Privacy policy

BRAINTIVITY PRIVACY POLICY

PRIVACY NOTICE related to personal data, collected by BRAINTIVITY, S.A. DE C.V. (hereinafter referred to as "BRAINTIVITY")

General

BRAINTIVITY authorized by the Federal Secretary of Tourism through the Agreement for the Agreement of Actions signed on May 29, 2019 in order to carry out the administration, operation, promotion, exploitation, among others of the Internet page whose electronic address is www .visitmexico.mx and its microsites, is a company committed and respectful of the rights over 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 this Privacy Notice available to you (hereinafter the "Notice"), on the Internet page www.visitmexico.mx and on its microsites (hereinafter indiscriminately referred to as the "Site"), at In order that THE HOLDER of the personal data is empowered to exercise their right to informative self-determination.

You (hereinafter referred to as "You", the "HOLDER" or the "HOLDERS", interchangeably), by entering and using the Site, 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 fully and completely accept the terms and conditions of this Notice, you must refrain from providing any type of personal data to BRAINTIVITY by any means, including the Site.

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

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

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

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

Financial or patrimonial information: credit and / or debit card data (name and surname of the holder, 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, these calls may be recorded, in which case BRAINTIVITY will also treat the voice of THE HOLDERS.

THE HOLDER declares under protest of telling the truth, having sufficient power to grant their personal data to BRAINTIVITY and accept this Privacy Notice, committing to dismiss BRAINTIVITY in a peaceful manner from any controversy caused by the unauthorized use of 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 Opinions sent may be published by on the Site, or on other Sites and / or Applications of providers with whom BRAINTIVITY has contractual relationships. In this case, the HOLDER may be identifying him with his full name and / or nickname, photo, comment and nationality. By providing us with your Opinion, or uploading real photos through the Site, the OWNER irrevocably assigns to BRAINTIVITY all property rights over said photographs and Opinions. We remind you that the HOLDER can give their opinion anonymously or delete it, according to the procedure detailed below in this Privacy Notice.

Always keep in mind that when thFinancial or patrimonial information: credit and / or debit card data (name and surname of the holder, credit and / or debit card number, expiration date, security code).e HOLDER places information in a public area of ​​this Site (including without limitation: notices, chat groups, electronic photo albums and comments on products and services), he is making it available to other members, users the Site and the general public; which is beyond the control of BRAINTIVITY. Please remember the above and be careful about the information you decide to disclose.

THE OWNER in this act, grants his express consent in terms of article 8 of the LFPDPPP, for BRAINTIVITY to process his personal data, including financial and / or patrimonial data contained in this clause, to fulfill the purposes established in this Notice.

BRAINTIVITY informs THE HOLDER:

  1. a) That it will not treat sensitive personal data of THE HOLDER of any kind.
  2. b) That it will not treat 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, the same declares under protest of telling the truth, that it 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 safety.
  3. c) That you may obtain the personal data of THE HOLDER through the so-called public access sources, in order to validate, update and contact THE HOLDER, 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 process directly and / or through managers, the personal data of THE HOLDER, 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 by the means that 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 OWNER through the means that they have indicated as a means of contact.
  • d) To contact THE OWNER for user service purposes.
  • e) For quality control purposes of the BRAINTIVITY User Service Area, the voice of THE HOLDER may be recorded in the telephone calls received by BRAINTIVITY.
  • f) Register and update the data in the internal business administration system, for access to personal data by authorized persons.
  • 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 process directly and / or through managers, the personal data of THE HOLDER for the following secondary purposes:

  • BRAINTIVITY may process directly and / or through managers, the personal data of THE HOLDER for the following secondary purposes:
  • a) To evaluate the quality of the information and / or the services and / or products offered by BRAINTIVITY, as well as the quality of attention to your comments or requests.
  • b) Conduct surveys, statistics or internal studies on consumer 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 could be of interest to you.
  • 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 mail marketing and those of third parties that are commercial partners of BRAINTIVITY.
  • i) To contact THE OWNER in order to send information and service-related messages, including important security updates.

j) To transfer the personal contact data of the HOLDERS to BRAINTIVITY´s commercial allied companies to offer 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.mx

BRAINTIVITY recognizes 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 hard drive of THE HOLDER´s computer in order to maintain records. Cookies can be used 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 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 their browser so that it does not accept them.

THE OWNER may unsubscribe from the list of mass mailing of advertising or marketing emails from BRAINTIVITY for which they must click on the link "Cancel subscription" integrated in the footer of all emails sent by BRAINTIVITY, to effect of not receiving said communications again.

Additionally, in order to avoid receiving publicity in general, THE HOLDER may register in the Public Registry to Avoid Publicity. For more information, you can check the website of the Federal Consumer Prosecutor´s Office (PROFECO).

BRAINTIVITY is committed to doing its best to protect the security of your personal data in accordance with standards and procedures of security and confidentiality, through the execution of legal acts, the use of antivirus technologies and systems, that 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 HOLDER is considered confidential and used under full privacy.

Notwithstanding the foregoing and, in the event of security breaches occurring in any phase 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 may take the corresponding measures to defend their rights, disclaiming any responsibility to BRAINTIVITY, if the violation is not attributable to it.

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 other countries, for backup purposes. The HOLDER gives his unequivocal consent for BRAINTIVITY to transfer his data to any country in the world. In any case, BRAINTIVITY undertakes to guarantee compliance with legally enforceable standards for the protection and safeguarding of your information, by signing agreements or conventions whose purpose is the privacy of your personal data.

Designated: BRAINTIVITY Personal Data Area.

Email: aldog@visitmexico.mx

  1. THE HOLDER may revoke the consent granted. To carry out said revocation, the following procedure must be observed:
  2. a) Send an email in response to the Personal Data Area, through which such requests will be attended to.
  3. b) The request to be sent to the email specified above, must indicate:
  4. The full name of THE HOLDER, address and email to receive the response generated on the occasion of your request.

The reason for your request.

  1. III. The arguments that support your request or petition.
  2. Official document that proves your identity and proves that you are who you say you are.
  3. Date from which the revocation of your consent becomes effective.

c) BRAINTIVITY will notify THE HOLDER in writing, via email, within a maximum period of 20-twenty days, counted from the date on which the request for the revocation of consent was received, the resolution adopted, to the effect that, if it is appropriate, it becomes effective within 15-fifteen days following the date on which the response is communicated.

  1. In the event that THE HOLDER needs to access, rectify, cancel or oppose the personal data that she has provided to BRAINTIVITY, she must observe the following procedure:
  2. a) Send an email in response to the Personal Data Area, through which such requests will be attended to.
  3. b) The request to be sent to the email specified above, must indicate:
  4. The full name of THE HOLDER, address and email to receive the response generated on the occasion of your request.

The reason for your request.

  1. III. The arguments that support your request or petition.
  2. Official document that proves your identity and proves that you are who you say you are.
  3. 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.
  4. In the case of requests for rectification of personal data, THE HOLDER must indicate, in addition to what is indicated, the modifications to be made and provide the documentation that supports their request.

c) BRAINTIVITY will notify THE HOLDER, within a maximum period of 20-twenty days from the date on which the request for access, rectification, cancellation or opposition was received, the resolution adopted, so that, if appropriate, make it effective within 15-fifteen days following the date on which 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.

  1. 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 obliged to comply with the applicable regulations. and cooperate with the competent authorities. Likewise, in compliance with its legal obligations, and for informational purposes to THE HOLDER, it is indicated that BRAINTIVITY may carry out the following transfers of personal data:
  2. a) Banking, financial and credit institutions, in order to collect the products or services offered by BRAINTIVITY.
  3. b) Final suppliers of products and / or services to manage reservations and / or purchase requests of THE HOLDER.
  4. c) To its business partners with whom BRAINTIVITY could jointly offer products and / or services, including receptive and / or adventure tourism companies, for the offering of products or services. Said suppliers and business 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.

d) To companies belonging to the BRAINTIVITY group, if applicable.

THE HOLDER accepts and acknowledges that by virtue of article 37 of the LFPDPPP, the transfers described above are necessary to comply with the obligations that BRAINTIVITY has agreed upon with THE HOLDER, so it does not require your consent to carry them out.

The Notice may be modified in the time and form that BRAINTIVITY determines, forcing itself to notify THE OWNER 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 harmed by any conduct or omission on the part of BRAINTIVITY, or you 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, which 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 Protection of Personal Data in Possession of Individuals, its Regulations and others 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 are derived from it, or that are related to it, the parties will amicably seek to reach an agreement within within a period of 30-30 calendar days, counted from the date on which any difference arises and the counterpart is notified in writing about 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 arises.

In the event that the parties do not reach an agreement, they agree in this act that all disagreements arising from this Notice or from any of the documents derived from it, or that are related to this or those, be submitted 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.

 

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