PRIVACY NOTICE ATTACHED TO CONTRACT TO RENDER REAL ESTATE SERVICES WITH RIGHTS OF EXCLUSIVITY
In accordance to the provisions of the Federal Law on Protection of Personal Data in Possession of Private Parties hereinafter referred to as “the Law”, this Privacy Notice is issued under the following terms:
RESPONSIBLE OF PERSONAL DATA
For purposes of this Privacy Notice APPLEGATE REALTORS (hereinafter “The Agency“) with address at Km. 1.5 No. 878 de la Carretera a Mismaloya, Fraccionamiento Conchas Chinas, Puerto Vallarta, Jalisco, CP. 48399is the Responsible for the collection, disclosure, storage, use, handling, transfer and/or disposal of personal data (hereinafter the “Responsible“) collected from the owners, prospects and/or customers (hereinafter the “Principal(s) “).
PERSONAL DATA COLLECTED
The personal data collected from the Principal(s) by the Responsible are but not limited to the following: name, address for notices, email, nationality, telephone number, occupation, name of spouse, RFC, a copy of the title public deed, public deed of power of attorney, names of attorneys, names and address of the beneficiaries.
Your personal data is collected through the information requested in the Real Estate Services with Exclusivity Rights Contract presented to the regional real estate market VALLARTA-NAYARIT MLS with the purpose of promoting the sale of a property or business. The real estate multiple listing system VALLARTA-NAYARIT MLS does not distribute or uses personal data except to verify that the Principal(s) is the owner of the property or has the faculties for the commercialization and transfer of title. Data transmitted to the real estate multiple listing system VALLARTA-NAYARIT MLS are:
a) Scanned copy of the fully executed Real Estate Services with Exclusivity Rights Contract.
b) Address of the property or business to promote.
c) Dimensions and internal division (area of land, built-up area)
d) Features (house, apartment, business opportunity, condo)
e) Copy of the first page of the public deed with the Principal(s) data in such deed, a copy of the page with the legal description of the property or business statutes and registration information in the public record of such public deed.
f) Copy of property tax bill.
In case of a consummated sale of a property under promotion, the Responsible may disclose the personal data to a notary public and/or escrow company in order to carry out the transfer of ownership, when it occurs. The Law recorded selling price will be used for statistical purposes.
The Responsible, as policy, does not request any information defined under the Law as sensitive information such as religious, political or sexual preferences. In case you provide sensitive information the Responsible will treat and safeguard in terms of the Law.
PURPOSES OF THE DATA PERSONAL PROCESSING
The data collected are intended to (i) promote the sale of property among the active members of the associations AMPI RIVIERA NAYARITA, AMPI VALLARTA Y AMPI COMPOSTELA (from here on “AMPI”) (ii) in case any interested party requests to acquire the property of the Principal(s), the Responsible will provide specific data to another real estate agent of his/her own real estate agency as well as other real estate agencies for the purpose of generating a sale and purchase agreement, such as number of public deed, date of deed, name(s) of the public deed holders, address for notices, legal description of the property, public record data (iii) the Responsible will also provide a notary public the property and the Principal(s) information for the purchase and sale agreement to be formalized in a transfer of domain public deed (iv) the purchase and sale price, the size and the general area where the property is located will be used for statistical purposes only, (v) to request information from the public records of property and commerce office to validate the information provided about the property, (vi) to contact the Principal(s) either via email or telephone and inform about the process of uploading the property information on to the regional real estate multiple listing system VALLARTA – NAYARIT MLS and if the case applies, (vii) to provide and request information to and from the notary public to carry out the process of the deed, (viii) to provide and request information of any fiduciary institution and/or custodian.
Furthermore, the personal data may also be used to meet legal requirements from the respective authorities.
AMPI is not responsible for the veracity and accuracy of the data provided by the Principal(s), neither verified it; the information is received, recorded and preserved. You further declare and confirm that you have the consent of those people of which also provide personal information, such as spouse, concubine, economic dependents, relatives, professional references, among others.
It should be noted that under the Law there are cases in which consent is not required for the processing of your personal data, and therefore the lack of it or your negative to provide it, does not prevent or will prevent the Responsible to treat it (personal data) in terms of the Law and other regulations that may apply.
OPTIONS AND MEDIA THE RESPONSIBLE OFFERS TO PRINCIPAL(S) TO LIMIT THE USE OR DISCLOSURE OF PERSONAL DATA.
Personal data of the Principal(s) will be treated with the strictest confidentiality, assuming the administrative, physical and technical security measures the Responsible implements in its policies and internal security procedures, preventing the possible illegal disclosure of data and limiting its use to the established in this Privacy Notice.
You may stop receiving promotional messages by phone or cell phone following the steps outlined for the exercise of ARCO rights.
You can also stop receiving mail and e-mail advertising following the steps outlined for the exercise of ARCO rights.
MEDIA TO EXERCISE THE PRINCIPAL(S) RIGHTS (ARCO RIGHTS)
At any time you, or your legal representative duly authorized, may exercise the right to Access the provided personal data and the details of the treatment of such, also have the right to Rectify when feeling they are incorrect, inaccurate or incomplete. Cancellation, if deemed necessary, it is required for any of the purposes outlined in this privacy notice, it is not being used for purposes consented, not treated properly or has completed the service relation, and Opposition if you do not want your data to be processed for specific purposes. The exercise of one of those rights will not prevent the exercise of the other and neither is presupposition for another.
To exercise your ARCO rights, you must submit your request to our data protection department, addressed to the Manager of the Data Department, in any of the following ways:
(i) By courier or certified mail to our address located at Km. 1.5 No. 878 de la Carretera a Mismaloya, Fraccionamiento Conchas Chinas, Puerto Vallarta, Jalisco, CP. 48399
(ii) To the following email: [email protected].
The request must contain the following information: (i) Name of the Principal(s), (ii) address and email address to notify the answer of the request, (iii) a clear and precise description of the data on which it pursues to exercise the corresponding right, (iv) the purpose of the request, (v) any element that facilitates the location of the data, and must attach a copy of your ID, and if applicable, the document through which legal representation is proved.
The response time of your request is 20 working days from the day of receipt of the corresponding request for access, rectification, cancellation and opposition. The answer will be communicated within the above time to the email address provided on your application or sending a letter to the address provided herein. Upon receipt of such notice you will have 15 working days to make it effective if it proceeds.
Your personal data may be transferred to and processed in and outside the country, in terms of Section VII of Article 37 of the Law, as well as by persons different from the company, either domestic or foreign, such as trust companies and/or depository if necessary, for the fulfillment of obligations by reason of the business relationship with the Responsible. In that sense, your information may be shared with Public Notaries, banking institutions, fiduciary, depositary in order to carry out the transfer of ownership by the purchase and sale of the property on sale.
It is important to know, that any third party, due to transfers made by APPLEGATE REALTORS, receives your personal data has the same obligations and responsibilities that we have as responsible for your data, and this Privacy Notice will be communicated by that third party.
If you have no objections for your personal data being transferred, it will be understood that you have given your consent.
I do not consent to my sensitive data to be transferred in the terms set out in this privacy notice.
You can always revoke the consent granted to us for the treatment of your personal data, in a way that we stop making use of it. For this you shall submit a request in the above terms for the exercise of ARCO rights. The procedure to follow is the same as the provided for the exercise of ARCO rights. In case your request is appropriate your data will stop being treated by APPLEGATE REALTORS.
CHANGES TO NOTICE OF PRIVACY
We reserve the right to make changes or updates to this Privacy Notice at any time in order to meet new legislation and internal policy changes of APPLEGATE REALTORS. These changes shall be available to the public through the following means:
1. Internal Memorandum.
2. Through the last E-mail provided, we personally send you.
3. And by advertising on a visible place in the offices of the Responsible.
If they come to modify the purposes for which personal data are treated, if necessary it will be requested again your consent express or tacit in each particular case.
CONSENT OF THE PRINCIPAL(S)
The Principal(s) states that (i) this notice has been delivered by the Responsible and (ii) has read, understood and agreed to the terms set forth in this Notice, therefore, the Principal(s) consents to the processing of the Personal Data.