BRAINTIVITY PRIVACY POLICY

PRIVACY NOTICE related to personal data, collected by BRAINTIVITY, SA DE CV (hereinafter referred to as "BRAINTIVITY")

General

BRAINTIVITY authorized by the Federal Tourism Secretariat through the Agreement for Concertation of Actions signed on May 29, 2019 in order to carry out the administration, operation, promotion, exploitation, among others, of the website whose electronic address is www .visitmexico.com and its microsites, is a company committed to and respectful of the rights over the personal data of natural persons, recognized in article 16, paragraph II of the Political Constitution of the United Mexican States, as well as the provisions of the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter the "LFPDPPP" or the "Law", interchangeably). Therefore, it makes available this Privacy Notice (hereinafter the "Notice"), on the Internet page www.visitmexico.com and on its microsites (hereinafter referred to as the "Site"), in so that THE HOLDER of personal data is empowered to exercise their right to informative self-determination.

By entering and using the Site, you (hereinafter referred to as "You", the "OWNER" or the "OWNERS", interchangeably), declare that you are understanding and accepting the terms and conditions contained in this Notice and expressly grant your acceptance and consent using electronic means for this purpose, in terms of the provisions of article 1803 of the Federal Civil Code.

If you do not absolutely and completely accept the terms and conditions of this Notice, you must refrain from providing any type of personal information to BRAINTIVITY by any means, including the Site.

In the event that THE HOLDER provides BRAINTIVITY with their personal data and / or continues to use the Site, said action will be considered as their absolute and express acceptance of the Notice, at the time that you provide their personal data and / or in which have access to or make this Notice available to you.

BRAINTIVITY is responsible for the treatment of personal data, who undertakes to respect the provisions of this Notice, which is made available to you in compliance with the provisions of the LFPDPPP and is applicable with respect to the personal data of users in the site that is treated for the promotion and dissemination of tourism in Mexico. The address that BRAINTIVITY establishes for the purposes of this notice is located at Avenida Paseo de la Reforma, nine hundred fifteen (915), Lomas de Chapultepec, Miguel Hidalgo, 11000 Mexico City zip code.

BRAINTIVITY may collect and process, directly and / or through managers, the following personal data:

Identification data: names, surnames, nationality, sex, date of birth, type and number of document, telephone, email.

Financial or equity data: credit and / or debit card data (name and surname of the owner, credit and / or debit card number, expiration date, security code).

In the event that THE HOLDERS need to communicate with the BRAINTIVITY User Service Area, said telephone calls may be recorded, in which case BRAINTIVITY will also treat THE HOLDERS 'voice.

THE HOLDER declares under protest to tell the truth, have sufficient powers to grant their personal data to BRAINTIVITY and accept this Privacy Notice, agreeing to remove BRAINTIVITY in peace and from any controversy caused by the unauthorized use of the personal data of third parties and minors.

The HOLDER can also provide opinions, comments and suggestions by voluntarily participating in surveys and / or answering questions sent through emails or from the Site. In this case, in order to provide other users with real testimonials about service experiences, the OWNER accepts and agrees that all the Opinions he sends may be published by on the Site, or on other Sites and / or Applications of providers with whom BRAINTIVITY has contractual relationships. In such case, the OWNER may be identified by full name and / or nickname, photo, comment and nationality. By giving us your Opinion, or uploading real photos through the Site, the HOLDER irrevocably cedes to BRAINTIVITY all property rights to said photographs and Opinions. We remind you that the HOLDER can give his opinion anonymously or delete it, according to the procedure detailed below in this Privacy Notice.

Always keep in mind that when you place the HOLDER information in a public area of ​​this Site (including without limitation: notices, chat groups, electronic photo albums and comments on products and services), you are making it available to other members, users of the Site and the general public; which is outside the scope of BRAINTIVITY control. Please remember the above and be careful about the information you decide to disclose.

THE HOLDER in this act, gives his express consent in terms of article 8 of the LFPDPPP, so that BRAINTIVITY treats his personal data, including financial and / or patrimonial contained in this clause, to fulfill the purposes established in this Notice.

BRAINTIVITY informs THE HOLDER:

  1. a) That it will not process sensitive personal data of THE OWNER of any kind.
  2. b) That it will not process the personal data of minors in accordance with the applicable Mexican regulations, and that if THE HOLDER provides any personal data of any minor to BRAINTIVITY, he / she manifests under protest to tell the truth, that he / she is empowered to grant said personal data to BRAINTIVITY, and that in case of controversy over said data, it is obliged to remove BRAINTIVITY in peace and safe.
  3. c) That he may obtain the personal data of THE OWNER through the so-called public access sources, in order to validate, update and contact THE OWNER, respecting at all times the reasonable expectation of privacy referred to in article 7 of the LFPDPPP .
  4. d) That it will use IP information (Internet Protocol, for its acronym in English Internet Protocol) to analyze any type of threats to the Site, as well as to collect demographic information.

BRAINTIVITY accepts and acknowledges that it may directly and / or through processors process the personal data of THE OWNER, in accordance with the type of relationship it has with it, for the following primary purposes:

  1. a) Contact you by any means, to attend and follow up on your comments or requests for information and services and / or products, if applicable.
  2. b) Contact THE OWNER through the means he has indicated, in order to make clarifications and follow up on any situation derived from the information provided by the commercial partners announced on the Site.
  • c) To respond to the questions and comments made by THE HOLDER through the means indicated as the means of contact.
  • d) To contact THE HOLDER for the purpose of customer service.
  • e) For quality control purposes of the BRAINTIVITY User Service Area, THE OWNER'S voice may be recorded in the telephone calls received by BRAINTIVITY.
  • f) Register them and update the data in the internal business administration system, for access to personal data by the people authorized to do so.
  • g) Generate a record in the BRAINTIVITY user database that will be kept for 5 years.
  • h) To access the social networks in which BRAINTIVITY participates.

BRAINTIVITY may directly and / or through processors process the personal data of THE OWNER for the following secondary purposes:

  • a) To evaluate the quality of the information and / or services and / or products offered by BRAINTIVITY, as well as the quality of attention to your comments or requests.
  • b) Carry out surveys, statistics or internal studies on consumption habits and preferences.
  • c) To provide you with additional communications, information and promotions of products and / or services, if applicable, through any physical and / or electronic means.
  • d) To inform THE HOLDER via email about special offers and products and services related to products that may be of interest to them.
  • e) To participate in offers or promotions of products and / or services offered by BRAINTIVITY, through any physical and / or electronic means.
  • f) Inform via email about changes or new products and / or services that are related to the product requested by the HOLDER.
  • g) Generate internal reports on the use of the Site.
  • h) For mass mailings of own marketing and those of third parties that are commercial partners of BRAINTIVITY.
  • i) To contact THE OWNER in order to send them informational and service-related messages, including important security updates.
  • j) To transfer the personal contact information of the HOLDERS to commercial allied companies of BRAINTIVITY for the offer of their products and services.

In the event that the HOLDER does not want their personal data to be used for all or some of the secondary purposes listed in the previous section, they must send a request to delete their data, specifying the secondary purposes for which they wish not to be processed. your personal data, to the following email: claudia.cabrera@visitmexico.com

BRAINTIVITY acknowledges that the Site may use cookies in connection with certain features or functions. Cookies are specific types of information that a website transmits to THE HOLDER's computer hard drive in order to keep records. Cookies can serve to facilitate the use of a website, by saving passwords and preferences while THE HOLDER browses the Internet.

For their part, web beacons are images inserted in an Internet page or email, which can be used to monitor the behavior of a visitor, such as storing information about the IP address of THE HOLDER, duration of the interaction time on said page and the type of browser used, among others.

Although most browsers accept cookies and web beacons automatically, THE HOLDER can configure your browser so that it does not accept them.

THE HOLDER may unsubscribe from BRAINTIVITY's list of mass mailing of advertising or marketing emails, for which they must click on the “Unsubscribe” link integrated in the footer of all emails sent by BRAINTIVITY, to effect of not receiving such communications again.

Additionally, in order to avoid receiving publicity in general, THE HOLDER may register in the Public Registry to Avoid Advertising. For more information, you can check the Internet page of the Federal Consumer Prosecutor (PROFECO).

BRAINTIVITY undertakes to make its best effort to protect the security of your personal data in accordance with security and confidentiality standards and procedures, through the execution of legal acts, the use of anti-virus technologies and systems, which control access, use or disclosure without authorization of personal information; For this purpose, personal information is stored in databases with limited access that are located in controlled facilities with strict security mechanisms to encrypt the data of the transactions carried out by visitors to the Site. BRAINTIVITY undertakes that the information provided by THE OWNER is considered confidential and used under full privacy.

Notwithstanding the foregoing, and in the event of security breaches occurring at any stage of the treatment, which significantly affect the economic or moral rights of THE HOLDERS, they will be informed by email, immediately, in order to that the latter can take the corresponding measures to defend their rights, exempting BRAINTIVITY from any responsibility, if the violation is not attributable to him.

We inform you that all information collected is collected and stored on servers physically located in the United States. BRAINTIVITY may relocate these servers to any other country, in the future, and may store information in the United States or in other countries, for backup or back up purposes. The HOLDER gives his unequivocal consent so that BRAINTIVITY can transfer his data to any country in the world. In any case, BRAINTIVITY undertakes to guarantee that the legally enforceable standards for the protection and safeguarding of your information are complied with, by signing agreements or agreements whose purpose is the privacy of your personal data.

Designated: BRAINTIVITY Personal Data Area.

Email: aldog@visitmexico.com

THE HOLDER may revoke the consent granted. To carry out such revocation, the following procedure must be observed:

  1. a) Send an email to the Personal Data Area, through which said requests will be answered.
  2. b) The request to send to the email specified above, must indicate:
  3. The full name of THE HOLDER, address and email to receive the response generated by reason of your request.
  4. The reason for your request.

III. The arguments that support your request or petition.

  1. Official document proving your identity and showing that you are who you say you are.
  2. Date from which the revocation of your consent becomes effective.
  3. c) BRAINTIVITY will notify THE HOLDER in writing, by email, within a maximum period of 20-15 days, counted from the date on which the request for the revocation of consent was received, the resolution adopted, to the effect that: if appropriate, it is effective within XNUMX-XNUMX days after the date the response is communicated.

In the event that THE HOLDER needs to access, rectify, cancel or oppose the personal data that he has provided to BRAINTIVITY, he must observe the following procedure:

  1. a) Send an email to the Personal Data Area, through which said requests will be answered.
  2. b) The request to send to the email specified above, must indicate:
  3. The full name of THE HOLDER, address and email to receive the response generated by reason of your request.
  4. The reason for your request.

III. The arguments that support your request or petition.

  1. Official document proving your identity and showing that you are who you say you are.
  2. Clear and precise description of the personal data with respect to which one seeks to exercise any of the ARCO rights, and any other element or document that facilitates the location of the personal data.
  3. In the case of requests for rectification of personal data, THE HOLDER must indicate, in addition to what has been indicated, the modifications to be made and provide the documentation that supports their request.
  4. c) BRAINTIVITY will notify THE HOLDER, within a maximum period of 20-15 days from the date the request for access, rectification, cancellation or opposition was received, the resolution adopted, so that, if appropriate, make it effective within XNUMX-XNUMX days from the date the response is communicated. In the case of requests for access to personal data, the delivery will proceed after accreditation of the identity of the applicant or legal representative, as appropriate.

BRAINTIVITY undertakes not to transfer or share the data referred to in this Notice, in favor of third parties, except in cases where it is necessary to fulfill the purposes of this Notice and when it is required to comply with the applicable regulations and cooperate with the competent authorities. Likewise, in compliance with its legal obligations, and for information purposes to THE HOLDER, it is indicated that BRAINTIVITY may carry out the following transfers of personal data:

  1. a) Banking, financial and credit institutions, in order to collect the products or services offered by BRAINTIVITY.
  2. b) Final suppliers of products and / or services to manage the reservations and / or purchase requests of THE HOLDER.
  3. c) To its commercial partners with whom BRAINTIVITY could jointly offer products and / or services, including receptive tourism and / or adventure companies, for the offer of products or services. Said suppliers and commercial partners are subject to confidentiality contracts that prohibit the unauthorized use or disclosure of the personal data of THE HOLDERS to which they have access.
  4. d) To companies belonging to the BRAINTIVITY group, if applicable.

THE HOLDER accepts and acknowledges that under article 37 of the LFPDPPP, the transfers described above are necessary to fulfill the obligations that BRAINTIVITY has agreed with THE HOLDER and therefore does not require your consent to carry them out.

The Notice can be modified in the time and manner determined by BRAINTIVITY, being obliged to notify THE HOLDER of any change in it, through its publication on the Site.

If you consider that your right to the protection of your personal data has been violated by any conduct or omission on the part of BRAINTIVITY, or presume any violation of the provisions set forth in the LFPDPPP, its Regulations and other applicable regulations, you may file your disagreement or complaint before the guarantor authority that in Mexico is the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI). For more information, we suggest you visit their official website www.inai.org.mx.

This Notice will be governed by the legal provisions applicable in the Mexican Republic, especially by the provisions of the Political Constitution of the United Mexican States, the Federal Law on the Protection of Personal Data Held by Private Parties, its Regulations and the rest. applicable linked regulations. In the event that there is a dispute or controversy, derived from the interpretation, execution or fulfillment of the Notice, of any of the documents that derive from it, or that are related to it, the parties will amicably seek to reach an agreement within within a period of 30 to thirty calendar days, counted from the date on which any difference arises and the counterpart is notified in writing of said event, deducting the mediation process before the Alternative Justice Center of Mexico City, taking under the Alternative Justice Law of the Superior Court of Justice of Mexico City and its Internal Regulations, in force at the time the dispute is filed.

In the event that the parties do not reach an agreement, they agree in this act that all the disagreements derived from this Notice or from any of the documents that derive from it, or that are related to this or those, are subject to definitively to the jurisdiction and laws of the Federal Administrative Authorities or Courts of Mexico City, expressly renouncing any other jurisdiction that for reasons of their present or future domiciles may correspond to them.

The version of the BRAINTIVITY Privacy Notice is 1.0 and the date of the last update is March 27, 2020.