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PRIVACY POLICY

CAVPOA, S. de R.L. de C.V. (“CAVPOA” “we” or “us”) is the company responsible for rendering lodging services at the Cabo Azul Resort & Spa located at Paseo Malecón s/n Lote 11 Fonatur, San José Del Cabo, BCS, Mexico CP 23400 (“Cabo Azul Resort”) and processing your personal data. Our company is committed to protecting your privacy. In addition to the provisions of the Mexican Federal Law on Protection of Personal Data held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares) its Regulation, and the official Privacy Notice Guidelines (collectively, the “Law”), we observe international practices in personal data handling and management.
Unless otherwise stated, this privacy policy applies specifically to the information that we process or collect from you through:

  1. Filling out forms, including the Guest Registration Card you sign upon check-in to which this privacy policy is an Exhibit and incorporated by reference.
  2.  Phone calls, Emails and text messages.
  3. Signing of timeshare contracts and documents related thereto with any of our Affiliates including without limitation DPM Acquisition Mexico, S. de R.L. de C.V.
  4. The www.caboazulresort.com website (this “Site”).
  5. Promotional events, emails and other potential media such as social networks, smartphone and mobile device applications, third-party websites related to CAVPOA, and our parent company Diamond Resorts Corporation (“Diamond”) and its subsidiaries and affiliates, face-to-face surveys at company events or third-party events, etc.
  6. Any other means of data processing resulting from your status as guest, customer, timeshare or vacation club owner or member, visitor, or user of This Site.

In collecting personal data, we observe all the principles provided by the Law including legality, quality, consent, information, purpose, loyalty, proportionality and responsibility. This privacy policy meets the requirements set forth by the Law.

You hereby agree that the processing of your personal data may be performed in accordance with the following Comprehensive privacy policy:

1. Identity and address.

CAVPOA, S. de R.L. de C.V. has an address at Paseo Malecón s/n Lote 11 Fonatur, San José Del Cabo, BCS. Mexico 23400. Telephone: +52(624)163-5100 or +1(407)226-1000; Email: mexicoprivacy@diamondresorts.com.

2. What are the main purposes for which we use your personal data?

The personal data that we collect from you is used for the following purposes, which are necessary given the services for which you have engaged us:

  1. For compliance with contractual obligations. When contacting you, we need to identify you and verify the products and services that we should provide to you.
  2. To notify you of changes in products and services.
  3. For identification, verification, and contact.
  4. To bill the services and products that you purchase from us.
  5. For collection purposes with respect to the services and products that you purchase from us.
  6. To identify you in any type of legal or business relationship with “CAVPOA” or its affiliates.
  7. To allow us to better service you in responding to your customer service requests.
  8. To quickly process your transactions.
  9. For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
  10.  As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from various authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.

3. For which secondary purposes do we use your personal data?

Additionally, we use your personal information for the following purposes, which are not necessary for the services requested, but which enable us to provide you with better service:

  1. To develop studies and programs for marketing, advertising, or commercial prospecting purposes.
  2. To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  3. To administer a contest, promotion, survey or other site feature.
  4. To ask for ratings and reviews of services or products.
  5. To follow up with you after correspondence (live chat, email or phone inquiries).
  6. To develop promotions and product improvements.
  7. To provide you with updates from us about discounted availability, special offers, new services and products which may be of interest to you and other noteworthy news items. This information may be provided by letter, e-mail, telephone or any other reasonable means of communication.

If you do not wish your personal data to be used for any (or all) of these secondary purposes, please indicate with an “X” to the left of each item. If the item is not marked with an “X”, the same shall constitute your consent for us to use your data for such secondary purposes.

Your lack of consent to use your personal data for these secondary purposes may not be a reason for us to deny you the services and products that you request or contract with us.

4. Which personal data do we use for these secondary purposes?

To fulfill the purposes described in this privacy policy, we and our affiliated companies may handle the following personal data:

Identification Data:

  •  Name
  • Nationality
  • Date and place of birth
  • Age and sex
  • Federal Taxpayer’s Registry Number (RFC) if you are a Mexican taxpayer
  • Social security number if you are a United States taxpayer
  • Handwritten signature
  • Copy of official ID (Passport, Driver’s License, or for Mexican citizens, Federal Electoral ID “IFE”)
  • Marital status

Contact information:

  • Home address
  • Work address
  • Home phone number
  • Cellular phone number
  • Work phone number
  • Email

Proprietary Data:

  •  Credit card number
  • Expiration date of credit card
  • Credit card Security code
  • Credit history and/or credit report
  • Income and Expenses

Other data:

  • Health conditions (if any)
  • Data of a relative in case of emergency
  • Vehicle identification data (license plates)

5. To whom do we transfer your personal information and for which purpose?

Your personal data may be transferred within Mexico and internationally to the following individuals, companies, organizations or authorities other than us:

5.1. Affiliates

Our affiliates include companies that are subsidiaries or affiliates of CAVPOA and/or Diamond. Your information may be shared with any of our affiliates.

5.2. Other Companies

Other than to Diamond and its affiliates, your information will not be made available to companies outside our group for marketing purposes without your consent, although it may be necessary, from time to time, to release information about you (including sensitive information such as a medical condition, disability or a dietary requirement) to external suppliers such as airlines/car hire companies, activities companies and tour operators to enable a comprehensive service to be provided to you and to process transaction information.

5.3 Specialized third party service providers

Your information may be shared with specialized third-party service providers in certain instances such as to exchange company with whom we work, Interval International in connection with your timeshare contract.

* If your desire is that we do not transfer your data to a hospital or medical service, it is likely that we may not be able to direct you properly in case of a health emergency.

6. Browser Data, Cookies and other Web Technologies

6.1. Cookies

Like many websites, This Site uses automatic data collection tools, such as cookies, to improve your user experience. Cookies are elements of data sent to your browser which can then be stored on your computer. We use cookies to:

  • Help remember and process the items in the shopping cart.
  • Understand and save your preferences for future visits.
  • Keep track of advertisements.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
  • Although you may disable cookies in your browser and still access and use this Site, disabling cookies may prevent you from taking advantage of certain features on This Site.

6.2. Google Analytics and Inspectlet

This Site uses Google Analytics (“GA”) and Inspectlet to collect data activity. GA may be used for Display Advertising. By using Ads Settings, visitors can opt-out of GA for Display Advertising and customize Google Display Network ads at the following link:

http://www.google.com/policies/technologies/ads/

This Site also uses Remarketing with GA to advertise online. Third-Party vendors, including Google, may show ads on websites across the internet. This Site and third-party vendors, including Google, use first-party cookies (such as the GA cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our Site; report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to this Site. Inspectlet tracks IP addresses, session lengths, and starting pages. Visitors can visit http://www.inspectlet.com/optout for opt-out options.

6.3. Foglight Transaction Recorder

Diamond uses Foglight Transaction Recorder technology and may record mouse clicks, mouse movements, page scrolling and any text keyed into website forms. Data collected by this recording system will be used to improve our Site usability and customer service. Foglight does not track your browsing habits across websites which do not use the Foglight service.

6.4. Do Not Track Requests

Some web browsers may let you enable a "Do Not Track" feature that sends signals to the website you visit, indicating you do not want your online activities to be tracked or engage in other types of data collection. These are segments of computer code that communicate with a website similarly to cookies. However, this is different than blocking or deleting cookies, as browsers with a “do not track” feature enabled may still accept cookies. This Site does not currently honor "Do Not Track" requests. If we do so in the future, we will describe how in this Privacy Policy.

7. How can you access, rectify or cancel your personal data or oppose or revoke your consent for the use of your personal data?

You are entitled to:

  •  Know which of your personal data we have in our possession, what we use them for, and the conditions of use for them (Right of Access).
  • It is also your right to request correction of your personal information if it is outdated, inaccurate or incomplete (Right of Rectification);
  • Have us eliminate your personal data from our records or databases (Right of Cancellation);
  • As well as to oppose the use of your personal data for specific purposes (Right of Opposition).

These rights are known as ARCO rights.

In addition to the above, you may revoke consent, if any, given to us for the handling of your personal data. Under certain limited circumstances, withdrawal of consent will involve (a) that CAVPOA may not be able to continue to provide the service you requested, or (b) the termination of your business relationship with us.

Please also note that in certain limited cases, we will not be able to meet your ARCO rights or Right of Withdrawal (exceptional cases) since it is possible that we might need to continue to handle your personal data to comply with a legal obligation. If this were the case, we will proceed to block such data for the term the law requires us to keep them, until final removal is appropriate.

7.1. Means to submit and procedure for exercising ARCO rights or to revoke consent.

ARCO rights may be exercised and consent for the use of your personal data may be revoked by delivering a signed written request to CAVPOA either in person at the Cabo Azul Resort, by sending the request specialized mail or courier service confirm receipt requested or by emailing your request to the following Email address, which will be effective upon confirmation of receipt: mexicoprivacy@diamondresorts.com.

The request should be submitted together with a copy of your official ID, and in the event you are represented by a third party, the power of attorney and copy of the Official ID of your representative, along with the information and documents provided for pursuant to Article 29 and related provisions of the Law.

We will reply to your application no later than twenty days from the receipt of the complete information. Or, where applicable, within the maximum term provided for by the Federal Law for the Protection of Personal Data Held by Private Entities.

Means by which we communicate the reply to your request. It will depend on the means you have designated for us to communicate the response. It may be email, or in writing via certified mail to the address that is indicated for such purposes.

Means through which personal data may be reproduced if so requested: By issuing non-certified copies, or using certified mail and attaching electronic files that apply to personal information.

The contact information of the persons responsible for processing personal data and ARCO rights requests, and answering any questions you may have is the following:

Limitation on the use or disclosure of your personal information. Since we process personal data for secondary purposes, we use as mechanisms the Public Registry of Consumers provided for in the Federal Law for Consumer Protection.

Additionally, if you wish to limit the use and disclosure of your personal information, please do communicate so in writing via email to: mexicoprivacy@diamondresorts.com, indicating the following:

  • Your name, (b) telephone number, (c) email, and
  • Your desire not to be contacted by telephone and/or email, as well as to be incorporated to the exclusion list of “CAVPOA”.

8. Changes to the privacy policy.

This privacy policy may be subject to modifications, changes, or updates resulting from new legal requirements, our own needs, our internal data privacy practices, policies and procedures, changes to our business model, or due to other causes.

We commit to keep you informed regarding the changes or updates made to this privacy policy, which can be found at www.caboazulresort.com or at the front desk of the Cabo Azul Resort.

9. Controversies, jurisdiction, and applicable law.

Should a dispute arise related to this privacy policy, the parties shall try to settle it first by means of negotiations in good faith, having the possibility to be assisted by a professional mediator. If after a maximum of 30 days of negotiation the parties fail to reach an agreement, the dispute shall be governed by the Law and the parties shall accept any intervention made by the National Institute of Transparency, Access to Information and Personal Data Protection.
By accepting this privacy policy, you waive any other jurisdiction and legislation that may otherwise correspond. This privacy policy is governed by Mexican laws, and any controversy shall be settled before the relevant Mexican authorities.

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