidad@marivalgroup.com

d) Telephone number: 322-2268200, extension 4493.

 

5. Revocation of Consent:

You can revoke your consent for the use of your personal data:

You can revoke the consent that, in its case, you granted us for the treatment of your personal data. However, it is important that you consider that not in all cases we can process your request or conclude the use in an immediate manner, since is possible that due to some legal obligation we require to continue to treat your personal data. Likewise, you must consider that for certain purposes, the revocation of your consent will imply that we would no longer be able to provide the service you requested us or the conclusion of your relation with us.

To revoke your consent, you must file your request in the authorized request forms, through the following means: link [www.marivalaccess.com], or, to request it through e-mail: privacidad@marivalgroup.com.

With regards to the procedure and requirements for the revocation of your consent, we inform you as follows:

a) What information, documentation and requirements must contain the request of revocation of consent?

Pursuant the general requirements that must be covered by the form, are the following:

  • Name of the owner of the personal data.
  • Documents that prove the identity of the owner (passport, voting credential issued by the National Electoral Institute, professional state or federal credential or driver’s license).
  • In its case, name of the owner’s representative and documents to prove his or her identity and capacity. When is about agents of individuals, the representation will be proven by the 3 following options: a) public deed (document issued by a notary public), b) proxy signed before two witnesses (attaching a simple copy of their official identifications), c) appearing yourself and your representative  to declare before the responsible party, presenting your official identification (passport, voting credential issued by the Federal Electoral Institute, professional state or federal credential or driver’s license).
  • Domicilio o cualquier medio para recibir notificaciones.
  • A description of the personal data with respect of which the revocation of consent is being filed and preferably, without being mandatory, the reasons of your request.
  • The documents or information that facilitate the identification of the data subject matter of the request (for example Access client number, full name, e-mail recorded in our system).

b) Through which means the owner can prove his or her identity and, in its case, his or her representative, as well as the capacity of this latter?

For the revocation of consent, you must file the corresponding request through the following means:

Through email to the address privacidad@marivalgroup.com or also you can contact our Department of Personal Data Protection for it to process your request, provide you orientation and facilitate the corresponding form. The address of our Department of Personal Data Protection is Paseo de los Cocoteros s/n, hotel Marival Resort & Suites, Nuevo Vallarta, municipality of Bahía de Banderas, Nayarit, zip code 63732, telephone number 322-2268200 (extension 4493).

c) What information and/or documentation must be contained in the request?

A description of the personal data regarding which the revocation of consent is being filed and preferably, without being mandatory, the reasons of your request.

d) In how many days we will respond to your request?

20 labor days (all days of the year, except for Saturdays, Sundays and holidays provided by Law).

e) Through which means we will communicate you the answer to your request?

Through e-mail. Alternatively, in case that the owner does not have an e-mail or does not wish the answer to be sent through that means, it will be sent by courier or by postal service.

f) For more information about the procedure, we hereby place to your disposal the following means:

The owner can contact our Department of Personal Data Protection at the e-mail address privacidad@marivalgroup.com and with its physical address at Paseo de los Cocoteros s/n, hotel Marival Resort & Suites, Nuevo Vallarta, municipality of Bahía de Banderas, Nayarit, zip code 63732, telephone number 01-322-2268200 (extension 4493).

 

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

With the purpose of you being able to limit the use and disclosure of your personal information, we hereby offer you the following means:

The client can limit the use and release of his or her personal data, by sending an e-mail making the concrete description to the following e-mail address privacidad@marivalgroup.com.

Additionally, we inform you that we have the following exclusion listings, in which you will be able to subscribe or unsubscribe in our dispatch platforms, for your personal data not to be treated for certain purposes (mainly secondary):

 

 

Name of the listing

Applicable purpose

Means to obtain more information

Marketing

Marketing or advertising

promos@marivalgroup.com

Marketing

Marketing or advertising

promos@marivalaccess.com

 

 

7. About the use of tracking technologies in our website:

We inform you that in our website we use cookies and other technologies through which is possible to monitor your behavior as internet user, as well as to provide you a better service and experience while browsing our website. For more information, please consult our Cookies Policy.

 These technologies can be enabled by following the following steps: you can change the permits of your browser for accepting or blocking cookies.

 For more information it is suggested to make a search in google with the phrase “how to manage cookies in [name of the applicable browser]?”.

Estas tecnologías podrán deshabilitarse siguiendo los siguientes pasos: puede cambiar los permisos de su navegador para aceptar o bloquear cookies.

7. How can you know the changes of this privacy notice?

This privacy notice can be amended, modified or updated due to new legal requirements; of our own needs due to the products or services we offer; of our privacy practices; of changes in our business model, or due to other causes.

We are committed to keep you informed about the changes that this privacy notice might suffer, by: sending an e-mail and posting it on the website.

The procedure through which the notifications about the changes or updates to this privacy notice will be made, is the following:

The changes or updates to the privacy notice will be informed by the means described herein and will be effective 1 week afterwards. In case of any doubts or comments, the clients must address them to privacidad@marivalgroup.com

Last Update: 14/10/2019