PRIVACY AND DATA PROTECTION POLICY

In compliance with the Mexican Federal Law for the Protection of Personal Data in Possession of Private Entities (hereafter the law), which has the purpose of protecting the personal data held by private parties (hereafter the information), the following Privacy and Data Protection Policy is available to you.

IDENTITY OF THE ENTITIES RESPONSIBLE FOR THE PROTECTION OF YOUR PERSONAL DATA

For this Privacy Notice, the following entities; Viajes Turquesa del Caribe Mexicano S.A. de C.V., Operadora Hotelera EDR S.A. de C.V., Operadora Hotelera Secrets EDM S.A. de C.V., Operadora ED Seaside S.A. de C.V., Operadora Gention S.A. de C.V., LT Brands S.A. de C.V., Distinctive Vacations S.A. de C.V., Viajes Acuáticos Turquesa S.A. de C.V., Desarrollos Turísticos Costa Turquesa S.A. de C.V., Servicios Turísticos Costa Turquesa S.A. de C.V., will be identified as subsidiaries and/or affiliates of Lomas Holding S.A. de C.V. without distinction, and which are part of Group Lomas business portfolio.

The address of the entities is located at Calle de Acceso L28, Manzana 16 Lote 37 Supermanzana 309, Cancún, Quintana Roo, México, Código Postal 77560.

The Web Development Department, located at the same address, is responsible for protecting any personal data that is collected. You can contact them at the following email address: webmaster@lomas-travel.com

PERSONAL INFORMATION REQUESTED

Grupo Lomas will request personal information to all the people who use our online and call center services to process, follow-up, and confirm the service(s) hired with Grupo Lomas, sending special offers and publicity, providing information about products or services, and contacting potential clients of any of the business units within the corporate group related to Grupo Lomas. The information requested from the users includes, but is not limited to: full name, e-mail address, mailing address, postcode, birth date, credit card information, and additional information important for the reservation and payment processes. The credit card information is used for the payment process during the hiring of the services provided by Grupo Lomas.

When filling the registry forms or giving the information to any representative of the call center, the information owner gives full and voluntary consent to provide their personal information that may be requested as well as the sharing, transfer, and/or processing of their personal information among the subsidiaries, affiliates, and other companies belonging to the same business group of Grupo Lomas, on the understanding that in case that the user decides not to share any of the mandatory information he/she will not be able to access to the services which necessitate such information; nonetheless, will be able to access to all the other services provided since personal information is not required. Grupo Lomas in no case and in no circumstance will keep, store, nor file any sensitive personal information such as race, ethnicity, health status, genetic information, religion and/or belief, membership to any union or such group, political conviction, sexual preference, etc.

Furthermore, Grupo Lomas compiles the e-mail addresses of all the people who use these services to communicate with  Grupo Lomas, the additional information regarding the web pages visited through their visit to the website, and any other information given voluntarily, including but not limited to polls, surveys, or online registry forms.

The information provided as a user of the website may be utilized to: contact the user provided that any change on the reservation is made, detect and/or prevent possible cyber-crimes, to make customer surveys and polls, manage the customer-company relations and improve the website’s content as well as for statistical purposes of our service improvement, sending special offers and publicity, providing information about products or services, and contacting potential clients of any of the business units within the corporate group of Grupo Lomas. In the case that the user provides Grupo Lomas with their phone number, it will be used as a means of communication in the event that any change in the reservation is made, or in any concern related to the payment process.

The personal information that, as a user of our website and/or Call center, is provided to Grupo Lomas must be true and in accordance with your present situation.

DATA TRANSFER

Personal data may be transferred and/or shared with trading partners, associates, suppliers, financial, banking, and credit institutions, subsidiary partners, subsidiaries, affiliates, branches, and third parties such as hotels, leasing companies, airlines, tour suppliers, etc., for marketing purposes, to confirm reservations, and generally to fulfill our obligations to the user or customer.

PRIVACY AND PERSONAL DATA PROTECTION

Grupo Lomas uses the most advanced technologies and processes for the protection of the information provided by the data owners. These technologies encode, cipher, and prevent the interception of any data and/or information provided through the internet and the Call center, including but not limited to: credit card numbers and e-mail addresses. Grupo Lomas establishes and maintains administrative, technical and physical measures in order to safeguard the personal data from: damages, loss or alteration, destruction or misuse, breach or unauthorized processing. The website includes links and/or hypertexts, advertising, buttons, and search engine tools on the internet that, when clicked on or accessed, connect the user to other portals and websites owned by third parties. Even though in some particular cases some of this third-party-owned websites are framed with the navigation bar and/or the design and appearance of Grupo Lomas website; the information that the user provides to any of these websites and portals is not covered under this Privacy Policy and Grupo Lomas will not be liable for the navigation or use of personal information within third-party-owned portals and websites, consequently, it is recommended that the user of the website to verify the notices and privacy policies established or applicable to these third-party-owned portals and websites.

Grupo Lomas commits to keep the user’s information undisclosed, and will not transfer the information to any third party unless prior consent is obtained from the user; with the exceptions mentioned on the Federal Law in Protection of Personal Data Held by Private Parties in its article 36; as well as executing the Data Transfer in observance of the present Law.

Article 36. Domestic or international transfers of data may be carried out without the consent of the data owner in the following cases:

1. Where the transfer is pursuant to a Law or Treaty to which Mexico is a party;
2. Where the transfer is necessary for medical diagnosis or prevention, health care delivery, medical treatment or health services management;
3. Where the transfer is made to holding companies, subsidiaries or affiliates under common control of the data controller, or to a parent company or any company of the same group as the data controller, operating under the same internal processes and policies;
4. Where the transfer is necessary by virtue of a contract executed or to be executed in the interest of the data owner between the data controller and a third party;
5. Where the transfer is necessary or legally required to safeguard public interest or for the administration of justice;
6. Where the transfer is necessary for the recognition, exercise or defence of a right in a judicial proceeding, and
7. Where the transfer is necessary to maintain or fulfil a legal relationship between the data controller and the data owner.

USE OF BANK CARD INFORMATION LIABILITY

Grupo Lomas commits to respect the privacy of all its customers; in the particular aspect of this website, to all those who make online bookings or book through the Call center. In order to ensure the safety of all the online operations aN SSL certificate is used in its website, which protects the data sent from the user’s web navigator into Grupo Lomas website and databases. All the information regarding the transactions made with a credit card is encrypted in order to keep the user’s information safe and private.

All the personal information provided by Grupo Lomas customers, such as full name, mailing address, e-mail address, telephone number, and any other data concerning the booking through the online payment process, will be considered  strictly confidential, unless specified otherwise by the customers.

USE OF “COOKIES” AND IP ADDRESSES

Grupo Lomas data server will send data to the user’s web navigator, which will be stored in the user’s computer hard drive. This allows Grupo Lomas to identify the devices employed by the user to access its portal. This whole process is known as the use of “cookies” or IP address. Through the use of these “cookies” or IP address, Grupo Lomas can offer a personalized service to all its users for it permits, among other things, to issue publicity and promotion campaigns, measure the online audience and traffic in its websites visited by the user. Through these “cookies” or IP address the user is not personally identified, what is identified is the public IP address from wich the user is accesses the website.

ACCESS TO PERSONAL DATA

Users of the services provided by Grupo Lomas have the right to access the personal data they provide to its database, and to the detail of the treatment given to them, the right to rectify such data in cases where such data is inaccurate and incomplete, to cancel them when deemed as unnecessary for any of the purposes mentioned in the present Privacy Policy, or when considered that such data is being used for the aim agreed in the present document, or when the contractual relationship of the service(s) or good(s) has ended, when disagreeing to the treatment of such for the specific means.

ARCO RIGHTS

The Law grants rights to assert (the ARCO rights):

• Access to your personal data to learn which of it is being in safekeeping, if they are correct or updated and the means by which they are being used.
• Rectification of such data in case it is inaccurate, incorrect or not updated.
• Cancellation, consisting of erasing such personal data when it is no longer being used in compliance with the means established in the present Privacy Policy.
• Opposition to the treatment given to your personal data regarding any of the means established in the present Privacy Policy.

Users have the right to abrogate the given consent for the treatment of their Personal Data in order for them not to be used furthermore, in addition to this, the consent to receive promotions and special offers by telephone or e-mail can be revoked.

To exercise the ARCO rights or the right to revoke the consent for the use of personal data, the User must send a written notification in Spanish to Grupo Lomas to the following e-mail address: webmaster@lomas-travel.com, or send it to the Web Development Department to the following mailing address: Calle de Acceso L28, Manzana 16 Lote 37 Supermanzana 309, Cancún, Quintana Roo, México, Post Code 77560. In such a written notification it must be specified: Full name, registered e-mail, mailing address, a telephone number, and a copy of the user’s ID must be attached.

Grupo Lomas will contact the user in follow up to the request in the consecutive 15 working days of the reception of such notification and attachments hereby solicited, to communicate whether the revocation proceeds or not, inform its rectification, perform the necessary steps to cancel the utilization of the user’s personal data, or end its usage.

LEGAL BASIS

This Privacy Notice is issued in compliance with the provisions of Articles 6 and 16 of the Political Constitution of the United Mexican States (Constitución Política de los Estados Unidos Mexicanos), as well as the Federal Law on the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de Particulares), the Regulations of the Federal Law on the Protection of Personal Data Held by Private Parties, and the Privacy Notice Guidelines issued by the INAI (National Institute for Transparency, Access to Information, and Protection of Personal Data).

MODIFICATION OF THE PRIVACY POLICY

Grupo Lomas reserves the right to modify or update, in whole or in part, the terms and conditions of this Privacy Notice in response to changes in legislation, internal policies, or new requirements related to the provision or offering of our services or products. These modifications will be made available to the public on our website.

ACCEPTANCE OF THE TERMS

This Privacy Policy is subject to the terms and conditions in the website of the business group of Grupo Lomas and/or its subsidiaries and/or affiliates which constitutes a legal binding agreement between you and the business group of Grupo Lomas and/or its subsidiaries and/or affiliates.

If, as a user, you use the services of Grupo Lomas  and/or its subsidiaries and/or affiliates, or provide us with your information, this means that you have read, understood, and agreed to the terms set forth above in a free, specific, informed, and unequivocal manner.