This document is the Privacy Notice for the purposes of the Federal Law on Protection of Personal Data Held by Individuals (“LFPDP” according to its acronym in Spanish) as well as any provisions arising from or relating to said Law. This Privacy Notice applies to the personal information on the Data Subject collected by MELODY MAKER, SA de CV in its capacity as Data Controller.
For the purposes of this Privacy Notice, the terms not referred to herein shall have the meaning given to them in the Federal Law on Protection of Personal Data Held by Individuals (LFPDP). The purpose of this Privacy Notice is to define the terms and conditions through which MELODY MAKER (or the Data Processor appointed by MELODY MAKER) will receive and protect the Personal Data of the Data Subject for the purposes of protecting the data privacy; will use the Personal Data of the Data Subject and/or will transfer the Personal Data to third parties.
I.-DATA SUBJECT’S CONSENT
In accordance with the provisions of the LFPDP and, in particular, of Section 17, the Data Subject states that:
1.-He/She has been informed by the Data Controller of this Privacy Notice, and therefore consents to the processing of his/her Personal Data pursuant to the provisions of the LFPDP and the governing law.
2.-If the collected Personal Data include sensitive or financial Personal Data provided in both paper and electronic formats, these acts constitute his/her express consent as the data subject pursuant to the second paragraph of Section 8 of the LFPDP and other applicable laws.
3.-He/she authorises MELODY MAKER or its Data Processors to transfer his/her Personal Data to national or foreign third parties, provided that the processing of such data by third parties complies with the provisions of this Privacy Notice.
4.-Provided that the Data Subject does not object to the terms and conditions of the Privacy Notice, the contents of this Privacy Notice will be considered as agreed and accepted, the Data Subject being entitled to revoke his/her consent at any time.
Notwithstanding any provision of this Privacy Notice, the Data Subject acknowledges that his/her consent will not be required to process the Personal Data by the Data Controller or third parties in those cases as indicated in Section 10 of the LFPDP.
II.- COLLECTION OF PERSONAL DATA.
The collection of Personal Data may be carried out through communication by phone with the Data Controller or its Data Processors, employees as well as through direct delivery to the Data Controller or through the use of emails and/or short text messages, or by using its websites, through the use of automatic data collection tools. Said tools allow to obtain the information that web browsers send to such websites, such as the type of web browser used, the user language, and the IP address of the websites used to access the websites of the Data Controller or Data Processors.
The following are examples, among others, of information that may be collected by the Data Controller: name and surname, date of birth; address, whether home address, business address or fiscal address; email address, both personal and work emails; ID in social networks; telephone number, both personal and work telephone numbers; cell phone number; bank accounts numbers; Federal Taxpayer Registry code.
III.- INTENDED USE OF THE PERSONAL DATA.
The Personal Data of the Data Subject are collected and processed by the Data Controller or its Data Processors for the purposes of allowing the Data Subject to carry out the following activities with the Data Controller:
1) To order, purchase, exchange or cancel products offered by MELODY MAKER;
2) To request, contract, change or cancel services offered by MELODY MAKER;
3) To make online payments;
4) To request invoice or digital tax receipt;
5) To request a quote on products or services;
6) To contact the Customer Service;
7) To participate in surveys;
8) To use the various services of its relevant Websites including the download of contents and formats;
9) To share his/her comments or suggestions on products and services;
10) To process payments, and
11) Any other activity similar in nature to those described in the subparagraphs above.
Likewise, the Data Controller, directly or through its Data Processors, may use the Personal Data for the purposes of:
A) Conducting studies about interests and behaviour of its customers, consumers, providers and of any third parties with which it deals;
B) Conducting market and consumer studies in order to acquire and offer personalised products and services, as well as advertising and contents more in line with the demands of its customers, consumers, providers and any third parties with which it deals;
C) Preparing internal statistics that determine the services and products most valued by the different customer, consumer and provider segments.
D) Formalizing the transactional process with its customers, consumers, providers and any third parties with which it deals;
E) Managing the process of request, evaluation and procurement of providers and any third parties with which it deals;
F) Where appropriate, verifying the creditworthiness of the Data Subject, through credit information companies in accordance with the Law regulating Credit Information Companies.
G) Checking the commercial transactions carried out by the Data Subject with the Data Controller.
IV. DATA COLLECTION WHEN VISITNG WEBSITES AND WEB PAGES OF MELODY MAKER.
The automatic data collection tools used by MELODY MAKER in its websites and web pages include cookies, Web beacons and links in emails.
Links in emails of MELODY MAKER.- The emails include links that let MELODY MAKER know whether you clicked on such link and visited the target web page, such information being included in your profile. If you do not wish that MELODY MAKER collects information on your interaction with such links, you can modify the communication format of MELODY MAKER (for instance, to receive the message in text format instead of HTML format) or ignore the link and not access the contents.
V. DATA TRANSFERS.
The Data Subject, after reading, understanding and agreeing the terms and conditions included in this Privacy Notice, hereby gives his/her consent so that the Personal Data can be transferred by the Data Controller or any Data Processor to national or foreign third parties, provided that the processing of the Personal Data of the Data Subject by such third parties complies with the provisions of this Privacy Notice.
VI. LIMITATION ON THE USE AND DISCLOSURE OF THE INFORMATION.
The Data Controller and/or its Data Processors will retain the Personal Data of the Data Subject for the period necessary to process the requests for information, products and/or services, as well as to maintain accounting, financial and audit records according to the LFPDP and the commercial, fiscal and administrative laws in force. Likewise, they will control the disclosure of such data or information of commercial partners.
The Personal Data of the Data Subject collected by the Data Controller and/or its Data Processors will be protected by administrative, technical and physical safeguards against damages, loss, alteration, destruction or unauthorized use, access or processing, according to the provisions of the LFPDP and the administrative regulations arising therefrom. Notwithstanding the foregoing, MELODY MAKER does not guarantee that unauthorized third parties may access the hardware or software systems of the Data Subjects or the Data Controller or the electronic documents and files stored in their systems. Therefore, MELODY MAKER will in no event be liable for any damages derived from such unauthorized access.
VII. DEPARTMENT OF PERSONAL DATA; ADDRESS.
For notices regarding our Privacy Notice, please contact our Department of Personal Data:
Boulevard Kukulcan, Sección AI, Lote 17, N.1 B, Zona Hotelera, Municipio Benito Juárez, Cancun, Quintana Roo, C.P. 77500.
In accordance with the provisions of paragraph I of Section 16 of the LFPDP, the address of the Data Controller is that set out in Section VII of this Privacy Notice.
VIII. PROCEDURE FOR EXERCISING THE RIGHTS AS DATA SUBJECT OF THE PERSONAL DATA
At any time, you have the right to access, rectify and cancel your personal data as well as to object to the processing of such personal data and revoke the consent given to us for such purpose by submitting a request with the following information and documents:
1. Name of the Data Subject, address, telephone and email address.
2. Documents evidencing your identity (simple copy in hardcopy or in electronic format of your official ID) or, where appropriate, simple copy in hardcopy or in electronic format of the letter of attorney signed by the Data Subject, the representative and their corresponding IDs.
3. Clear and precise description of the Personal Data in respect of which you want to exercise the Rights.
4. Any other element or document facilitating the localization of the Persona Data of the Data Subject.
The Data Controller or its Data Processors will get back to the relevant Data Subject at the latest within twenty business days following the date on which they receive the request. The deadlines abovementioned may be extended only according to the LFPDP.
For Personal Data cancellation requests, in addition to the provisions of this Privacy Notice, the provisions of Article 26 of the LFPDP shall apply, including the exceptions for cancellation of Personal Data contained therein. The submission of a request of objection to the use of the Personal Data by the Data Subject thereof, will empower the Data Controller to object to the use of the Personal Data which as Data Subject it has delivered to the objecting party.
IX. CHANGES TO THE PRIVACY NOTICE.
MELODY MAKER reserves the right to periodically update this Privacy Notice in order to reflect any changes in our information practices. The Data Subject shall be responsible for regularly reviewing the contents of the Privacy Notice at www.melodymakercancun.com, where any changes made together with the date of the last update will be published. The Data Controller understands that, unless otherwise stated, the Data Subject has read, acknowledged and agreed the terms and conditions herein contained, giving his/her consent to the changes and/or updates regarding the processing of his/her Personal Data.