Mexstays Lumina, S.A.P.I. de C.V. (“Lumina”), domiciled in Bosques de Alisos number 29 interior A, Colonia Bosques de las Lomas, C.P. 05120, Alcaldía Cuajimalpa de Morelos, Mexico City, Mexico, together with Live Onto, S.A. de C.V. (“Onto”), domiciled in Vallarta 44, Colonia La Concepcion, C.P. 04020, Coyoacán, Mexico City, Mexico (and together, the “Companies”) in accordance with the Ley Federal de Protección de Datos Personales en Posesión de Particulares (the “Law”) are responsible for the processing of your personal data that we collect through one or more digital platforms, mobile applications for smartphones and any other existing or to be existing means, (the “Digital Platforms”) and/or the websites www.luminastays.com and www.ontostay.com (the “Websites” and together with the Digital Platforms, the “Platform”) to certain individuals and companies that make use of the Platform for the purpose of receiving certain services (the “Services”) by the Companies (the “Holders”).
The Holders can send an email to the ARCO (rights of Access, Rectification, Cancellation and Opposition) responsible, who will be in charge of the care and handling of their data to the following email addresses arco@luminastays.com and arco@ontostay.com.
The Companies use your personal data collected through the Platform, mainly to perform the following activities, which are necessary in connection with the Services to the Holders:
The Companies reserve the right to modify the above-mentioned purposes.
The processing of personal data will be that which is necessary, appropriate and relevant in relation to the purposes set forth in this privacy notice, as well as with the different purposes that are compatible or complementary related to the Services and the execution of the Lease Agreements, as applicable.
3.1. Registration.- At the time the Holder registers on the Platform in order to receive the Services, the Holder will provide the following data to create an account with the Companies:
The aforementioned data and that the Holder provides through the Platform in order to receive the Services, will be stored by the Companies.
Personal data can and will be shared with a third party or third parties outside the Companies who may be responsible for the provision of services offered through the Platform for the sole purpose of fulfilling the request of the Holder.
The Companies will use the information that the Holders share through the Platform to perform and fulfill the purposes of treatment mentioned in Section 2 above of this privacy notice.
3. 2. Customer Services – The Holder, as part of the Services, may provide the Companies questions related to the use of the Platform and the Services provided through it.
3. 3. Payment Information – The Companies use third party providers to process payments made through the Platform. The Companies have access to such payment data and may store them in order to fulfill its obligations to the Holder. The Holder, by accepting this privacy notice should make sure to review and accept the privacy policies and the treatment given by payment providers to their data.
This privacy notice applies to information that the Companies collect on and through the Platform, online services, social networks and when we obtain information from other sources that are permitted by applicable law.
The Platform contains links to third party sites that are not owned or controlled by the Companies.
We inform you that the Holder’s personal data is shared inside and outside the country with the following people, companies, organizations and authorities other than us:
The Holder acknowledges and agrees that in case there is contact with other individuals and companies that make use of the Platform and personal data is transferred without the consent of the Companies, the latter will not be responsible for the data that has been transferred without the Holder’s consent either by telephone or email.
The Companies will only be responsible for the data transferred through its Platform. In the event that the Holders transfer data through other platforms or forms of communication, this privacy notice will not be applicable. Also, Holder’s data may be transferred by the Companies without the consent of the Holder under the terms of Article 37 of the Law and other applicable legislation.
The Holder has the right to know what personal information the Companies have about him/her, what it is used for and the conditions of use ( “Access”). It is also your right to request correction of your personal information if it is outdated, inaccurate or incomplete ( “Rectification”); request the removal of your personal information from the register or database of the Companies when the Holder considers that it is not being used in accordance with the principles, duties and obligations under the rules ( “Cancellation”); and oppose the use of your personal data for specific purposes (“Opposition”). These rights are known as ARCO rights.
In order to exercise the ARCO rights, the Holder must submit the respective request via email to arco@luminastays.com or arco@ontostay.com. Such request must contain: (i) full name and address of the Holder to communicate the response; (ii) copy of the document proving the identity or, where appropriate, legal representation; (iii) description of the personal data for which it seeks to exercise any ARCO right; (iv) any other element that facilitates the location of the personal data; (v) the ARCO right to be exercised; and (vi) a brief explanation of the reasons for which it intends to exercise the ARCO right.
The Companies will communicate the response within 10 (ten) working days following the submission of the request. The cancellation of the data will be subject to the provisions of Article 26 of the Federal Law on Protection of Personal Data Held by Private Parties (the “Law”).
The Holder may revoke consent for the processing of personal data, for which the Holder must send the respective request via email to arco@luminastays.com or arco@ontostay.com, accompanied by the information and documentation mentioned in Section 6 above of this privacy notice. However, it is important to note that for certain purposes, the revocation of consent may mean that the Companies are not able to continue providing the service or services requested, or the conclusion of its relationship with the Companies. Also, the Holder should consider that not in all cases can we meet the request or stop the use immediately, since it is possible that some legal obligation may require us to continue processing the personal data for an additional period.
The Holder may limit the use and disclosure of personal data, including without limitation, refusal to receive communications and promotions by the Companies through: (i) its registration in the Registro Publico para Evitar Publicidad, which is in charge of Procuraduría Federal del Consumidor (PROFECO), so that personal data will not be used to receive advertising or promotions of goods or services from companies. For more information about this registry, you may consult PROFECO’s website or contact it directly; or (ii) by means of a written request in accordance with the procedure established below.
In order to provide greater protection and confidentiality to the Holder’s personal data, the Companies will implement all possible security measures, such as the use of security locks, access controls, encryption technologies and various software.
The Companies use various Platforms and sites to collect information using “cookies”, which are text files that are placed on your computer, to help the site analyze how Holders use them.
The Companies and its service providers use “cookies”, “web beacons” and other technologies to receive and store certain types of information whenever Holders interact with the Platform through their device. A “cookie” is a small file containing a string of characters that is sent to your device when you visit a website. When you revisit the Platform or service provider sites, the cookie allows the service provider sites to recognize your browser. “Cookies” may store unique identifiers, Holder preferences and other information. You can reset your browser to refuse all “cookies” or to indicate when a “cookie” is being sent. However, some features or services on the Platform or service provider sites may not function properly without “cookies”. We use “cookies” to improve the quality of our service, including to store Holders’ preferences, and to track their trends.
“Web beacons” are images inserted in a web page or email, which can be used to monitor the behavior of a visitor, such as storing information about the IP address of the Holder, duration of interaction time on that page and the type of browser used, among others.
We inform you that we use “cookies” and “web beacons” to obtain personal information from the Holder, such as the following:
These “cookies” and other technologies can be disabled. There are several sites on the Platform that may link to other websites that do not operate under the Platform’s privacy policies. When the Registrant connects to other websites, the Platform’s privacy practices, as well as this privacy notice, are no longer valid. We invite Holders to review the privacy policies as well as the applicable privacy notice of each site before disclosing any personally identifiable information. All data collected must be updated for the purposes for which they were collected, and if the data is no longer necessary for the purposes intended by the Companies, it must be canceled.
This privacy notice may be modified, changed or updated as a result of new legal requirements, our own needs for the products or services we offer, our privacy practices, changes to our business model, or for other reasons.
These modifications will be available to the public through the following means:
In accordance with Article 9 of the Law, we require your consent for the processing of your sensitive personal data. Therefore, the lessors understand and accept, for all legal purposes, unconditionally and irrevocably, the scope and content of this privacy notice consenting, in that sense, the treatment of their sensitive personal data.
In accordance with Article 9 of the Law, we require your consent for the processing of your data. Therefore, the Holders understand and accept, for all purposes that may apply, unconditionally and irrevocably, the scope and content of this privacy notice consenting, in that sense, the processing of their personal data when using the Platform.
Any questions or comments regarding this privacy notice, as well as the exercise of any other rights to which you are entitled by law, should be directed to the person in charge of privacy notices at arco@luminastays.com or arco@ontostay.com.
Notwithstanding the foregoing, in the event that you consider that the processing of your personal data constitutes a violation of the provisions of the Law, you may appeal to the Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales (INAI).
The Companies and the Holder agree that this Privacy Notice is agreed upon in English and Spanish and that in the event of any discrepancy between the two languages, the Spanish version shall prevail.
