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 CUEVAS & LOPEZ REALTY, S. de R.L. de C.V.
doing business as G&G Real Estate (hereinafter “The Agency“) with address
at Venustiano Carranza 307, Colonia Emiliano Zapata, Puerto Vallarta, Jalisco, CP.
48380 is 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
FLEX MLS Puerto Vallarta and VALLARTA-NAYARIT MLS with the purpose of
promoting the sale of a property or business. The real estate multiple listing systems
FLEX MLS Puerto Vallarta and VALLARTA-NAYARIT MLS do not distribute or use
personal data except to verify that the Principal(s) is/are the owner(s) of the property or
have the faculties for the commercialization and transfer of title. Data transmitted to the
real estate multiple listing systems FLEX MLS Puerto Vallarta and VALLARTA-
NAYARIT MLS are:
a) Scanned copy of the fully executed Real Estate Listing Agreement with Exclusivity
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 few pages 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
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 systems FLEX MLS Puerto Vallarta and 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
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
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
(i) By courier or certified mail to our address located at Venustiano Carranza 307, Col.
Emiliano Zapata, Puerto Vallarta, Jalisco 48380
(ii) To the following email: email@example.com.
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 CUEVAS &
LOPEZ REALTY, S. de R.L. de C.V. / G&G Real Estate, 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
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 CUEVAS & LOPEZ REALTY, S. de R.L. de C.V. /
G&G Real Estate.
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. These changes shall be
CUEVAS & LOPEZ REALTY, S. de R.L. de C.V. / G&G Real Estate 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.