PRIVACY NOTICE is related to personal data collected by COMPAÑÍA PRODUCTORA DE ACCIONES, S.A. DE C.V. here on called (“ILove PM”).
1.1.ILovePM is a company that is responsible and respectful of legal people’s personal data, as recognized in the 16th article, fraction II of the Mexican Constitution, as well as the dispositions of the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (Federal Law of Personal Data in Possession of Private Individuals), here on called LFPDPPP. For the above mentioned is here in presented the Privacy Notice (here on called “Notice”), in favor that THE HOLDER of the personal data is empowered to exercise his right to the informative auto-determination.
1.2. This Notice is available to the users of the Internet site whose domain name is www.ilovepm.com as well as the ILovePM app for mobile devices and tablets. (here on called “Site”)
1.3. When you (here on called “HOLDER” or “HOLDERS”) are in and using the Site, you state that you understand and accept the terms and conditions contained in this Notice, and expressly grant your approval and consent using electronic media for such effect, in terms of what is stated in article 1803 of the Código Civil Federal (Federal Civil Code)
1.4. If the HOLDER does not absolutely and completely accept the terms and conditions in this Notice, he should restrain himself from giving ILovePM any kind or personal data by any means, including the Site.
1.5. In case the HOLDER does accept the terms and/or gives his personal data to ILovePM, the action will be considered as absolute and explicit approval of the Notice, the moment in which the HOLDER gives his personal data and/or has access, or this Notice becomes available to him.
1.6. Both parts state that since there is no mistake, malice, bad faith, or any other will vice that could nullify the validity of the present contract, both parts agree to comply to what is stated on the following clauses:
2.1. Holder – Legal person (HOLDER) to whom the personal data identifies and concerns.
2.2. Responsible party – Natural or legal party (ILovePM) of private matter that decides on the handling of personal data.
2.3. Party in charge – Natural or legal party that alone, or together with others, handles personal data on behalf of the responsible party.
2.4. Handling – Obtainment, use (includes access, treatment, efficient use, transfer, or disposition of personal data) by any means.
2.4.1. Transfer – All data communication made by someone other than the responsible party or the party in charge.
2.4.2. Referral – Data communication between the responsible party and the party in charge, within or outside Mexican territory.
2.5. ARCO Rights – Access, rectification, cancellation, and opposition rights.
2.6. Implied Consent – It is understood that the HOLDER has consented to the handling of data, when he shows no opposition after the Notice has been made available to him.
2.7. Primary purposes – Those purposes for which the personal data have mainly been asked for and which have given origin to the relation between ILovePM and HOLDER.
2.8. Secondary purposes – Those purposes which are not essential for the relation between ILovePM and HOLDER, but their handling contributes to the compliance of ILovePM’s company purpose.
3.- Identity and address of the responsible party
3.1. The responsible party for obtaining personal data is COMPAÑÍA PRODUCTORA DE ACCIONES S.A. DE C.V. (here on called ILovePM), who commits to respect what is stated in this Notice which has been made available according to what is established on the LFPDPPP and, it is applicable in respect to personal data of users and visitors of the Site, which ILovePM handles on grounds of provisions of intermediary services on tourist supplies and demand services. The address given by ILovePM for the purposes of this Notice is:
Calle Montes Urales MZA. 05 Lote 02 No. 278 Casa 03, Fraccionamiento Bosque Real, CP 77710. Playa del Carmen, Solidaridad, Quintana Roo, México
4.- Gathered personal data
4.1. For the purposes stated in this Notice, ILovePM will be able to collect and handle, directly or through others in charge, the following personal data:
4.1.1. Users of the portal Site and ILovePM app for mobile devices and tablets: Identification data: name, last name, nationality, gender, birth date, type and number of document, phone number, and email. Financial or patrimonial data: credit card information (holder’s name and last name, credit card number, expiration date, and security code). If the user makes a booking on the Site on behalf of a third party, he should have his previous consent before giving ILovePM the third party’s personal data.
4.1.2. Visitors to the Site: email
4.2. In this act, the HOLDER gives his explicit consent in terms of article 8 of the LFPDPPP, so ILovePM handles his personal, financial and/or patrimonial data contained in this clause, to comply with the purposes stated in this Notice.
4.3. ILovePM declares that they won’t treat HOLDER’s sensitive personal data of any kind.
4.4. ILovePM declares that they can obtain the HOLDER’s personal data through public access sources, in order to validate, update, and contact the HOLDER, respecting at all times reasonable expectations of privacy, referred to on article 7 of the LFPDPPP.
4.5. ILovePM will use IP information (Internet Protocol) to review any kind of threat to the Site, as well as to collect demographic information. However, IP information, will not in any case be used to identify HOLDERS, except when there may be threats of fraudulent activity.
5.- Handling purposes of personal data.
5.1. ILovePM agrees and acknowledges that they can handle, directly or through others in charge, the HOLDER’s personal data, in accordance to the relation established with him, for the following primary purposes:
a) THE HOLDER –User:
- Contact the HOLDER – User for follow-up purposes, update, or confirm contracted services through ILovePM.
- Fulfill obligations contracted with the HOLDER – User.
- Finalize transactions the HOLDER – User had requested through the Site.
- The credit card information of the HOLDER – User will be used to pay for the services contracted through ILovePM and for payment reserves in destination. In the case of contracted services through ILovePM, the credit card information will be kept for the time needed to make and finish the transaction and up to fifteen minutes, and in the case payment reserves in destination, up to a year after the date this information was obtained.
- Contact the HOLDER – User by the means indicated by him, with the purpose of dealing with clarifications and follow up on payments or any other situation derived from services acquired through ILovePM.
- Make and process invoices in paper and/or digital format, as well as credit notes for the services acquired by the HOLDER – User. ILovePM will keep digital invoices for a period of ten years from the date they were generated.
- Answer questions and comments made by the HOLDER – User through the means the HOLDER indicated in contact information.
- Contact the HOLDER – User for customer service purposes.
- For quality control purposes of ILovePM Customer Service Area, the HOLDER -User’s voice may be recorded on phone calls made to ILovePM. These recordings will be kept for a period of six months from the date they were generated.
- Register and update data in the internal company administration system, so authorized personnel can have access to them.
- Make transactions with credit institutions, that result from commercial operations.
- Generate a record on the user’s data base of ILovePM, that will be kept for the time that transactions last, and, for a year after these end.
b) THE HOLDER – Visitor of the Site:
- Contact the visitors of the Site, through email, phone, or social media, to assist and follow up their comments or inquiries about services and/or products.
- Access social media where ILovePM is engaged.
5.2. ILovePM will handle the HOLDER’s personal data for the following secondary purposes:
- In case of a HOLDER – User, to evaluate que quality of services and/or products offered by ILovePM, as well as the quality in the response to inquiries and comments.
- Carry out surveys, statistics, or internal studies about consumption habits and preferences. ILovePM will be able to upload results, testimonies, images, comments, and information derived from the answers on the surveys on any of its web sites, as to promote real testimonies about the experiences with ILove PM services, identifying the HOLDER with full name, picture, comment, and/or nationality.
- Provide additional communication, information, and promotion of products and/or services.
- Inform the HOLDER -User via email of special offers on products and services related to products that may be of interest to him.
- Inform about products and/or services offers and promotions by ILovePM.
- Inform, via email, about changes or new products and/or services related to the product the HOLDER has requested.
- Generate internal reports about the use of the Site.
- Send bulk email for ILovePM marketing, and for third parties who are commercial partners of ILovePM.
- Contact Site visitors with the purpose of informing them about the Site’s updates, and send them informative messages related to services, including important security updates.
- Transfer contact personal data of HOLDERS – Users to receptive tourism and/or adventure companies to offer their products and services.
5.3. In case the HOLDER doesn’t want his personal data to be used for all or some of the secondary purposes stated in 5.2., he must send an application for data elimination to firstname.lastname@example.org, specifying the purposes for which he doesn’t want his personal data to be handled.
6.- ILovePM thanks you and urges you to give your opinion, comments, and suggestions to improve its services.
The HOLDER will be able to give his opinion by sending us emails, or willingly answering surveys that are sent to him. The HOLDER grants ILovePM the corresponding rights over all the Opinions he sends by the indicated means, ILovePM accepts the grant, for which the HOLDER accepts that those opinions can be published on the ILovePM Web Site or on the mobile app. The HOLDER can give his opinion in an anonymous way, or delete it adjusting the settings of his account.
7.- Passwords and Access Protection
When registering in ILovePM, the HOLDER will be required to choose a user ID and a password, (that is, access a personal account in the Web Site or App). In the same way, ILovePM allows the HOLDER to access through a Facebook, Google+, or other social media account (here on “Social Media”) that in the future will be compatible with the access to the App. As part of the Web Site’s functionality, the HOLDER can link his account to Social Media in two ways: (i) providing the information he uses to login his Social Media account through the Web Site, or App; or (ii) allowing ILovePM to access his Social Media account according to what is allowed in the terms and conditions that rule the use of the HOLDER in each different Social Media. The HOLDER states that he has the right to reveal the login information of his Social Media to ILovePM and/or grant ILovePM access to his account, without violating any of the terms and conditions the rule the use that the HOLDER has in the corresponding Social Media, and without ILovePM being obliged to pay any fees, or respect any use limitations imposed by external service providers of the Social Media. With the fact of granting ILovePM access to any Social Media, the HOLDER understands that ILovePM will access, make available, and store (if applicable) all the contents the HOLDER has provided and stored in his Social Media, so that it is available on the Web Site and/or App, and through them, through the Social Media account, and through the profile page of such account. Unless otherwise specified in these Terms, all the contents of Social Media, if any, will be considered user’s contents for the effect of these Terms. According to the Social Media he chooses, and subject to the privacy settings he has established in those accounts, the personal identification information that he posts on his Social Media will be available on his ILovePM account, and through it on the Web Site and/or App. The HOLDER must consider that if a Social Media stops being available, or if the external service supplier blocks ILovePM from that Social Media, the contents of the Social Media will no longer be available on the Web Site and/or App, or through them. HAVE IN MIND THAT YOUR RELATION WITH THE ASSOCIATED EXTERNAL SERVICE PROVIDERS IS RULED EXCLUSIVELY BY THE AGREEMENTS SUBSCRIBED WITH THOSE EXTERNAL SERVICE PROVIDERS.
If the HOLDER loses control of his account or password to access Social Media he can lose control of his Personal Information and could be subject to legally valid transactions done on his behalf. Therefore, if for any reason your password is compromised, You should immediately: (i) change it, editing the registry information to that was given to this Web Site, and (ii) contact us email@example.com
8.- Use of “Cookies” and “web beacons”
8.1. ILovePM acknowledges that it’s possible the Site makes use of “cookies” in connection with certain features or tasks. Cookies are specific types of information that a web site transfers to the HOLDER’s computer with the purpose of maintaining the records. Cookies may work to improve the use of a web site, when saving passwords and preferences while the HOLDER browses the internet.
8.2. The Site doesn’t use or saves cookies to obtain personal identification data from the HOLDER’s computer that hasn’t already been sent as part of the cookie.
8.3. For their part, “web beacons” are images inserted on an Internet page or an email, that may be used to monitor the behavior of a visitor, such as storing information of the user’s IP address, duration of interaction on the page, and the type of browser being used, among others.
8.4. Even though most browsers automatically accept “cookies” and “web beacons”, the HOLDER can adjust the settings on his browser so it doesn’t accept them.
8.5. To deactivate cookies you need to follow directions below:
a) Internet Explorer: http://support.microsoft.com/kb/283185;
d) Safari IPAD: http://manuals.info.apple.com/en_US/iPad_iOS4_User_Guide.pdf;
e) SafariIPHONE: http://manuals.info.apple.com/en_US/iPhone_iOS3.1_User_Guide.pdf;
9.- Limitations of access and disclosure of personal data
9.1. ILovePM undertakes to do its best effort to protect the safety of the personal data given by the HOLDER, according to security and confidentiality standards and procedures, through the celebration of legal acts, the use of technology and antivirus systems that control the access, use or disclosure of personal data without authorization; for such effect, personal information is stored in data bases with limited access in systems controlled with safety procedures that use SSL (Secure Socket Layer) VeriSign Certificates and SSL (Secure Socket Layer) Certificates for Secure Site (CertiSur) to encrypt data of the transactions made by users. ILovePM commits to have the information given by the HOLDER considered as confidential and used under complete privacy.
9.2. In the same way, the HOLDER may unsubscribe from marketing or promotional bulk emails from ILovePM; to unsubscribe he must clic on the link “Cancel subscription” at the bottom of the page of all emails sent by ILovePM, in order to no longer receive such communication.
9.3. In addition, for the effect of avoiding receiving advertising in general, you can subscribe to the Public Registry to Avoid Advertising (Registro Público para Evitar Publicidad). For more information you can check the Procuraduría Federal de Consumidor (PROFECO) (Consumer’s Federal Procuracy) internet page.
9.4. However, and in case that there are any security violations at any point of the handling, that affect the patrimonial or moral rights of the HOLDERS in a meaningful way, they will immediately be informed via email, so they can take the necessary steps to defend their rights releasing ILovePM from any responsibility if the violation is not attributable to them.
10.- Responsible of processing applications
In case the HOLDER needs to revoke his consent, as well as Access, Rectify, Cancel, Oppose to the handling of the personal data he has given, he shall do it through the area designated by ILovePM, whose contact information is as follows: Email: firstname.lastname@example.org
11.-Means to revoke consent
11.1. The HOLDER of the personal data may revoke the consent granted when agreeing to this Notice. Such consent revocation granted via electronic means, shall be done observing the following procedure and using the format* provided by ILovePM to exercise your rights.
11.2. Send an email to the Personal Data Area, designated in clause 8 of this Notice, where such requests will be attended to.
11.3. The request mentioned above shall point out the following:
11.3.1. Full name of HOLDER, address and email to receive the answer generated to his request.
11.3.2. Reason for his request.
11.3.3. Arguments that sustain his request or petition.
11.3.4. Official document that proves his identity and shows he is who he says he is.
11.3.5. Date from which his consent revocation is effective.
11.4. ILovePM will notify the HOLDER,via email, the decision adopted, in a period no longer than 20 (twenty) days from the day the request on the ARCO rights was received; to the effect, if it is appropriate, it will be made effective within 15 (fifteen) days after the answer is given, with a message that contains that all the acts aimed not to handle the HOLDER’s personal data have been made.
12.- Means to exercise ARCO rights
12.1. In case the holder needs to Access, Rectify, Cancel, or Oppose to the personal data given to ILovePM, the HOLDER will have the following format* available to him to exercise his rights, respecting the following process:
12.2. Send an email with the information below to the Personal Data Area, designated in clause 8 of this Notice, where such requests will be attended to.
12.2.1. Full name of HOLDER, address, and email to recive the answer generated for his request.
12.2.2. Reason for his request.
12.2.3. Arguments that sustain his request or petition.
12.2.4. Official document that proves his identity and shows he is who he says he is.
12.2.5. Clear and precise description of the personal data on he wishes to exercise one of the ARCO rights, and any other element of document that simplifies the finding of the personal data.
12.2.6. In case of requests for amending personal data, the HOLDER shall indicate, in addition to the above mentioned, the changes that have to be made, and provide the documents that sustain his petition.
12.3. ILovePM will notify the HOLDER, in a period no longer than 20 (twenty) days after the date the access, rectification, cancellation, or opposition request has been made, to the effect, if it is appropriate, it will be effective 15 (fifteen) days after the answer is given. In case of requests to access personal data, submission will proceed prior accreditation of the applicant or legal representative, accordingly.
13.- Transfer of personal data
13.1. ILovePM is obliged to not transfer or share data referred to in this Notice, in favor to third parties, except those cases when it is necessary to fulfill the purposes of this Notice, and when it is obliged to give effect to the applicable regulation and cooperate with competent authorities.
13.2. Furthermore, in compliance to its legal obligations, and informative effects to the HOLDER, it is stated that ILovePM may perform the following transfers of personal data.
13.2.1. Bank, financial and credit institutions, with the effect of getting the payment for products or services that ILovePM offers its users.
13.2.2. Final products and/or service suppliers to manage bookings and/or purchase requests of the HOLDER – User.
13.2.3. To commercial partners that could, together with ILovePM, offer products and/or services, including receptive tourism or adventure companies. Such suppliers and commercial partners are subject to confidentiality contracts that prohibit the non authorized use or disclosure of the HOLDER’s personal data which they have access to.
13.2.4. Companies belonging to ILovePM.com group.
13.3. The HOLDER accepts and acknowledges that according to article 7 on the LFPDPPP, transfers described above are necessary to comply with the obligations ILovePM has agreed on with the HOLDER, therefore, his consent for such transfers is not required.
14.1 Both parties agree that the Notice can be amended in the time and manner ILovePM determines, attending the study and regulations that may develop in matter of personal data protection, therefore ILovePM is obliged to keep this Notice updated for review on the Site, which electronic address is www.ilovepm.com, so if it is the case, the HOLDER finds himself with the possibility of exercising his ARCO rights.
15.- Guarantor Authority
If you consider that your rights to personal data protection have been harmed because of behavior or omission on our side, or you suspect a violation to dispositions on the Federal Data Protection and Possession of Third Parties Law, its Bylaws, and other applicable regulations, you can file a complaint or report to National Institute of podrá interponer su inconformidad o denuncia ante el Instituto Nacional of Transparency, Access to Information, and Personal Data Protection (INAI). For further information visit their official Internet page www.inai.org.mx
16.- Applicable Law and jurisdiction
16.1. Both parties state that this Notice will be ruled by the legal dispositions applicable in the Mexican Republic, especially, in accordance to the Federal Data Protection and Possession of Third Parties Law, and Bylaws.
16.2. In case of conflict or controversy, derived by the interpretation, application or fulfillment of the Notice, documents derived from it, or related to it, the parties will try to come to a friendly agreement within a 30 day period from the date any dispute arises and the counterpart is notified in writing about such event, deducting the mediation process before the Centro de Justicia Alternativa del Distrito Federal (Distrito Federal Alternative Justice Center), taking it under the Ley de Justicia Alternativa del Tribunal Superior de Justicia del Distrito Federal (Alternative Justice Law of the Supreme Court of Justice in DistritoFederal), and its inner Bylaws, current at the moment the controversy arises.
16.3. In case the parties do not come to terms, they agree in this act, that all disputes that derive from this NOTICE or any documents derived from it, or are related to it or them, shall be subjected in a definite way to the competition laws of the Federal Administrative Authorities or Tribunals in Mexico City, expressly resigning to any other jurisdiction that could be applicable because of their present or future address.