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Privacy Policy

Privacy Policy

Privacy Policy.-Marina Riviera Nayarit (the "Company" or "we"), a corporate conglomerate belonging to La Cruz Yacht Club, S.A. de C.V., Embarcadero La Cruz, S.A. de C.V., La Cruz Shipyard, S. de R.L. de C.V., Alfesspe Operadora de Restaurantes, S. de R.L. de C.V., with its principal place of business at Marlin 39-A, Playas de Huanacaxtle, La Cruz de Huanacaxtle, Municipality of Bahia de Banderas, Nayarit, México, 63734, is responsible of the personal information that may be collected through paper forms or websites (hereinafter collectively known as, the "Website"). The Company may be involved in one of the following services: marina slips, reservations, food and beverages (restaurants, bar or coffee), as well as other services that the Company might offer (hereinafter referred to as the "Service"), by which it delivers advertisements and offers by email to its "list members," that is, people who sign up for the Service through our opt-in process via our Site or paper forms. The members in the list may be selected as recipients of conventional or e-mail messages that from time to time may be instrumented for the promotion of our services.


The information related with real estate or tourist developments that may be presented through this web site is only for exposition purposes. Such information is neither an offer nor an offer solicitation. Furthermore, said information is only for individuals or corporations in Mexican territory.
List members can be removed from our lists at any time, no questions asked. We know that just because you joined a list a month ago doesn't mean that you necessarily want to stay on it forever. You can remove yourself from any or all of the lists you signed up for by sending a request to the contact address, and in conformity with the procedure that is established further below. Also, every collective message we send is coded with a special footer that allows you to remove your name from our lists automatically by clicking a link provided in the message.
We want our list members to feel comfortable using the Site and participating in the Service, therefore, we have created this Privacy Policy to let you know what information we may collect from you on the Site and through the Service and how we may use that information. Please take a moment to review the terms of our Privacy Policy. By using the Site and participating in the Service, you agree to accept the terms of our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site or participate in the Service.

Personal Information

Collection and Use
To simply view the Site without registering for the Service, you will not be required to provide any personal information. However, to register for the Service, or to use it, either through our Website, or through our paper formats and slip contracts in paper or online, you may be required to provide one or more of the following personal information: name, date and place of birth, marital status, profession or occupation, principal activity of business or occupation, physical address, telephone and/or fax, credit card information, Federal Taxpayer’s Registry Information and e-mail address.

As consequence of the above, we will use your personal information for the formalization, operation and registration of the Services that You may contract, as well as for periodical information, in its case, regarding other products, amenities and promotions that are part of our Services catalogue. When this is necessary, we may also use your personal information to ensure fulfillment of these corporate policies and the applicable law.

In case of service reservations are made by user directly through any website they will not be guaranteed if the credit card data provided when making such reservation is incorrect (in case the website offers this kind of reservations service).

Limits to the Use or Disclosure of Personal Information and removal from Mailing Lists.
You may contact us at any time to be removed from our mailing lists, or to revoke the consent that was given to us for the use of your personal information, so that we stop using it. You may exercise this prerogative through the e-mail account This email address is being protected from spambots. You need JavaScript enabled to view it. or directly at our offices located in Marlin 39 A, Playas de Huanacaxtle, La Cruz de Huanacaxtle, municipality of Bahia de Banderas, Nayarit, México, 63734, telephone (52)-329-2955526.

Your request should be accompanied with the following:

• Name of title holder and address or other means of communicating our answer to your request.
• Documents ascertaining your identity, or in its case, the legal representation.
• Precise and clear description of the personal information in respect to which you seek to exercise any of the abovementioned rights.
• Any other element or document that facilitates the location of the personal information.

We shall have a maximum term of 45 days to respond to your petition and we will inform you of the outcome through conventional mail to the physical address or e-mail address that you have provided us with.

Transfer of personal information.

Except for the limited situations discussed in this Privacy Policy, we will not share your personal information with any third parties. We may sometimes use other businesses to perform certain services. In such instances, we may provide your personal information to those businesses but they are not permitted to retain or use your information for any other purpose.

As the Company develops, we may buy other businesses or their assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that the Company or all of its assets are acquired, customer information, including any visitor information collected through the Site or the Service, would be one of the transferred assets. In the cases of equal or similar nature as those explained in this paragraph, the Company shall procure to adopt the necessary measures so that the people who have access to your personal information comply with this Privacy Policy, as well as with the applicable law.

Aggregate Information
From time to time, we may collect general, non-personal, statistical information about the use of the Site and the Service, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they "click" on. The Company also collects and reports aggregate statistical information on the open rates and response rates generated by the email campaigns we send. We collect this information through the use of technologies such as "cookies" and "IP addresses", which are discussed in greater detail below. We collect this information in order to determine what types of advertisements are of interest to list members and to therefore enhance the Service. We may also group this information into aggregate visitor data in order to describe the use of the Site and Service to our existing or potential business partners or other third parties, or in response to a government request. However, please be assured that this aggregate data will in no way personally identify you, other list members or any other visitors to the Site.

IP Addresses
An IP address is a number that's automatically assigned to your computer whenever you're surfing the web. Web servers, the computers that "serve" web pages, automatically identify your computer by its IP address. Company collects IP addresses for purposes of system administration, to report aggregate information to third parties and to track the use of the Site. When visitors request pages from the Site or click on a link in a mailing sent through the Service, our servers log the visitors' IP addresses. We reserve the right to use IP addresses to identify a visitor or list member when it will enhance the user’s experience or if we feel it is necessary to enforce compliance with the Site's policies or to protect the Company, the Site, its visitors, the Service, the list members or others.

Cookies
Cookies are packets of information that websites transfer to an individual's hard drive for record-keeping purposes. Cookies make web-surfing easier for you by saving your preferences while you're at the Site. The use of cookies is an industry standard -- you'll find them at most websites. By showing how and when visitors use the Site, cookies help us see which areas are popular and which are not. Information such as the total number of visitors and pages viewed is most easily tracked with cookies; we may also obtain information related to your type of web browser and operating system, the Internet websites that you visit, the links that you follow, the IP Address and the last website visited before ours. We may use the information from cookies to make improvements and updates to the Site and to tailor our Services to our visitors' and list members' needs.

You always have the option of disabling cookies using your browser preferences. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, please be aware that some features of the Site will not function properly or may be slower if you refuse cookies.

Links to other sites
Please be aware that when you are on the Site, or when you receive an email message from us on behalf of a marketer through the Service, you could be directed to other sites that are beyond our control, such as the marketer's site. There may be links to other sites from the Site's pages or from the email message we send to you that take you outside our Site. These other sites may send their own cookies to visitors, collect data or solicit personal information. The privacy policies of these other sites may be significantly different from this Privacy Policy. We are not responsible for the privacy practices of these other sites and cannot guarantee the security of any of your personal information collected there.

Security
Protecting the security of your personal information is very important to us. When we store information that you have provided to us upon registering for the Service, that information is protected by security measures that include "firewalls" (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network), "intrusion detection systems" (a combination of computer hardware and software that helps detect any unauthorized visitors) and other tools such as data encryption and physical security, where appropriate. Unfortunately, no data transmission over the Internet or data repository can be guaranteed to be 100% secure. As a result, while Company strives to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information.

Privacy Policy for minors, or legally disabled or in process of interdiction.
We do not knowingly collect information from children on the Site or through the Service. If you are under the age of 18, or you are in a state of interdiction, please do not provide any personal information to us. If we become aware that we have collected personal information from a minor, a person who is legally disabled, or in the state of interdiction, we will make commercially reasonable efforts to delete such information from our database.

Changes to these terms and jurisdiction
The terms of this Privacy Policy may change from time to time. We will notify you of any material changes to this Privacy Policy by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made, that this Privacy Policy has been updated, and by changing the "Last Modified" date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of the Site and participation in the Service following the posting of changes to these terms will mean you accept those changes.

These terms are governed by Mexican law. Therefore, should users be in a country whose regulations limit access to websites with the characteristics of this website, they will not be authorized to access the contents of this one. The website owner and the user hereby expressly relinquish any competent venue which may be available to them and irrevocably submit to the Courts of Bucerías, Bahía de Banderas, Nayarit, México, for the purposes of any dispute arising out of these conditions or this website or the information presented herein.

 

Exercise of the “ARCO” Rights.
Effective January 6, 2012, You or your legal representative may request, at any time and when it is legally enforceable, the access, rectification, cancellation, or opposition in respect to the personal information provided, exercising this right through a request that shall be subject to the following:

• Name of title holder and address or other means of communicating our answer to your request.
• Documents ascertaining your identity, or in its case, the legal representation.
• Precise and clear description of the personal information respect to which you seek to exercise any of the abovementioned rights.
• Any other element or document that facilitates the location of the personal information.
• We will procure to respond to your request within a reasonable term not exceeding 45 days.


Such a request must be sent to the e-mail account This email address is being protected from spambots. You need JavaScript enabled to view it. or to our offices located in Marlin 39 A, Playas de Huanacaxtle, La Cruz de Huanacaxtle, municipality of Bahia de Banderas, Nayarit, México, 63734, telephone (52)-329-2955526.


Any request for delivery of the personal information shall be for free, and You shall only cover the reasonable and justified expenses of the shipping or reproduction in copies or other formats. Nevertheless, if you recall your request in a period of less than 12 twelve months, such request shall have a cost of three days of Minimum Wage Applicable in the Distrito Federal, Mexico unless that there are substantial changes in the Privacy Policy.

We also inform you that you have the right to initiate a Data Protection Procedure, at the Instituto Federal de Acceso a la Información y Protección de Datos(Federal Institute for Access to Information and Data Protection) www.ifai.gob.mx  within 15 days after receiving the Company’s response or upon expiration of the 45 days term that follows the filling date of your request.

DISCLAIMER.- This is a courtesy translation for English speaking clients. Should any controversy arise the Spanish version shall prevail.