1. Identity and address of the Controller
LVRPM de México, S.A.P.I. de C.V. s. de R.L. de C.V. with address at Calle Tintoreto No. 43, Interior 3a, Colonia Santa María Nonoalco, Benito Juárez, C.P. 03700, Mexico City, (hereinafter "Naya Homes") in its capacity as responsible for the processing of personal data ("Controller"), makes available to you, as Data Subject, this Privacy Notice in compliance with the provisions of the Federal Law of Personal Data in Possession of Individuals, its Regulations and the Guidelines of the Privacy Notice.
Personal Data
Naya Homes, in its capacity as Controller, may collect one or more of the following Personal Data:
a. Personal Data: name, home address, date of birth, age, nationality, CURP, RFC, telephone number, landline or mobile, email, copy of official identification and copy of proof of address.
b. Financial or Property Data. Bank account and credit card information, securities and real estate information, and any financial information that is necessary to fulfill the processing purposes set forth in this Privacy Notice.
3. Primary Purposes of Data Processing
a. Users/Customers
In the case of users or natural person customers of the services offered by Naya Homes, including property management services for the benefit of users and customers, their personal data may be used for the provision of management services offered by Naya Homes or to stay or use the properties determined by Naya Homes, to purchase Naya Homes products and hire any service provided by Naya Homes, as well as to be shared with third parties that sell products or provide services related to the above. The information will be used for: (i) the identification and verification of the identity of the users or clients, (ii) send information on the use of real estate, lodging, acquisition of products and/or contracting of the services offered, (iii) deliver information on products and services, (iv) show advertising and announcements related to the services and products offered by Naya Homes, (v) attend to doubts, complaints and suggestions or any procedure related to the provision of services by Naya Homes, (vi) process payments from users or clients, as consideration for the services rendered and/or to acquire additional products and services, (vii) invoice payments by any means, (viii) communicate to the user the reception of offers through its account, (ix) make online payments authorized to Naya Homes by telephone or by any other means and (x) request, contract, change or cancel services offered by Naya Homes or by third parties.
b. Landowners
In the case of owners or holders of properties with which Naya Homes intends to or has entered into a management contract, their personal data may be used for all purposes related to the provision of services of Naya Homes, including but not limited to: (i) performing audits on the properties , (ii) the elaboration of a real estate catalog within a technology platform by means of a mobile application or through any other type, for the provision of services to users, (iii) reproducing photographs, videos, plans, diagrams, sketches, renderings and any material of the properties, (iv) advertising and/or offering through any means the properties for rent or use, and (v) complying with regulatory obligations in charge of Naya Homes, including any obligation for the prevention of money laundering activities and financing of terrorism.
4. Secondary Purposes of Data Processing
We inform you that your Personal Data may be used for purposes that are not necessary for the provision of services, or have not given rise to the legal relationship of the Controller, such as: (i) offering promotions and events, (ii) conducting market research and analysis to know the consumption preferences of our current or potential customers and to generate statistical reports, (iii) knowing the consumption patterns or trends in the consumer segment of our products, (iv) receiving printed advertising or through electronic media, including communications for online marketing or telemarketing purposes about products and services, and (v) participating in surveys.
In case the Data Subject does not want his/her Personal Data to be used for the Secondary Purposes described above, he/she may communicate it through the following email: [email protected]
5. Sensitive Personal Data
The Controller does not collect or process Sensitive Personal Data in the ordinary course of its business. In the event that Sensitive Personal Data is collected and processed, such data will be collected, maintained and processed with strict security and confidentiality for the purposes related to the provision of services in accordance with this Privacy Notice and in compliance with the provisions of the Federal Law of Personal Data in Possession of Individuals.
6. Transfer of Personal Data
Having read, understood and agreed to the terms set forth in this Privacy Notice, the Data Subject hereby gives his or her consent for the Controller or any Responsible Party to transfer Personal Data to any third party, whether domestic or foreign, with the understanding that the treatment that such third parties give to the Personal Data of the Data Subject shall comply with the provisions of this Privacy Notice and shall be used for the primary and secondary purposes set forth in Sections 3 and 4 of this Privacy Notice.
For purposes of the provisions of this Section 6, the Controller informs the Data Subject that in order to be able to deliver products, services and solutions to its clients, consumers, employees, suppliers and other users of its services, the Controller and/or its Agents have entered or will enter into various commercial agreements with suppliers of products and services, both in national territory and abroad, to provide, among other services, the following services: (i) telecommunications and e-mail, (ii) administration and management of databases, (iii) automated processing of Personal Data and its storage, (iv) authentication and validation of e-mails, and (v) telemarketing, credit card terminals and electronic invoicing. The Data Subject's authorization granted pursuant to this Section 6 entitles the Controller and/or its Agents to transmit Personal Data of the Data Subject to such suppliers or third parties, in the understanding that such suppliers or third parties are obliged, by virtue of the corresponding contract, to maintain the confidentiality of the Personal Data provided by the Controller and/or its Agents and to comply with this Privacy Notice. The Controller and/or its Agents may transfer the Personal Data collected from the Data Subject to any other company of the same business group to which the Controller belongs and which operates with the same internal processes and policies.
Notwithstanding the provisions of this Section 6 or any other Section of this Privacy Notice, the Data Subject acknowledges and agrees that the Controller does not require authorization or confirmation from such Data Subject to make national or international transfers of Personal Data in the cases provided for in Article 37 of the Federal Law on Personal Data in Possession of Individuals or in any other case of exception provided for in the same, its Regulations or the Guidelines.
In case the Data Subjects do not want the Controller to transfer their Personal Data, they may express their refusal by sending a communication to the Controller at the following e-mail address: [email protected]
7. Use and Disclosure Limitations
To prevent unauthorized access to your personal data and to ensure that the information is used for the purposes set forth in this Privacy Notice, we have established physical, electronic and administrative procedures that limit the use or disclosure of your data, allowing us to treat it appropriately. Also, your personal data will be processed exclusively by those persons who perform activities that require the knowledge of such data.
We inform you that your Personal Data will be safeguarded at all times under the highest security standards, ensuring at all times, the strictest confidentiality and privacy of the same.
At any time, the Data Subject may limit the use and disclosure of his or her Personal Data by sending an e-mail to the following address: [email protected]
In turn, in order for you to limit the use and disclosure of Personal Data, you may additionally register in the Public Registry to Avoid Advertising or Public Registry of the Consumer (REPEP), which is in charge of the Federal Consumer Protection Agency (PROFECO), which has the purpose that Personal Data are not used to receive advertising or promotions by companies in the telecommunications, tourism and commerce sectors, in their marketing practices. For more information on this registration, the Data Subject may consult the PROFECO website.
8. ARCO rights
You have at all times the right to access, rectify, cancel or oppose the treatment that we give to your personal data (the "ARCO Rights"), as well as to revoke the consent granted for the treatment of the same; right that may be asserted through the Special Unit for the Protection of Personal Data of Naya Homes, whose data appear below. It is important that, although the exercise of your ARCO Rights is free of charge, Naya Homes may charge you for justified shipping and reproduction costs.
Such request must contain at least your name, full address or other means to communicate the response to your request, documents proving your identity and specifying clearly and precisely the personal data for which you are requesting access, rectification, updating or cancellation, the elements or documents where the personal data can be found and indicating the reasons why you want access to your personal data, or the reasons why you consider that your data should be updated, rectified or canceled.
We also ask you to consider that it is possible that Naya Homes may deny access to Personal Data or may not be able to rectify, cancel, block or grant opposition to the processing of all your personal data in accordance with applicable laws, particularly in the following cases:
Naya Homes will inform you within a maximum period of 20 calendar days from the date it receives the request for access, rectification, cancellation or opposition, the determination adopted, in order that, if appropriate, it becomes effective within 15 calendar days from the date on which the response is communicated.
We inform you that you may initiate the ARCO Rights protection procedure before the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI), within 15 calendar days from the date on which you have been given an answer to your request and it is not satisfactory, or if after the aforementioned term, no answer to your request has been given.
9. Revocation
In case you do not want us to process your Personal Data, you may send us your request by e-mail to the following e-mail address: [email protected], and you should receive a response to your request. Where appropriate, we will inform third parties who have access to your data of such revocation.
10. Special Unit for the Protection of Personal Data
For any doubt or clarification, as well as for the exercise of your ARCO Rights, please contact us by e-mail at the following address: [email protected] or at the address of Naya Homes indicated in point 1. above.
Also, if you have any questions, you can consult INAI at http://inicio.inai.org.mx/SitePages/ifai.aspx
11. Modifications to the Privacy Notice
Any modifications to this Privacy Notice will be made available to the general public on the Naya Homes website and at our offices. It is the Data Subject's responsibility to periodically review the content of the Privacy Notice at www.nayahomes.co/privacy
12. Use of Cookies
The correct functioning of the Controller's sites, applications and platforms and those of its suppliers require cookies to be enabled in your browsers. Cookies are small data files that are stored on the hard drive of a user's computer or electronic communications device when browsing a specific Internet site, which allow status information to be exchanged between the site and the user's browser. The status information may reveal means of session identification, authentication or user preferences, as well as any data stored by the browser with respect to the relevant website. In most browsers, cookies are automatically accepted by default, although the Data Subject can adjust his or her browser preferences to accept or reject cookies. Disabling cookies may disable various functions of websites or may cause them to display incorrectly. In case the Data Subject prefers to delete the cookie information sent by the Controller, the file(s) can be deleted at the end of each browser session.
Date of issuance of the Privacy Notice: August 15, 2022.
In accordance with the provisions of the Federal Law on Protection of Personal Data Held by Individuals hereinafter referred to as "the Law", this Privacy Notice is issued:
1.- Responsible for Personal Data:
For the purposes of this Privacy Notice, LVRPM de México, S.A.P.I. de C.V. (hereinafter "Naya Homes" or the "Responsible") with registered address located at Tintoreto No. 43, Interior 3a, Colonia Santa María Nonoalco, Benito Juárez, C.P. 03700, is responsible for obtaining, disclosing, storing, using, handling, and transferring the personal data collected from users of its services (hereinafter the "Holders").
2.- Personal Data Collected:
The personal data that the Responsible collects from the Holders are: (i) Personal Data: name, address, date of birth, age, nationality, CURP, RFC, telephone number, landline or mobile, email, copy of official identification, and copy of proof of address; (ii) Financial or patrimonial data. Information on bank accounts and credit cards, information on securities and real estate, and any financial information necessary to fulfill the processing purposes established in this Privacy Notice.
3.- Purpose of Processing Personal Data:
Main purposes of Data Processing: a. Users/Clients In the case of individual users or clients of any of the services offered by Naya Homes (including free services), including property management services for the benefit of users and clients, their personal data may be used for the provision of the administration services offered by Naya Homes or to stay or use properties determined by Naya Homes, to purchase Naya Homes products and hire any service provided by Naya Homes, as well as to be shared with third parties selling products or providing services related thereto. The information will be used to: (i) identify and verify the identity of users or clients, (ii) send information about the use of the property, accommodation, purchase of products and/or hiring of services offered, (iii) deliver information about products and services, (iv) display advertising and announcements related to the services and products offered by Naya Homes, (v) address inquiries, complaints, and suggestions or any procedure related to the provision of services by Naya Homes, (vi) process payments from users or clients, as consideration for the services provided and/or to acquire additional products and services, (vii) invoice payments by any means, (viii) notify the user of offers received through their account, (ix) make authorized online payments to Naya Homes by phone or by any other means, and (x) request, hire, change or cancel services offered by Naya Homes or third parties.
b. Owners In the case of owners or holders of properties with which Naya Homes intends or has entered into a management contract, their personal data may be used for all purposes related to the provision of Naya Homes services, including but not limited to: (i) conducting audits of the properties, (ii) preparing a real estate catalog within a technological platform through a mobile application or any other type, for the provision of services to users, (iii) reproducing photographs, videos, plans, diagrams, sketches, renders, and any material of the properties, (iv) advertising and/or offering properties through any means for rent or use, and (v) complying with the regulatory obligations of Naya Homes, including any obligations under the Prevention of Money Laundering and Terrorism Financing.
The data collected by the Responsible will be collected and processed for the following business activities:
Secondary purposes of data processing We inform you that your Personal Data may be used for purposes that are not necessary for the provision of the services offered by Naya Homes, or have not given rise to the legal relationship of the Responsible, such as: (i) offering promotions and events, (ii) conducting research and market analysis to know the consumption preferences of our current or potential customers and generate statistical reports, (iii) knowing the patterns or trends of consumption in the consumer segment of our products, (iv) receiving printed or electronic advertising, including communications for online marketing or telemarketing purposes about products and services, and (v) participation in surveys.
In case the Holder does not express their express refusal to the processing of personal data for secondary purposes, through the means indicated to exercise the ARCO rights, it will be understood that they have given their express consent for such purposes. In case the Holder does not wish their Personal Data to be used for the Secondary Purposes described above, they may communicate this through the following email address: [email protected] Likewise, the personal data collected may also be processed for the purpose that the Responsible can meet legal requirements from competent authorities.
4.- Means that the Responsible adopts to limit the Use or Disclosure of Personal Data:
The personal data of the Holders will be treated under the strictest confidentiality, taking care of the administrative, physical, and technical security measures that the Responsible implements in its internal security policies and procedures, avoiding the possible unlawful disclosure of data and limiting its use to that established in this Privacy Notice.
5.- Means to Exercise the Rights of the Holders:
At any time, You or your duly accredited legal representative may exercise the rights of Access, Rectification (when considering that the data is incorrect or inaccurate), Cancellation (in case You consider that the data is not being treated properly), and Opposition (in case You do not want your data to be processed for specific purposes), hereinafter collectively referred to as "ARCO Rights." The exercise of one of them does not prevent the exercise of the others.
To exercise your ARCO rights, You must submit your request to our address located at Tintoreto No. 43, Interior 3a, Colonia Santa María Nonoalco, Benito Juárez, C.P. 03700 or send it to our personal data department at the email address [email protected].
The request must contain the following data: (i) name of the Holder, (ii) address and email address to notify the response to your request, (iii) a clear and precise description of the data concerning which the corresponding right is sought to be exercised, (iv) the purpose of the request, (v) any element that facilitates the location of the data. Likewise, You must attach a copy of your identification and, if applicable, the document proving legal representation.
The response time to your request will be 20 business days counted from the day the request for access, rectification, cancellation, and opposition corresponding was received. The response will be communicated to You within the aforementioned period to the email address provided in your request or by sending a letter to the address provided therein. Once such notification is received, You will have a period of 15 business days to make it effective if it is appropriate.
At any time, You may revoke the consent You have given us for the processing of your personal data, so that we stop using them. To do this, You must submit a request under the terms mentioned, for the exercise of the ARCO Rights. The procedure to follow will be the same as that provided for the exercise of ARCO rights. If your request is appropriate, your data will cease to be processed by Naya Homes.
At any time, the Holder may refuse the processing of their personal data for purposes other than those that have given rise to the legal relationship between Naya Homes and the Holder. The procedure to follow will be the same as that provided for the exercise of ARCO rights. If your request is appropriate, your data will cease to be processed by Naya Homes.
6.- Data Transfer:
Having read, understood, and accepted the terms set forth in this Privacy Notice, the Holder gives their consent for the Responsible or any Responsible to transfer Personal Data to any third party, national or foreign, on the understanding that the processing that such third parties give to the Holder's Personal Data must comply with the provisions of this Privacy Notice and will be used for the Primary and Secondary Purposes established in section 3 of this Privacy Notice.
For the purposes of this Section 6, the Responsible informs the Holder of the Data that in order to deliver products, services, and solutions to its customers, consumers, employees, suppliers, and other users of its services, the Responsible and/or its Agents have entered into or will enter into various commercial agreements with suppliers of products and services, both in the national territory and abroad, to provide, among other services, the following services: (i) telecommunications and email, (ii) administration and management of databases, (iii) automated processing of Personal Data and its storage, (iv) authentication and validation of email addresses, and (v) telemarketing, credit card terminals, and electronic billing. The authorization granted by the Holder in accordance with this Section 6 authorizes the Responsible and/or its Agents to transmit the Holder's Personal Data to such suppliers or third parties, on the understanding that such suppliers or third parties are obligated, under the corresponding contract, to maintain the confidentiality of the Personal Data provided by the Responsible and/or its Agents and to comply with this Privacy Notice. The Responsible and/or its Agents may transfer the Personal Data collected from the Holder to any other company within the same business group to which the Responsible belongs and that operates with the same internal processes and policies.
Notwithstanding the provisions of this Section 6 or any other Section of this Privacy Notice, the Holder acknowledges and accepts that the Responsible does not require authorization or confirmation from said Holder to make national or international transfers of Personal Data in the cases provided for in Article 37 of the Federal Law on Personal Data Held by Private Parties or in any other case of exception provided for therein, its Regulations, or the Guidelines.
If the Holders do not wish the Responsible to transfer their Personal Data, they may express their refusal by sending a communication to the Responsible to the following email address: [email protected]
7.- Changes to the Privacy Policy:
Any changes to this Privacy Policy will be informed through the following means:
• By email to the address provided by the Holder of the personal data.
• By publication at the Naya Homes address.
• By publication at Naya Homes' commercial establishments, its website, and/or social networks.
This Privacy Notice may be modified at any time in order to address legislative developments, as well as modifications to Naya Homes' internal policies. If the purposes for which your personal data are processed are modified, if necessary, your consent will be requested again.