PRIVACY NOTICE.
In compliance with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties (hereinafter “The Law or The Personal Data Law”), “CABO VHC” hereinafter and for the purposes of this document “THE RESPONSIBLE“, with telephone number 624 174 6765 and email address VACAHOMESCABO@GMAIL.COM; In order to fulfill its purposes, it will need to collect some PERSONAL DATA from its clients, for which it will be responsible for its proper use and protection thereof in accordance with the following terms:
PERSONAL DATA COLLECTION AND PROCESSING
The RESPONSIBLE, legally constituted in accordance with the laws of the Mexican Republic, is dedicated to acquiring, disposing of, leasing, and granting the use and enjoyment of movable and immovable property; acting in the fields of commissions and mediations; serving as business representatives of all kinds; entering into various contracts and agreements; acquiring, owning, managing, and trading real estate, among other activities. To carry out these activities, it is necessary to collect personal data from the involved parties for various processes.
For these purposes, parties will fill out various documents and forms, requiring the following personal or corporate data:
A) For individuals:
- Full name
- Nationality
- Immigration status
- Place and date of birth
- Current address (private and work)
- Gender
- Marital status
- Profession or occupation
- Telephone numbers
- Email address
- Social Security number
- Unique Population Registry Code (CURP)
- Federal Taxpayer Registry (RFC)
- Information from the Tax Identification Certificate
- Other personal information requested by the trustee bank, notary, or the bank granting any type of credit
B) For corporations:
- Company name
- Information in the Articles of Incorporation and Bylaws
- Information in the Minutes of Assembly or Amendments to the Articles of Incorporation or Bylaws
- Information on the Power of Attorney of the legal representative
- Current company address
- Telephone numbers
- Email address
- Federal Taxpayer Registry (RFC)
- Information from the Tax Identification Certificate of the company
- Other company information requested by the trustee bank, notary, or the bank granting any type of credit
C) For the legal representative of the individual or corporation:
- Information on the Power of Attorney
- Full name
- Nationality
- Immigration status
- Place and date of birth
- Current address (private and work)
- Gender
- Marital status
- Profession or occupation
- Telephone numbers
- Email address
- Social Security number
- Unique Population Registry Code (CURP)
- Federal Taxpayer Registry (RFC)
- Information from the Tax Identification Certificate
- Other personal information requested by the trustee bank, notary, or the bank granting any type of credit
D) For the property or transaction:
- Data of the Offer and/or Counter Offers
- Data of the Escrow Agreement
- Details of deposits, payments, or account statements of operations
- Property Title Data
- Cadastral Manifestation Data
- Data from the Acquisition Notice in accordance with Article 27 of the Constitution, Section I
- Data from various documents related to the property or the transaction
Any of this data may be received by any means, either physically or digitally, directly from THE OWNER or indirectly through a third party.
THE OWNER of the personal data is responsible for ensuring that the data provided voluntarily to THE RESPONSIBLE is correct, truthful, and complete, and is obligated to notify THE RESPONSIBLE of any changes to keep the information updated.
If THE RESPONSIBLE does not receive the requested personal data from THE OWNER, it will not be able to fulfill the purposes for which the data is required, and will not bear any responsibility resulting from it.
Additionally, incomplete personal data provided by THE OWNER, or data not suitable for their intended purpose, will be immediately deleted and not kept in any database managed by THE RESPONSIBLE.
Once received, THE RESPONSIBLE creates the CLIENT’s physical and digital files where the data will be stored. Only personnel working for THE RESPONSIBLE have access to these files, and such data will be processed in accordance with this document. THE RESPONSIBLE or any third parties involved in any phase of processing the personal data must maintain confidentiality, an obligation that continues even after their relationship with THE OWNER ends.
It is clarified that for THE RESPONSIBLE’s procedures, no data considered sensitive under the Federal Law on Protection of Personal Data Held by Private Parties is collected.
PURPOSES OF PROCESSING PERSONAL DATA
The personal data mentioned above are necessary to provide the OWNER with services related to the commercialization, publication, purchase, sale, lease, acquisition, administration, construction, and/or development of real estate.
These personal data are also required to meet the requirements of trustee banks, notaries, closing companies, and banks that grant credit, as well as other entities involved in transactions. This allows the processes of marketing, publication, purchase, sale, deed, lease, acquisition, administration, construction, and/or development of real estate to be carried out.
By providing personal data, THE OWNER authorizes THE RESPONSIBLE to use this data for marketing, advertising, or commercial prospecting purposes solely for the company of THE RESPONSIBLE, without authorizing the transfer of data to third parties for these purposes.
THE RESPONSIBLE may not process the data for purposes other than those described here unless they obtain the consent of THE OWNER for the new processing.
THE OWNER may deny or revoke consent, and oppose the processing of their personal data for the purposes described herein, following the procedure described below.
USE OF PERSONAL DATA
The personal data received by THE RESPONSIBLE will be treated legitimately, controlled, and adequately, through administrative procedures and databases, to guarantee privacy and prevent loss, misuse, or unauthorized access.
If THE RESPONSIBLE requires the use of personal data for purposes other than those agreed upon, THE OWNER will be notified in writing, by telephone, electronically, or by any optical, sound, visual, or other means that technology allows, explaining the new purposes or uses intended for the data, to obtain consent or authorization.
If personal data is required by any authority in a judicial, labor, fiscal, or administrative process, to respond to any claim or legal actions, they will be made available only if there is a court order, in strict compliance with the Law.
With this Privacy Notice, THE OWNER of the personal data is duly informed of the data collected, as well as the purposes and treatment given to them, accepting the terms contained and prepared in compliance with the Law.
For the collection and treatment of personal data, we follow all the PERSONAL DATA PROTECTION PRINCIPLES ordered by “The Law” such as legality, consent, information, quality, purpose, loyalty, proportionality, and responsibility in accordance with Article 6 of the Personal Data Law; and observe the security and confidentiality duties referred to in Articles 19 and 21 of the Law.
The periods of conservation of personal data should not exceed those necessary to fulfill the purposes that justified the treatment. Once the purpose or purposes of the treatment have been fulfilled, and when there is no legal or regulatory provision to the contrary, the responsible party must proceed to cancel the data in their possession, prior to blocking them, for subsequent deletion.
THE RESPONSIBLE will establish and document procedures for the conservation and, where appropriate, blocking and deletion of personal data, including conservation periods thereof, in accordance with applicable legislation.
MEANS TO DENY, LIMIT, REVOKE THE USE OR AUTHORIZE DISCLOSURE OF PERSONAL DATA
THE OWNER may deny the terms of this Privacy Notice by not signing its written version or not providing the requested data, as signing it or delivering the information after being informed of this document’s existence constitutes tacit acceptance.
THE RESPONSIBLE commits to designate a person in charge of managing personal data, who can be contacted at the telephone number or email mentioned at the beginning of this document. THE OWNER may at any time exercise their right to limit, revoke, or authorize the right to disclose personal data, expressing consent to THE RESPONSIBLE or the person in charge. For any of these procedures, it will suffice to fill out and sign the format provided by THE RESPONSIBLE or present a free signed document expressing their will.
RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION, OR OPPOSITION
Any OWNER, or their legal representative, may exercise the rights of Access, Rectification, Cancellation, and Opposition, also known as “ARCO RIGHTS” as provided for in the Law. The exercise of any of these rights is not a prerequisite nor does it impede the exercise of others. Personal data must be protected to allow the exercise of these rights without delay.
THE OWNER has the right to access their personal data held by THE RESPONSIBLE.
THE OWNER also has the right to rectify the data when they are inaccurate or incomplete.
THE OWNER has the right at any time to cancel their personal data, which will result in a blocking period after which the data will be deleted. THE RESPONSIBLE may keep the data exclusively for the purposes of the responsibilities arising from the treatment. The blocking period will be equivalent to the expiration period of the actions derived from the legal relationship that origins the treatment in terms of applicable law. Once the data is canceled, the owner will be notified.
THE OWNER also has the right at all times to oppose the use of their personal data held by THE RESPONSIBLE. If appropriate, THE RESPONSIBLE will no longer be able to process the data related to THE OWNER.
When the personal data has been transmitted before the date of rectification, cancellation, or opposition and continues to be processed by third parties, THE RESPONSIBLE shall notify of said request for rectification, cancellation, or opposition, so that the third party can proceed to carry it out as well.
PROCEDURE TO EXERCISE THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION, OR OPPOSITION
When the owner decides to exercise the “ARCO” rights (Access, Rectification, Cancellation, or Opposition) they may do so personally or through their legal representative, proving identity through the original identification document for due comparison. It can also be accredited electronically using the email registered in the file or another email using the advanced electronic signature. The legal representative must present a Power of Attorney or a simple Power of Attorney signed before two witnesses or by a statement in the personal appearance of THE OWNER. For minors or disabled people, accreditation will be in accordance with the Federal Civil Code.
Once accredited, they must submit in writing, physically or digitally, a request for Access, Rectification, Cancellation, or Opposition containing and accompanying the following:
I. The name of the owner and address or other means to communicate the response to the request;
II. Documents proving identity or legal representation of the owner;
III. A clear and precise description of the personal data to exercise any of the aforementioned rights;
IV. Any other element or document that facilitates the location of personal data.
In requests for rectification, THE OWNER shall indicate the personal data it refers to, as well as the correction or modifications to be made and provide the documentation supporting the request’s origin.
THE RESPONSIBLE or the person in charge will process the request of THE OWNER for the exercise of rights referred to in this section, notifying THE OWNER within a maximum period of twenty days from the date the request was received, the response or decision adopted, to make it effective within the following fifteen days from the date the response is communicated. In requests for access to personal data, delivery will proceed after verifying the identity of the applicant or legal representative.
Deadlines may be extended once for an equal period if the circumstances justify it.
If the information provided in the request is insufficient or erroneous, or the documents referred to are not attached, THE RESPONSIBLE may require THE OWNER, once and within five days after receiving the application, to provide the necessary elements or documents. THE OWNER will have ten days to meet the requirement, counted from the day after it was received. If the owner does not comply, the application will be considered not submitted. If the owner complies with the request, the term for THE RESPONSIBLE to respond will begin the day after compliance.
The obligation of access will be fulfilled when the requested personal data is made available to the owner by any means.
The delivery of personal data will be free, and THE OWNER must cover only justified shipping costs or reproduction costs in copies or other formats.
In terms of Article 25 of the Law, cancellation implies the cessation of processing by the responsible party, from blocking and subsequent deletion.
THE OWNER may request cancellation of personal data when they consider it is not treated in accordance with the principles and duties established by the Law and its Regulations.
Cancellation will proceed for all the owner’s personal data contained in a database, or only part of them, as requested.
If cancellation is appropriate, THE RESPONSIBLE shall:
A) Establish a blocking period to determine possible responsibilities until the legal or contractual prescription period expires, and notify the owner or their representative in response to the cancellation request;
B) Take appropriate security measures for blocking;
C) Carry out blocking within the period of fifteen days established in Article 32 of the Law;
D) After the blocking period, proceed with deletion under established security measures.
The purpose of blocking is to prevent treatment, with the exception of storage or possible access by any person unless a legal provision states otherwise. The blocking period will be up to the legal or contractual prescription period.
When personal data has been transmitted before the cancellation date and continues to be processed by third parties, THE RESPONSIBLE shall notify of said cancellation, so the third party can proceed.
If THE OWNER requests access to data from a person presumed to be THE RESPONSIBLE and they are not, it will suffice to inform THE OWNER by any means to fulfill the request.
THE RESPONSIBLE who denies the exercise of ARCO rights shall justify the response and inform THE OWNER of the right to request the start of the rights protection procedure before the Institute.
TRANSFER OF PERSONAL DATA
Personal data provided may be transferred and processed within and outside Mexico by persons other than this company in the following manner:
A) Share within or outside the country with the escrow company for the integration and operation of the escrow account.
B) Share data with the fiduciary bank, notary, closing company, or bank that grants credit to meet their requirements and complete the real estate transaction.
If you do not express opposition to the transfer of your personal data, it is understood you consent, and THE OWNER may deny or revoke consent through the procedure described
in this document.
CHANGES TO THE PRIVACY NOTICE
THE RESPONSIBLE reserves the right to modify or update this Privacy Notice at any time, either internally or by legal order. It is the responsibility of THE RESPONSIBLE to publish the updated version in the office and on the website. THE OWNER should periodically review the Privacy Notice content on the site https://www.cabo4sale.com.
Not expressing disagreement means the owner has read, understood, and agrees with the terms published in this Privacy Notice, constituting consent to changes regarding the treatment of Personal Data under the Federal Law on Protection of Personal Data Held by Private Parties, its Regulations, and other applicable legislation.
CONSENT OF THE OWNER OF PERSONAL DATA
In accordance with the Law, this Privacy Notice is informational, and if THE OWNER does not express disagreement, providing personal data after being informed of this Privacy Notice serves as acceptance and tacit consent for processing the data per this document.
Notwithstanding, THE RESPONSIBLE makes available a printed format for express consent if necessary or required by THE OWNER.
This Privacy Notice is established under applicable legislation in Mexico, and any controversy arising from its application, THE RESPONSIBLE AND THE OWNER agree to submit to the jurisdiction of the Courts of Los Cabos, Baja California Sur.
