Controller of the protection of your personal data
HABITA BKB, S.A. DE C.V., better known as BAKABÁ, with address at Paseo Tulum MA 19 Lote 1, Local 46, Playacar Fase 2, C.P. 77717, Playa del Carmen, Solidaridad, Quintana Roo, Mexico, makes this Privacy Notice available to you. It is addressed to our clients, based on the legislation in force in the United Mexican States (hereinafter “Mexico”), in observance of the Federal Law on the Protection of Personal Data Held by Private Parties (hereinafter “the Law”), its regulations, and other applicable provisions.
Purposes of data processing
By accepting this Notice, we act as “Controllers” of the processing of your Personal Data and undertake to collect and use it only as set out in this Notice and exclusively for the purposes you have authorized as provided herein.
The personal data we collect from you will be used for the following purposes, which are necessary for the service you request:
a. Primary
- Identification and registration of our clients, which implies carrying out the authentication of your identity, for which reason certain information and, where applicable, documentation necessary to carry out such registration will be requested from you, as required in accordance with applicable legislation, for the purpose of compiling an identification file, formalizing the purchase agreement, signing the promise of agreement, notarization, reservation, and complying with the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin (LFPIORPI).
- Answering our clients' questions.
- Carrying out the procedures necessary for the formalization of contracts.
- Processing, updating, modifying, cancelling and/or confirming the services and information sent by BAKABÁ to the Data Subjects through telephone calls and/or email.
- Fulfilling the obligations contracted by BAKABÁ with the Data Subject.
- Responding to requests to exercise the cancellation of consent to the processing of Personal Data or the ARCO Rights of Data Subjects.
- Creation, compilation, analysis, updating, and retention of your file.
- Regulatory compliance.
Likewise, the Personal Data collected may be used for the following additional purposes that are not directly related to the services provided or products offered, but that help us provide better service to data subjects:
b. Secondary
- Receiving news, offers, promotions, and information from BAKABÁ.
- Sending information for marketing, advertising, and commercial prospecting purposes.
- Carrying out internal studies as part of our new product and service development processes.
- Regulatory compliance audits, review of transaction records, regulatory best practices, and continuous process improvement.
If you do not want your personal data to be processed for the purposes indicated, or any of them, you may deny us your consent from this moment by sending your request to the email address daniela@bakaba.mx, stating your name and the purpose for which you do not want your personal data to be processed. Your refusal to allow the use of your personal data for these purposes may not be a reason for us to deny you the services and products you request or contract with us.
Personal data we collect for the purposes described
To carry out the purposes described in this privacy notice, we will use the following personal data: the personal data we may collect from you is that which you provide to us directly so that we can provide you with the contracted service, and such information may include, among others:
Identification data
- Name, address, Unique Population Registry Code (CURP), place of birth, country of birth and nationality, date of birth, professional license, passport, INE (voter ID), immigration document, proof of address, handwritten signature, photograph, identification data.
Contact data
- Email address and contact telephone numbers (home/mobile).
Asset and financial data
- Proof of payment, activity or occupation, bank account number through which payments are received.
Tax data
- Tax status certificate, for the issuance of the corresponding invoices, Federal Taxpayer Registry (RFC).
At BAKABÁ we have appropriate technical, administrative, and organizational security measures in place to guarantee a level of security that protects your Personal Data against any destruction, loss, accidental or unlawful alteration, and unauthorized communication or access, such as: (i) the encryption of personal data, (ii) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services, (iii) the ability to restore the availability of and access to Personal Data quickly in the event of a physical or technical incident, (iv) a process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures to ensure the security of processing. However, in the event of any breach of our security, we will notify you as soon as we become aware of such breach, when it significantly affects your property or moral rights, so that you can take the appropriate measures in defense of your rights.
As controllers of your Personal Data, we will endeavor to keep it relevant, accurate, and up to date. When your Personal Data is no longer necessary for the fulfillment of the purposes set out in this Notice, as well as the applicable legal provisions, we will proceed to delete it, since at all times you are the sole Data Subject of the Personal Data you provide to us.
Sensitive personal data
Sensitive personal data is data that affects the most intimate sphere of the Data Subject, or whose improper use may give rise to discrimination or entail a serious risk to the Data Subject.
At BAKABÁ, we do NOT use Sensitive Personal Data.
Transfers of personal data made to third parties
We may transfer your data to our business partners and service providers when there is a contractual need to do so and for the purposes described above. These providers are located in the country, so your data will not be transferred abroad.
Likewise, we undertake not to transfer your Personal Data to third parties without your prior consent, except for the exceptions provided for in Article 37 of the Law.
No transfers of personal data will be made with respect to information for which consent is required, in accordance with the provisions of Article 36 of the Law. Therefore, if the Data Subject grants consent to BAKABÁ and BAKABÁ transfers the data, the receiving third party will assume the same obligations as the controller that transferred the data.
Means for exercising ARCO rights (Access, Rectification, Cancellation, or Opposition)
You have the right to know what personal data we hold about you, what we use it for, and the conditions of the use we make of it (Access). Likewise, it is your right to request the correction of your personal information if it is outdated, inaccurate, or incomplete (Rectification); to have it removed from our records or databases when you consider that it is not being used in accordance with the principles, duties, and obligations set out in the regulations (Cancellation); and to oppose the use of your personal data for specific purposes (Opposition). These rights are known as ARCO rights.
At any time you may access, rectify, cancel, or oppose the use of your personal data, as well as clarify any doubt that may arise regarding the processing of your information, for which you must follow the following procedure:
- Send your request to the email address daniela@bakaba.mx, which corresponds to the department in charge of Personal Data within BAKABÁ (the “Data Officer”).
- Once said request is received, the department in charge will communicate to you, through the same email address, the determination adopted within a maximum period of 20 (twenty) business days counted from the receipt of the request, so that, if applicable, we can make it effective within a period of 15 (fifteen) business days counted from the date we communicate said response. When circumstances so justify, the aforementioned periods may be extended by equal periods.
Your request must contain the following information: date, name of the data subject, address, email address, telephone number, and any other means through which communication can be established with the data subject or, where applicable, through which you can be informed about your request; a clear and precise description of the personal data with respect to which you wish to exercise your ARCO rights; documents that prove your identity and, where applicable, those that prove the legal representation of the data subject; any other element or document that facilitates the location of the personal data and, in the case of rectification, the documentation that supports your request.
For more information, please contact the privacy department at telephone 984 873 2719 or by email at daniela@bakaba.mx.
Mechanism and procedure for requesting the revocation of consent
At any time you may express your refusal of this Notice and thereby revoke the consent you have granted us, by notifying the Data Officer at the email address daniela@bakaba.mx, following the same procedure indicated in the section entitled “Means for exercising ARCO rights” of this Privacy Notice, provided that the contractual relationship between us has ended. In this regard, it is important to clarify that your request will not always be applicable immediately, since a legal obligation may subsist with us that does not allow us to revoke said consent and, therefore, requires us to continue processing your personal data.
Consultation of and changes to the privacy notice
We reserve the right to make modifications, changes, or updates to this privacy notice at any time, arising from new legal requirements; from our own needs for the services we offer; from our privacy practices; from changes in our business model; or to address legislative developments, internal policies, or new requirements for the provision or offering of our services or products.
These modifications will be available to the public through our website: https://bakaba.mx/aviso-de-privacidad (formerly https://bakaba.mx/politica-privacidad).
Use of cookies
BAKABÁ uses cookies on its website, through which it provides the Data Subject with a personalized service and a better browsing experience on the website, as well as tracking user behavior for marketing and advertising campaign purposes.
The computer data that BAKABÁ collects through these electronic means is: name, email address, country, and telephone number, for the purpose of BAKABÁ contacting you to provide the corresponding service and attention.
Filing complaints or reports for the improper processing of your personal data
If you consider that your right to the protection of personal data has been harmed by any conduct of our employees or by our actions or responses, or if you presume that there is a violation of the provisions set forth in the Law in the processing of your personal data, you may file your complaint or report with the Secretaría Anticorrupción y Buen Gobierno (Anti-Corruption and Good Governance Secretariat).
This Notice applies to any site owned by BAKABÁ, as well as to related sites, mobile applications, and digital tools, regardless of the form and place of access.