Privacy notice
This Privacy Notice is issued in compliance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter the “Law”), its regulations (the “Regulations”), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (known as “GDPR”).
I. RESPONSIBLE PARTY: The company TAGEPA, S.A.P.I. DE C.V., with address at AVENIDA ANTONIO DOVALI JAIME, No. 70, TORRE A PISO 8, COLONIA LOMAS DE SANTA FE, ALCALDÍA ALVARO OBREGÓN, CIUDAD DE MÉXICO, C.P. 01219, as well as its subsidiaries, affiliates, or companies within the same corporate group (hereinafter “TAGEPA”) is responsible for the use and protection of your personal data and, in this regard, informs THE HOLDER about its policies on the treatment of personal data and security measures according to the provisions of this notice.
II. PURPOSE OF THE NOTICE: The purpose of this privacy notice is to inform any person who provides their data to TAGEPA (hereinafter “THE HOLDER”) about the policies that TAGEPA follows to collect personal data, to carry out correct processing for the primary and secondary purposes established herein, the care measures it takes to maintain the confidentiality of your personal data, and the mechanisms it provides to address queries related to your rights of access, rectification, cancellation, and opposition (known as “ARCO rights”).
III. MANNER OF NOTICE PROVISION: The presentation of this notice to THE HOLDER may be made through printed, digital, or telephone means, but always prior to collecting their personal data. This privacy notice will be fully available at all times on the website www.dolphinaris.com.
IV. PERSONAL DATA TO BE COLLECTED: The personal data we collect includes the following: name, nationality, date of birth, address, city and country of residence, telephone number(s), email, photograph, occupation and the company for which you work, social network names (Facebook, Twitter, Instagram, Snapchat, and any other current or future social network), and the banking information of your debit or credit cards or other forms of payment such as PAYPAL, used by THE HOLDER for the purchase of products or services offered by TAGEPA.
If THE HOLDER accesses the website www.dolphinaris.com, www.dolphinaris.com, or TAGEPA’s social media profiles (Facebook, Twitter, Instagram, Snapchat, and any other current or future social network), the following data will also be collected: IP address, type of Internet browser, browsing preferences on our website, websites visited. If you do not agree with the above, THE HOLDER may disable cookies and web beacons as provided in section IX, titled “USE OF COOKIES AND WEB BEACONS.”
The protection of the privacy of minors’ personal data is especially important to TAGEPA, and as soon as we become aware of minors’ personal data, their treatment will always comply with the guidelines and requirements established by the Law and its Regulations. TAGEPA will only allow the purchase of its products or services by minors when these are made by their parents or guardians, as the case may be, who must give their consent to the processing of the personal data.
V. PURPOSES FOR THE USE OF YOUR PERSONAL DATA: The personal data collected will only be used for the purposes described below:
1) PRIMARY PURPOSES: The personal data we collect from you will be used for activities necessary for the services requested by THE HOLDER, such as the following:
a) Managing reservations, purchases of products or services, quoting events, and general customer service.
b) Identification and access of THE HOLDER to TAGEPA’s facilities where services are provided.
c) Providing customer service through chats, email, phone, or other means.
d) Collecting, using, managing, storing, and creating a database of customers and people related to TAGEPA, as well as activities aimed at maintaining and updating the database to offer better service.
e) Charging and invoicing for products and services offered by TAGEPA.
f) Evaluating the quality of the products and services offered by TAGEPA.
g) Fulfilling the obligations TAGEPA has contracted with THE HOLDER.
2) SECONDARY PURPOSES:
a) Conducting contests, promotional events, raffles, lotteries, and all types of promotional activities organized by TAGEPA.
b) Sending promotional communications related to any product or service available on the website www.dolphinaris.com or TAGEPA’s social media profiles (Facebook, Twitter, Instagram, Snapchat, and any other current or future social network).
c) Sending promotional communications about special activities organized by TAGEPA.
d) Knowing the interests of users and offering improvements in products and services.
e) Improving the user experience on the website www.dolphinaris.com and on social media profiles.
If THE HOLDER expresses disagreement with the use of their personal data for one or more of the secondary purposes, they must state this when giving their consent. Refusing the use of secondary purposes will not be a reason to deny the provision of the services and products offered by TAGEPA.
VI. RETENTION PERIOD: Due to the nature of the services offered by TAGEPA, personal data will be retained until the date THE HOLDER requests their cancellation or until TAGEPA, as part of updating its database, considers that such information should be purged as it is no longer necessary to fulfill the purposes established in this notice.
VII. TRANSFER OF PERSONAL DATA TO THIRD PARTIES: The personal data collected will not be marketed, sold, transferred, or passed on in any way for profit to any third party.
Transfers made by TAGEPA of your personal data will only be made with your prior consent or, without the need for consent, in cases permitted by the Law, such as transfers of data to TAGEPA’s subsidiaries, affiliates, or companies within the same corporate group, or when necessary to comply with legal obligations, such as transfers to Mexican and foreign authorities to comply with obligations arising from laws or international treaties. If TAGEPA makes any additional transfer that requires your express consent, it will be obtained in advance.
VIII. THIRD-PARTY WEBSITES OR LINKS: THE HOLDER is informed that any link accessed other than the website www.dolphinaris.com is outside of TAGEPA’s control, and THE HOLDER assumes absolute responsibility for reviewing the policies and conditions for data processing and confidentiality of the link in question, including but not limited to payment portals, third-party websites related to the services offered by TAGEPA, external advertising, as well as any other window or link that is different from the website www.dolphinaris.com.
IX. USE OF COOKIES AND WEB BEACONS: THE HOLDER is informed that the website www.dolphinaris.com uses cookies and web beacons. Cookies are files automatically downloaded and stored on your computer when browsing a website, allowing the Internet server to remember data about the user and their browsing preferences. Web beacons are images inserted on a website or email that can be used to collect certain data and monitor user behavior on the website or store their IP address. The use of Cookies and/or Web Beacons is intended to provide a better experience during your browsing on the various sites, as well as to save information about your access to improve account security, define content preferences, and personalize information based on user interests or follow up on your online purchases.
THE HOLDER may disable the use of cookies and web beacons through the “help” button found in the toolbar of most browsers, which will tell you how to avoid accepting new cookies, how to make the browser notify you when you receive a new cookie, or how to disable all cookies.
X. DATA PROCESSING OFFICER: THE HOLDER is informed that TAGEPA has a department responsible for handling queries related to the use and processing of your personal data, as well as those related to exercising your ARCO rights. The head of this department is Mr. Christian Schaeffer de León, to whom you can address your queries in writing at the following address: AVENIDA ANTONIO DOVALI JAIME, No. 70, TORRE A PISO 8, COLONIA LOMAS DE SANTA FE, ALCALDÍA ALVARO OBREGÓN, CIUDAD DE MÉXICO, C.P. 01219, or by email at [email protected].
XI. EXERCISE OF ARCO RIGHTS: THE HOLDER is informed that, in compliance with the provisions of the Law and its Regulations, they have the following rights:
a) Access: The right to request from TAGEPA a report on the personal data collected, its processing, and the conditions of its use. In exercising this right, you may request an electronic copy of this information.
b) Rectification: The right to request TAGEPA to correct your personal information if it is outdated, inaccurate, or incomplete.
c) Cancellation: The right to request the deletion of your personal data from TAGEPA’s records or databases when they are not being used for the purposes for which they were collected or when their processing does not comply with the principles, duties, and obligations provided by the regulations.
d) Opposition: The right to request TAGEPA not to use (or to stop using) your personal data for specific purposes.
To exercise these rights, THE HOLDER must submit, personally or through a legal representative with specific powers, a written or email request addressed to the personal data processing officer described in the previous point, and must include the following information:
i. THE HOLDER’s name and address or other means to communicate the response to their request;
ii. The documents proving their identity or, if applicable, their legal representation;
iii. A clear and precise description of the personal data for which any of the above rights is sought to be exercised;
iv. Any other element or document that facilitates the location of the personal data; and
v. In the case of rectification requests, the modifications to be made and the documentation supporting their request must be indicated.
Any request that does not meet these requirements may be rejected by TAGEPA until it is corrected.
Requests that meet the aforementioned requirements will be addressed within 20 business days from the date the request was received. If the request is appropriate, TAGEPA will comply within 15 business days from the date it communicated its response to THE HOLDER. The periods described here may be doubled once when the circumstances of the case justify it.
If, for any justified reason established in the Law or the Regulations, it is not possible to comply with the request, TAGEPA must inform THE HOLDER of its total or partial refusal, explaining the reason for its decision and providing any relevant evidence.
XII. WITHDRAWAL OF CONSENT FOR THE USE OF YOUR PERSONAL DATA: THE HOLDER is informed that they may partially or fully withdraw their consent for the use of their personal data if they believe it is being used for purposes other than those for which it was collected. To do this, they must submit a request according to the requirements, procedure, and deadlines established in section XI, titled “EXERCISE OF ARCO RIGHTS.”
The cancellation of personal data will lead to a blocking period after which the data will be deleted. TAGEPA may retain personal data solely for the purpose of fulfilling responsibilities arising from processing. The blocking period will be equivalent to the statute of limitations for actions arising from the legal relationship that underpins the processing under the terms of the applicable Law. Once the data is canceled, THE HOLDER will be notified.
XIII. COMPLIANCE WITH GDPR PROVISIONS OF THE EUROPEAN UNION: If THE HOLDER is a national or resident of the European Union, they are informed that TAGEPA, in compliance with the provisions established by the GDPR, has taken various measures to protect their personal data, including but not limited to:
a) Recognition of additional rights: According to the GDPR, TAGEPA recognizes the following rights of THE HOLDER:
i. Right to restriction of processing: THE HOLDER has the right to obtain from TAGEPA the restriction of the processing of their data in the following cases:
- When the accuracy of personal data is contested, for a period that allows verification of its accuracy;
- When its processing is unlawful, and THE HOLDER opposes the deletion and instead requests the restriction of its use;
- When TAGEPA no longer needs personal data for processing purposes, but THE HOLDER needs it to formulate or exercise their rights;
- When THE HOLDER has objected to its processing while verifying whether TAGEPA’s legitimate reasons outweigh those of THE HOLDER.
In such cases, TAGEPA may only continue the processing of personal data with THE HOLDER’s consent or in one of the exceptions established by the Law, Regulations, or GDPR.
ii. Right to data portability: THE HOLDER has the right to receive the personal data concerning them, which they have provided to TAGEPA, in a structured, commonly used, and machine-readable format, and to transmit it to another data controller when the processing is carried out by automated means.
iii. Right to automated individual decisions: THE HOLDER has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or significantly affects them similarly, unless necessary for the provision of services offered by TAGEPA.
The rights referred to herein may be exercised, where applicable, according to the requirements, procedure, and deadlines established in section XI, titled “EXERCISE OF ARCO RIGHTS.”
b) Recording of processing activities: According to the GDPR, TAGEPA is obligated to enter into a contract with the data processing officer, indicated in section X, titled “DATA PROCESSING OFFICER,” who is obliged to keep a record of the processing activities carried out under their responsibility according to the GDPR.
XIV. SUPERVISORY AUTHORITY: THE HOLDER is informed that any complaint or claim related to this notice that has not been properly addressed by TAGEPA within the deadlines and forms established in this notice may be directed to the National Institute for Transparency, Access to Information, and Protection of Personal Data (known as “INAI”). Inquiries to this authority can be directed to the phone number 018008354324, email [email protected], or in writing to the address: Av. Insurgentes Sur, # 3211, Planta Baja, Colonia Insurgentes Cuicuilco, Delegación Coyoacán, C.P. 04530, Ciudad de México.
XV. SECURITY MEASURES: THE HOLDER is informed that TAGEPA will take reasonable organizational and technical security measures to prevent the loss, misuse, alteration, or illegal disclosure of your information and personal data, which we require our service providers to comply with, including services provided by TAGEPA’s subsidiaries, affiliates, or companies within the same corporate group.
Security measures that TAGEPA may take to protect your personal information include, but are not limited to:
a. Restricting access by its personnel to physical or digital databases where the collected personal data is stored.
b. The use of keys, passwords, and document encryption for physical and digital files where personal data is stored.
c. The use of antivirus and firewalls to prevent unauthorized access by hackers.
d. Any other security measures deemed appropriate.
In case of a security breach, TAGEPA undertakes to take the necessary measures to assess the impact of the breach and take the necessary measures to compensate for the damages caused to its security system. If necessary, TAGEPA will notify THE HOLDER if the breach could cause them any harm.
XVI. CHANGES TO THE PRIVACY NOTICE: In the event that TAGEPA makes any change or modification to this Privacy Notice, such changes will be announced on the website www.dolphinaris.com, where updates, changes, or modifications to this notice can be consulted to comply with legal requirements, offer new products or services, improve new privacy policies, or for any other necessary reason.
XVII. CONSENT: You consent to the processing of your personal data according to the terms and conditions of this Privacy Notice, except for the reservations you expressly state.
Date of last update of this Privacy Notice: August 2024