PRIVACY NOTICE

COMPREHENSIVE


I. RESPONSIBLE FOR THE PROTECTION OF YOUR PERSONAL DATA

Controladora Dolphin, S.A. de C.V., (Dolphin Discovery®), hereinafter "Controladora Dolphin", llocated in Calle Banco Chinchorro, Manzana 1, Lote 8, Supermanzana 13, C.P. 77504, Cancun, Quintana Roo, is responsible for the processing of your personal data in terms of what is established by the articles 2° and 3° section XIV of the Federal Law for the Protection of Data in Possession of Private Companies or Individuals (47 of its regulations) by the provisions contained in the articles 1°, 3° and 5° of the Regulations (UE) 2016/679 of the European Parliament and the Board ( General Data Protection Regulations).

II. PURPOSE OF PROCESSING YOUR PERONAL DATA

Controladora Dolphin, ensures the strictest confidentiality when recollecting and processing your personal data. Such data will be process according to the established in the LFPDPPP.

According to what is stated in the articles 15 and 16 of the LFPDPPP,and the articles 26, 27, and 28 of the law Regulations, we inform you that the general personal data, financial, proprietary, and/or sensible that is collected (according to the product or service requested) personally ( in our registration formats in the Check in area and/or Guest Service of each location), directly by phone, email, web applications, social media, mobile apps, and CCTv.), and indirectly (through our affiliate agencies), will be used for the following essential purposes:

  • Provide and hire the products and services of interactive swims with dolphins or marine mammals, and sport activities offered by Controladora Dolphin through the programs: DOLPHIN ROYAL SWIM, DOLPHIN SWIM ADVENTURE, DOLPHIN ENCOUNTER, DOLPHIN ENCOUNTER PREGNANCY, SPEEDBOAT, JUNGLE TOUR, SAILING QUEST, AND COLUMBUS; in our different locations: Dolphin Discovery Isla Mujeres, Parque Garrafón, Dolphin Discovery Puerto Aventuras, Aquaventuras Park Vallarta, Dolphin Maroma, Dolphin Dreams Puerto Aventuras, Dolphin Sirenis, Dolphin Discovery Cozumel, Dolphin Discovery Costa Maya, Marina Aquatours, Dolphin Discovery Puerto Los Cabos, Dolphin Center, Dolphin Discovery Punta Cana, Dolphin Discovery Cayman, Dolphin Cove Cayman, Dolphin Discovery St. Kitts, Dolphin Cove Ocho Rios Jamaica, Dolphin Cove Montego Bay Jamaica, Dolphin Discovery Moon Palace Jamaica, Yaaman Park Jamaica, Zoomarine Italy, Gulf World Marine Park USA, The Dolphin Connection USA, Dolphin Cove Puerto Seco, Dolphin Discovery Anguilla, Dolphin Discovery Tortola;
  • Provide attention to the guests to make the reservations of our products and services through different channels: web page, email, chat live, telephone, and/or locally.
  • Register their visit in the Check-in area of any of our locations.
  • Let them know about the promotions, discounts, and offers in our products and services by email.
  • Sell products in the locations, such as photos of their activities during their visit and/or souvenirs.
  • Check their reservations.
  • Charge for the products sold online (Dolphin programs, photo memories, etc.), charged to the credit or debit card through the bank payments processor or through redirection to PayPal.
  • Provide by email the link to download your photos.
  • Send information about the changes in the services
  • Make evaluations and surveys about the products and services offered for statistical purposes.
  • Take pictures and/or video grams of our guests (including celebrities) to share them in our web page, social media, BlueWall and/or other printed media.
  • Confirm and correct the information that we have about you to guarantee the best quality of our services.
  • Manage the delivery of your Photo book (in case it was bought), in your hotel or address via mail.
  • Provide attention to our guests that request electronic billing.
  • Process the payment for the suppliers for providing their services or products.
  • Monitor the images captured through the CCTv to guarantee the safety of our visitors, guests, and employees, as well as our equipment in the premises and habitats of Controladora Dolphin.
  • Execute commercial commission contracts with affiliate members.
  • Generate incident and/or accident reports in our parks and habitats.
  • Manage the transportation of our guests to the different locations.
  • Manage the rent of spaces for individual shipments.
  • Handle complaints from the guests for non-recognized charges made to their credit or debit card.
  • Send to your address a forgotten object in our locations.
  • Allow the access to media reporters or producers to our locations to make interviews, footages, photo sessions, documentaries, or familiarization visits.
  • Organize the logistics for group events and/or weddings.
  • Give attention to complaints from guests in the area of Guest Service of each location or a follow up before the PROFECO (Office of the Federal Prosecutor for the Consumer for its acronym in Spanish).
  • Send notifications about your case and the changes made in the present Privacy Notice.

III. CONSENT TO PROCESS FINANCIAL AND SENSIBLE DATA

In compliance with what is stated in the articles 8° and 9° of the LFPDPPP, 15 and 16 of the law Regulations, Controladora Dolphin informs you that in order to collect and process your personal financial, proprietary, and sensible data, in the terms stated in this Privacy Notice, it is important to have your express consent, for which at the moment of collecting this type of information, we will request your authorization through a specific format.

IV. PERSONAL DATA TRANSFER

Controladora Dolphin transfers information to the companies to which it has a legal relationship and maintains compliance agreements, for example: with Webhosting suppliers, in order to maintain, update, and manage the web sites; with transportation agencies to take our guests to their locations. To carry out this transfer it will not be necessary to have the consent of the holder of the data, as set forth under the article 37, section VII of the LFPDPPP.

Likewise, depending on the legal relationship between you and Controladora Dolphin, your data will be shared with third parties out of our company. In such cases, at the moment of collecting the data, you will be informed about the purposes of this transmission and your consent will be requested to carry it out. Such transfers will be done in compliance with the established in the article 36 of the LFPDPPP, as well as the articles 72 and 73 of the RLFPDPPP.

Except for the cases abovementioned and unless that one of the items in article 37 of the RLFPDPPP is updated, the personal data provided by our guests and/or employees will not be shared to third parties under no circumstances.

V. USE OF IMAGES

To document and communicate information about the interactive programs with the dolphins or the marine mammals, as well as the sport activities carried out in our different locations and habitats, Controladora Dolphin will be able to use, print, reproduce, and publish the photos of the guests and employees in printed media (magazines, calendars, two and three fold brochures, BlueWall, etc.), and electronic (Blogs, social media, newsletter, web site, etc.) and/or any other media in all of its forms, interpretations, or executions, editions, phonograms or video-grams, and other issues for the purpose abovementioned.

Besides these cases, Controladora Dolphin, will not reveal any image about the activities and/or programs developed and neither will use them commercially without your authorization.

VI. ONLINE PRIVACY POLICY

The information regarding the use of the web site https://www.dolphindiscovery.com.mx/; is described next. You must check regularly this Privacy Policy since it can change at any moment if the managers decide it. The safety and confidentiality of the users that provide their information when hiring a service or buying a product online will be protected by a safe server under the protocol Secure Socket Layer (SSL), so the data sent will be encrypted to ensure that is safe. Also, we have a backup of the computer programs such as Hacker Safe y Thawte.

Example: htttps://. Likewise, when you enter the web site of Controladora Dolphin, we will register your internet address (this address is temporary and it is assigned by your internet services supplier when you get online), the type of operative system and the web browser that you use. Additionally we can track the parts of the web site that you are visiting. The information that we obtain is used to help us create a better experience for the users of our web site; all this process is done without us knowing your name or any other information that allow us to identify it. While you are visiting the web site of Controladora Dolphin you are anonymous unless you decide to expressly identify yourself with us.

Controladora Dolphin, does not need you to provide your personal data to use the web site, in case this is necessary, you will be explained about it expressly. Some apps may need you to reveal some personal data, our contact formats may ask you to enter your email address and general data to register and provide attention to your comments or suggestions, to quote a program, make clarifications, and contact you to give attention to your information application. Within the applications in the web site, no financial, proprietary and/or sensible information will be requested, therefore, the revelation of this information is responsibility of the user, without prejudice of the foregoing, in case that you give us information of one of these categories voluntarily, Controladora Dolphin ensures the strictest confidentiality when handling it.

VII. COOKIES POLICY

The cookies are a brief information that the website sends to your computer through the browser, which is stored in the hard disk of your computer and it is used to determine your preferences when visiting a web site as well as to track certain behaviors or activities carried out by you in their web pages. In some sections of our site we require that the client enables the coolies since some of the functions need them to work.

The cookies allow us to:

  • Recognize you at the moment of entering out sites and offer you a personalized experience.
  • Get to know the personal setting of the site specified by you, for example, the cookies let us detect the bandwidth that you have selected when entering the home page of our sites, so we know what type of information is convenient to download.
  • Calculate the size of our audience and measure some traffic parameters, since each browser that requests access to our sites gets a cookie that is used to determine the use frequency and the sections that were visited, reflecting your habits and preferences, information that is useful to improve the content, the headlines, and the promotions for the users.

The cookies also help us to track some activities, for example, some of the surveys that we launch online, we can use the cookies to detect if the user has already filled our survey and avoid to display it again. On the other side, the cookies will let you take advantage of the benefits that we offer, therefore, we recommend you to leave them activated. The use of cookies will not be used to identify the users, except for the cases in which fraud activities are being investigated when the law determines it. In the case of using cookies, the button "help" that is located in the tool bar of most browsers will let you know how avoid accepting new cookies, will show you how to receive notifications when getting a new cookie or how to disable cookies. Most of the cookies expire after a period of time, or you can erase them when you wish.

VIII. EXERCISE OF YOUR ACCESS RIGHTS, RECTIFICATION, AND OBJECTION, OR REVOCATION OF THE CONSENT.

In accordance to what is stated in the LFPDPPP, you will be able to request the access, rectification, cancellation (in case it proceeds legally) or object to the use of the personal data that you have provided to Controladora Dolphin, or revoke your consent. Your application will be handled by our Privacy Office, through the following email address: privacidad@dolphindiscovery.com.

To exercise your access rights, rectification, cancellation, or objection, as well to revoke your consent, you will have to follow this procedure:

  • Send an email to the email address: privacidad@dolphindiscovery.com; with your complete name, legal or commercial relationship with Controladora Dolphin, (if you are an affiliate member, guest, visitor, etc.) and the type of right that you wish to apply.
  • Fill out the ARCO rights application that will be sent to you, identifying the data regarding which you need the access to, rectification, cancellation, or objection to which you wish to revoke your consent, adding some of the ID documents stated in the application to validate your identity or the personality with which you do the application.
  • Once the application is completed, it will have to be sent to the abovementioned email address in which you will attach those documents that are relevant to such application .For the rectification applications, it is necessary to say exactly what will be the modification, attaching the documents that justify the origin of such application.
  • When your application is received, you will get an acknowledgment of receipt with the file number and the corresponding date of reception. In case that it does not comply with the legal requirements, within the following five business days after the reception, you will be required to rectify your application in a time frame of ten days. Failure to do so, the application will not be presented.
  • In case the application was sent on a Saturday, Sunday, or non-working day, it can be received on the next business day.
  • The application will be answered by email within twenty business days from the acknowledgment of receipt. This time frame can be extended or twenty additional days when there is justification. This situation will be notified according to what is established in the article 97 of the RLFPDPPP.
  • In case your application is in accordance with the LFPDPPP and all the current regulations, the access will be granted, your data will be rectified or cancelled, your right to exercise the objection, or the consent will be revoked within the first following fifteen days until getting an answer to your application. This time frame can be extended for fifteen additional days when justified. This situation will be notified according to the established in article 97 of the RLFPDPPP.

In the cases when your application is appropriate in terms of the stated in articles 32, 33, 34, and 35 of the LFPDPPP, the delivery of the personal data will be at no cost through the email address that the holder gives for such purposes; in case that you need the information delivered in a different way, you will have to cover the justified expenses and/or the cost for the copies or other generated formats.

IX. BEFORE WHO CAN YOU PRESENT YOUR COMPLAINTS AND ALLEGATIONS FOR THE IMPROPER USE OF YOUR PERSONAL DATA?

If you consider that your right of personal data has been breached by any behavior, act, or response to your requests or you think that there is a breach in the processing of your personal data according to the abovementioned articles in the Federal Law of Personal Data Protection in Possession of Private Companies or Individuals, you will be able to lodge a complaint or an allegation before the National Institute of Transparency, Access to the information, and Personal Data Protection (INAI for its acronym in Spanish), for more information visit: www.inai.org.mx.

X. CONTACT THE PRIVACY OFFICE

If you have any doubt about the content, interpretation, or reach of our privacy notice, or if you need more information regarding the processing of your information, you can contact our Privacy Office by email to the following address: privacidad@dolphindiscovery.com.

XI. CHANGES IN THE PRIVACY NOTICE

This privacy notice will be effective from the last updating date and can be modified by the person responsible in terms of the current law regulations. Any other change will be informed through the publication of the new Privacy Notice through the website:www.dolphindiscovery.com.mx.

Last updating: November 22nd, 2018.

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