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Legal Notice

Seadust Cancun Family Resort

PRIVACY NOTICE (hereinafter “Privacy Notice”) related to the personal data collected by PROCUREKA, S.A. DE C.V. and its related parties (hereinafter jointly referred to as “SEADUST CANCÚN FAMILY RESORT”).

  1. General
  • 1.1. SEADUST CANCÚN FAMILY RESORT is a company committed to and respectful of the rights concerning the personal data of individuals, as 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 the Protection of Personal Data Held by Private Parties, its Regulations, and other applicable provisions. Accordingly, this Privacy Notice is made available so that the Data Owner is informed about the means to exercise their right to informational self-determination.
  • 1.2. By entering and using the website, whose electronic address is www.seadustcancun.com, in the section corresponding to “Privacy Notice” (hereinafter referred to as the “Website”) operated by SEADUST CANCÚN FAMILY RESORT, you (hereinafter the “Data Owner”) declare that you understand and accept the terms and conditions contained in this Notice and expressly grant your acceptance and consent by electronic means, in accordance with Article 1803 of the Federal Civil Code.
  • 1.3. If you, the Data Owner, do not fully and absolutely accept the terms and conditions of this Privacy Notice, you must refrain from sharing any type of information with SEADUST CANCÚN FAMILY RESORT, by any means, including the Website.
  • 1.4. In the event that you (the Data Owner) continue to use the Website, access the premises of SEADUST CANCÚN FAMILY RESORT, or provide it with personal information, either in whole or in part, such action shall be deemed as your absolute and express acceptance and consent to the terms and conditions stipulated herein.
  • 1.5. The mere use of the Website grants the visiting public the status of Data Owner of personal data and implies their full and unconditional acceptance and consent of each and every general and specific condition included in this Privacy Notice, in the version published by SEADUST CANCÚN FAMILY RESORT at the very moment the Data Owner accesses and uses the aforementioned Website.
SEADUST CANCÚN FAMILY RESORT and the Data Owner (hereinafter jointly the “Parties”) declare that, as there is no error, fraud, bad faith, or any other defect of will that could nullify the validity of this instrument, they agree to be bound by the provisions of this Privacy Notice.
  1. Definitions
  • 2.1. Personal Data. Any information concerning an identified or identifiable individual.
  • 2.2. Sensitive Personal Data. Personal data that affect the most intimate sphere of the Data Owner, or whose misuse may give rise to discrimination or entail a serious risk. In particular, sensitive data include those that may reveal aspects such as racial or ethnic origin, present and future health condition, genetic information, religious, philosophical and moral beliefs, trade union membership, political opinions, or sexual preference.
  • 2.3. Data Owner. The individual to whom the personal data identify, may identify, or relate.
  • 2.4. Controller. Private individual or entity (SEADUST CANCÚN FAMILY RESORT) that decides on the processing of personal data.
  • 2.5. Processor. The individual or entity that, alone or jointly with others, processes personal data on behalf of the Controller.
  • 2.6. Processing. The collection, use (including access, handling, utilization, transfer, or disposal), disclosure, or storage of personal data by any means.
  • 2.6.1. Transfer. Any communication of personal data made to a person other than the Controller or Processor.
  • 2.6.2. Remission. Communication of personal data between the Controller and the Processor, inside or outside Mexican territory.
  • 2.7. Third Party. Any individual or entity, national or foreign, other than the Data Owner or the Controller.
  • 2.8. ARCO Rights. The rights of Access, Rectification, Cancellation, and Objection regarding the processing of personal data.
  • 2.9. Implied Consent. The legal act, permitted under Mexican law, by which the Data Owner consents to the processing of their personal data when, having been made aware of the Privacy Notice, they do not express their opposition.
  • 2.10. Primary Purposes. The main purposes for which personal data are requested and which give rise to the relationship between SEADUST CANCÚN FAMILY RESORT and the Data Owner.
  • 2.11. Secondary Purposes. Purposes that are not essential to the relationship between SEADUST CANCÚN FAMILY RESORT and the Data Owner but are analogous or compatible with the primary purposes.
  1. Identity and Address of the Data Controller
  • 3.1. The Data Controller of the Data Subject’s personal data is PROCUREKA, S.A. de C.V. (together with its related parties, “SEADUST CANCÚN FAMILY RESORT”), committed to complying with this Privacy Notice in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP).
  • 3.2. Address: Boulevard Kukulcán Km. 16.9 or Km. 17, Lot 52-04, Block 53, Hotel Zone, Cancún, Municipality of Benito Juárez, Quintana Roo, C.P. 77500, Mexico.
    1. Personal Data Subject to Processing
    4.1.SEADUST CANCÚN FAMILY RESORT may process, directly or indirectly, the following personal data depending on the relationship with the Data Subject:
    • Clients and/or Prospects: full name, date and place of birth, age, gender, nationality, marital status, official photo identification, image or photograph, signature, full address, telephone numbers, email address, Tax Identification Number (RFC), banking information, billing information, copies of identification documents, proof of address, among others.
    • Sensitive personal data may be included, such as current or past health status, in accordance with applicable health regulations.
    • Website Users: full name, telephone number, email address.
    • Visitors: full name, official identification, image, signature, and purpose of visit.
  • 4.2.The Data Subject grants their express consent, in accordance with Article 8 of the LFPDPPP, for the processing of their personal data, including financial and patrimonial data.
  • 4.3.The Data Subject declares, under oath, that the information provided is true and up to date, releasing SEADUST CANCÚN FAMILY RESORT from any liability arising from errors.
  • 4.4.SEADUST CANCÚN FAMILY RESORT may obtain personal data from publicly available sources, respecting the Data Subject’s reasonable expectation of privacy.
  • 4.5.It may also process IP address information for security purposes and statistical analysis, without identifying the Data Subject, except in cases of suspected fraudulent activity.
    1. Purposes of Processing
    Primary Purposes:
    • To provide the products or services contracted.
    • To contact the Data Subject via electronic or telephone means.
    • To handle payments, clarifications, or complaints.
    • To issue invoices, credit notes, and maintain internal records.
    • To comply with contractual and legal obligations.
    Secondary Purposes:
    • To evaluate service quality.
    • To conduct internal studies on consumption habits.
    • To send promotions, newsletters, or event invitations.
    • To issue congratulations and institutional communications.
    The Data Subject may request exclusion from secondary purposes by sending an email to datospersonales@seadustcancun.com.
    1. Use of Cookies and Web Beacons
    The Website may use cookies and web beacons to enhance the user experience. The Data Subject may configure their browser to reject them, without this limiting basic access to the website.
    1. Limitations and Security Measures
    • SEADUST CANCÚN FAMILY RESORT implements technical, administrative, and physical measures to protect personal data against damage, loss, alteration, destruction, or unauthorized use.
    • In the event of a security breach, the Data Subject will be notified through the contact details provided.
    1. Designated Data Protection Officer
    1. Revocation of Consent
    The Data Subject may revoke their consent by submitting a written request to the email address indicated above, attaching official identification and the arguments supporting the request. SEADUST CANCÚN FAMILY RESORT will respond within a maximum period of 20 business days.
    1. ARCO Rights
    The Data Subject may exercise their rights of Access, Rectification, Cancellation, and Opposition (ARCO) by submitting a written request with the required information and documentation. A response will be issued within a maximum period of 20 days.
    1. Data Transfers
    • SEADUST CANCÚN FAMILY RESORT will not transfer personal data to third parties, except as necessary to comply with contractual or legal obligations, or with travel agencies, banks, or service providers required for such purposes.
    • Likewise, personal data may be shared within its corporate group for the same purposes.
    1. Modifications
    This Privacy Notice may be modified due to regulatory or internal changes, with the updated version published on www.seadustcancun.com.
    1. Supervisory Authority
    If the Data Subject considers that their right to personal data protection has been violated, they may contact the National Institute for Transparency, Access to Information, and Personal Data Protection (INAI) at www.inai.org.mx.
    1. Applicable Law and Jurisdiction
    • This Privacy Notice is governed by the laws of the United Mexican States, in particular the LFPDPPP.
    • For the interpretation or enforcement of this Notice, the Parties submit to the jurisdiction of the competent courts of Mexico City, waiving any other jurisdiction that may correspond to them.