1.- IDENTITY AND ADDRESS OF THE RESPONSIBLE PARTY
RANCHO REAL ESTATE, S.A. DE C.V., PRIME REAL ESTATE OF CABO, S.A. DE C.V., RANCHO BROKERAGE COMPANY, S.A. DE C.V., RANCHO SAN LUCAS RESIDENCE SERVICES, S.A. DE C.V., CONSTRURANCHO, S.A. DE C.V., RSL DESIGN CENTER, S. DE R.L. DE C.V. PROMOTORA RANCHO SAN LUCAS, S.A. DE C.V., DIRSO CABO, S. DE R.L. DE C.V., RANCHO SAN LUCAS RENTALS, S.A. DE C.V. and YOGA RANCH, S. DE R.L. DE C.V. (herein after RSL), are subsidiary mercantile companies constituted in compliance with Mexican law, with address at Blvd. Rancho San Lucas, s/n, Int , Depto 1, Cabo San Lucas, Los Cabos, Baja California Sur, México.
RSL gathers certain personal data provided by its clients, suppliers, service providers, commercial partners and employees, related to the legal and/or broker and developer activities and services or any third related party with these services, which may have authorized access to the products and/or services provided by RSL. For purposes of documenting our relationship with each one of them, by signing and Agreement, or visiting our websites or requesting information (whether verbally or written) they provide us willingly and freely, information that is included in contracts, letters, forms, databases and/or other means applicable for us to keep appropriate record of our relationships and to meet legal requirements, when so mandated.
Among such personal data, including, but not limited to sensitive personal data, the following is included:
Personal Data is gathered in compliance with what is established in applicable law, as well as in compliance with the clauses of the contracts and legal documents entered into with the parties that provide said data voluntarily, also provided by suppliers or any third party related with RSL, which are self-responsible for the protection of personal data that each of them collects in accordance to their own privacy policies.
3. - CONFIDENTIALITY AND HANDLING OF PERSONAL DATA
Confidentiality: The Personal Data, including the Sensitive Data referred to by the Federal Law for the Protection of Personal Data held by Private Parties, which are provided to us by our employees and third parties with consent, whether physically, electronically or by any other means, are handled and stored in a confidential manner.
Also, RSL shall constantly make is best efforts through technological means and internal protection procedures, to maintain the safety of the Personal Data that is provided to RSL to avoid the unauthorized access to such.
Handling: The Personal Data that is provided to RSL is used to meet legal requirements, to keep appropriate record of clients, personnel and providers of supplies and services, and to coordinate all services provided by and to RSL, including emergencies.
Personal Data is the personal information provided to RSL that may also be used for means of publicity, promotion, website administration of RSL, development of new products and services, quality and client satisfaction polls, analysis of use of products, services, and website, for the sending of notices regarding products and services operated by RSL and/or its affiliates, subsidiaries, and/or business partners; when the Law requires it, to request the update of their data and identification documents, and generally to comply with our terms, conditions and operation, functioning and administration of our business.
RSL performs the classification, debugging and / or destruction of the documentation and/or information related to Personal Data, in a reasonable manner in terms of the Law, notwithstanding the foregoing, and considering the vulnerable activity that RSL performs in certain aspects, Personal data (documentation and/or information) must be maintained and safeguarded for a period of 10 years in accordance with the provisions established in the Law for the Prevention and Identification of Transactions involving Resources of Illicit Origin.
When personal data is provided, it should be provided in a precise, complete and updated manner at the time that the gathering occurs, regardless of the fact that RSL may further verify the accuracy of said personal data and that the provider of the personal data may exercise the right to rectify such Data, as provided chapter 5.- below “Means for the exercise of rights of the Owner of Personal Data” section, in case they detect or identify that the Data that was provided to RSL is inaccurate, incomplete, or not updated.
RSL is not required to have the previous consent of the Owner of the Personal Data for its handling, in the following cases: (i) when RSL acts in direct compliance with applicable law; (ii) the data is in public access sources; (iii) the personal data has been submitted previously to a dissociation procedure; (iv) for the fulfillment of the obligations that, in its case RSL has acquired with the Owner of the Personal Data as a result of a contract entered into with it; (v) there is an emergency situation that may potentially harm an individual or property; (vi) it is indispensable for medical attention, prevention, diagnostic, lending of sanitary aid, as long as the owner is in no condition of granting consent in terms of what is established in the General Health Law and other applicable legal instruments and that said handling of data is made by an individual subject to professional secrecy or an equivalent obligation; or (vii) by resolution of competent authority.
RSL may transfer the Personal Data, including sensitive personal data throughout its related entities, for administrative purposes. Appropriate use will be made, and special care will be taken when such Personal Data is transmitted or used by a related entity and be treated under the principles of legality, consent information, quality, purpose, loyalty and responsibility in accordance with the Law.
It is emphasized that RSL’s technology service providers are self-responsible to carry out technology reviews, from time to time, to the data bases, for their protection, such as, debugging them, as well as implementing the necessary technological protection measures to avoid adulteration, loss, consultation, use or unauthorized access of the Personal Data either physically or by any electronic means as the Informatics Industry demands.
4.- LIMITATIONS OF USE AND DIVULGING OF DATA
The Personal Data that is provided to us through legal or legitimate means is handled in an appropriate and confidential manner. Regardless of the foregoing, the Personal Data will be employed and divulged for and with the purpose of fulfilling the objectives established in the “Handling” section of paragraph 3 of this Notice as well as for statistical means, dissociated and for the improvement of our products, services, operation, activities, and even regarding the update of the contents published on our website.
Personal Data will be transferrable to third parties to (a) fulfill existing legal obligations; (b) comply with a legal or judicial ruling; and (c) as long as it is necessary for the transaction requested by RSL. In case of transfer of the Personal Data, this will occur through means and legal instruments that provide an adequate protection level and security measures for said data.
RSL will adopt necessary and reasonable measures to cancel the identification of the Personal Data that is provided to it, when these are no longer necessary for the purposes referred to in this Notice and/or when there is no legal obligation for RSL to keep them.
5. - MEANS TO EXERCISE RIGHTS OF THE OWNER OF THE PERSONAL DATA
The owner of the personal information may request to the responsible party of RSL at any time to access, rectify, cancel or correct Personal Data (ARCO DATA - Access, Rectification, Cancellation or Opposition Data Personal). For such end, the owner of the Personal Data shall direct a written request to the Responsible Party, which shall contain the following information:
a) Name of the owner and address or other means to communicate the answer of its request.
b) The documents that evidence the identity, or, if applicable, the legal representation of the owner.
c) The clear and precise description of the Personal Data regarding those on whom the exercise of rights is intended.
d) Any other element or document that may facilitate the location of the Personal Data, as well as any other document required by the current laws at the time of the filing of the request.
Such communication shall comply with the applicable request requirements mentioned in the previous section.
7.- MODIFICATIONS TO THE PRIVACY NOTICE
RSL reserves the right to modify this privacy notice, in which case it will communicate such through notice placed in a visible location in RSL’s facilities at its address mentioned above, or through written notice to employees or others.
8.- INTERNATIONAL TRANSFER OF PERSONAL DATA
In the event that “RSL” transfers internationally personal data of The Owner, it will have the due diligence to transfer them recognizing and having the database of who is the recipient / third party or recipient of the personal data, either identifying each of them by name, denomination or business name; or, indicating its type, category or sector of activity, and the purposes that justify the transfers of personal data and its relationship with “RSL”.
The Owner gives his consent to the transfer for the international transfer of personal data collected by “RSL”.
9.- ENFORCEMENT OF THE EUROPEAN UNION GENERAL DATA PROTECTION REGULATION (GDPR).
RSL is responsible and makes its better efforts regarding the use of Personal Data; as it get them, how they are protected; and the term does it keep them, in respect of individuals or entities who are part of the European Economic Community, where applicable, Article 3 subsection V of The Law and articles 4, 5, Third Section of its Regulations, as well as Article 3.2 and other applicable provisions of the GDPR and other law as well as the Convention for the Protection of Persons with respect to the Automated Processing of Personal Data and its Additional Protocol concerning Control Authorities and Cross-Border Data Flows published on 12 June 2018.
10.- IMPACT OF THE LAWS OF THE UNITED STATES OF AMERICA REGARDING THE PROTECTION OF PERSONAL DATA HELD BY THIRD PARTIES IN MEXICO
Due to the no existence of a federal law regarding the protection of personal data held by third parties in the United States of America; “RSL” makes available this Privacy Notice which contains the general requirements established by the authorities of that country in matters of personal data protection, The following are mentioned:
i) Publicity of this privacy notice in written form, web site, electronic media, contracts, documents with whom “RSL” has a relationship with data Owners resident or domiciled in the United States of America; ii) “RSL” has the Privacy Notice Guidelines; (iii) It is carried out the procedures to access, cancellation, rectification and opposition of the personal data information with whom “RSL” has a relationship; iv) “RSL” set up the “policy of use and restriction of cookies”; v) it is carried out the efforts to improve security processes for the protection of personal data; vi) No personal information is collected from minors by “RSL” .
For any doubts, comments or consultations regarding this Notice, you may file an inquiry to the following address: Carretera Km 120 Todos Santos – La Paz, Cabo San Lucas, Los Cabos, 23473, Baja California Sur, México., Attention: Angelica Ambrosio.
a) Any complaints or information regarding the processing of your personal data or questions regarding the Federal Law on Protection of Personal Data Held by Private or its Regulations, may be conducted at IFAI. For more information visit www.ifai.org.mx . and/or IFAI PRODATOS.
b) Governing Law: The interpretation and application of this Privacy Notice is governed by the Federal Law on Protection of Personal Data in Possession of Individuals, the Federal Civil Code and other laws and regulations and administrative provisions that are applicable.
Consent: The Owner of Persona Data, expressly have read the content of this Privacy Notice and have no opposition to it.