PRIVACY NOTICE

I. RESPONSIBLE FOR THE COLLECTION AND USE OF YOUR PERSONAL DATA

Controladora Dolphin, S.A. de C.V., (Dolphin Discovery®), hereinafter referred as “Controladora Dolphin“, with address in Calle Banco Chinchorro, Manzana 1, Lote 8, Supermanzana 13, C.P. 77504, Cancun, Quintana Roo, is responsible for the collection and use of the personal data required in terms of the rules established by the Mexican Federal Law for Data Protection of Private Individuals (Mexican Privacy Law LFPDPPP), article 47 of its secondary regulations, as well in the provisions of the articles 1°, 3° and 5° of the European General Data Protection Regulation (EU) 2016/679 (GDPR).

II. PURPOSE OF PROCESSING YOUR PERSONAL DATA

The personal data collected from our customers will be managed with the strictest confidentiality. Our customer’s information will be processed according to the provisions established by LFPDPPP. Mexican Privacy Law (articles 15 and 16 and 26 to 28 of its secondary regulations), requires us to inform you that your contact information, financial and patrimonial assets data and sensitive data collected from you (in our registration forms in the Check-in area and/or Guest Service of each location), or 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:

• To provide our products and services to our clients like interactive swims with dolphins or marine mammals, and the 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; offered 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;
• For reservations and purchase of our products and services through different sales channels such as: web page, email, chat live, telephone, and/or directly in our locations.
• To register our customers in the “Check-in” area of our different locations.
• Send by e-mail information to our customers related to promotions, discounts and offers our products and services.
• For the purchase of products in our locations, such as photos of their activities during their visit and/or souvenirs.
• Verify our customer’s reservations.
• Online sales of products (Dolphin programs, photo memories, etc.), charges to the credit or debit card through the bank payments processor or through redirection to PayPal.
• Provide by email the link to download the photos purchased by our customers.
• To inform our guests about changes in the services purchased.
• To conduct evaluations and surveys about the products and services offered.
• To share pictures and videos of our customers (including personalities), in our Web Page, Social Media, Blue Wall and printed media.
• Confirm and correct the information that we have about our customers to ensure the best quality of our services.
• To process and deliver at the hotel or address given the Photobook purchased by our customers.
• To provide the electronic bill to those clients who request it.
• 15. For the payment process to our providers of services.
• 16. Surveillance and safety of our visitors, guests, and employees, equipment and habitats through the CCTv.
• Administrate contracts signed with our affiliate members.
• To generate the reports of incidents and/or accidents occurred in our parks and locations.
• To transport our guests to the different parks and locations.
• To rent docking spaces for our guests.
• Customer service in cases of not recognized charges made to their credit or debit cards.
• To send to our customer’s address objects forgotten in our facilities.
• Allow access to media, journalists or producers to our locations to make interviews, footages, photo sessions, documentaries, or familiarization visits.
• Logistics and organization of weddings and group events.
• Customer services for our guests at “Guest Service Area” in our different locations and to follow up complaints before the Federal Attorney’s Office of Consumer (PROFECO in Spanish).
• To confirm and correct the information that we have of our customers in order to ensure the best quality services and inform them about changes in our privacy notice.

III. CONSENT TO PROCESS FINANCIAL AND SENSIBLE DATA

According to the provisions stated by articles 8° and 9° of the LFPDPPP, and articles 15 and 16 of its secondary regulations (RLFPDPPP), Controladora Dolphin is required to obtain express consent of its customers in order to use and process their financial, patrimonial assets and sensitive data. Therefore when we require such information to provide our services we will request your authorization through a format at the moment of the data collection.

IV. PERSONAL DATA TRANSFER

Controladora Dolphin may transfer your personal data with companies that help it to provide its services or fulfill its legal obligations, for example: Webhosting suppliers, in order to maintain, update, and manage the web sites; with transportation agencies, etc.

Express consent is not required by law for this kind of transferences according to article 37, section VII of the LFPDPPP.

Furthermore, depending of the services contracted by our customers their personal data may be shared with other companies to provide those services. In those cases Controladora Dolphin will inform you about these transferences and will require your authorization for the management of this information. These transfers will be carried out in compliance with the provisions established by article 36 of the LFPDPPP and articles 72 and 73 of its secondary rules (RLFPDPPP).

With the exceptions of the cases cited above, the personal data provided by our customers will not be transferred to any other party or company unless the data transfer is required by law under the provisions stated by article 37 of the LFPDPPP.

V. USE OF PICTURES & PHOTOGRAPHS

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

Besides these cases, Controladora Dolphin, will not publish or reveal photos or videos of its customers and neither will exploit them commercially without the proper express authorization.

VI. ONLINE PRIVACY POLICY

Our policy regarding the information related to the use of our website https://www.dolphindiscovery.com.mx/ is described below. You should review this Privacy Policy regularly since it may change at any time at our discretion. 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 certificated measures.

To verify that your information is safe, make sure that there is always an “s” in the browser. 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. When users visit our websites, they do it anonymously unless they expressly decide to identify themselves with us.

Controladora Dolphin does not require that customers provide personal data to use the Website, unless is necessary. Some applications may require that users disclose some personal data, for example our contact forms require user’s e-mail address to register and answer comments, complaints, questions or suggestions, and contact users if necessary.

In these forms we will not require financial, patrimonial and/or sensitive data; any disclosure of this information is your responsibility. Regardless the above, if you voluntarily provide any of this information Controladora Dolphin assures it will be used with strict confidentiality.

VII. COOKIES POLICY

A cookie is a small file and holds a certain amount of data, which our website can send to your browser. It may then be stored on your computer’s hard drive and can be accessed by our web server. This cookie data can then be retrieved and can allow us to customize our web pages and services accordingly. It is important to clarify that cookies do not collect any personal data stored on your hard drive or computer. A cookie does not allow us to know your personal identity unless you explicitly choose to provide it. Most cookies expire after a period of time or can be deleted by you at any time. Also you can configure your browser to notify you when you receive a cookie so you can accept or reject it.

The cookies will allow us to:

• Identify users that enter into our websites and offer them a personalized experience.
• To record the personal settings of the users when they visit out website; for example, the cookies allow us to detect the bandwidth that is being used to enter to our sites, so we can customize our web pages and services according to your profile.
• Also allow us to 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.

Our website uses cookies also to provide a personalized and secure experience to our users as well as to show users advertising related to their preferences. Cookies allow us to understand the behavior of our users on the site and improve it. If you decide to navigate our website, we understand that you consent to the processing of your personal data in accordance with “our online privacy policy” described in our Privacy Notice. When you enter to our websites you will be able to reject cookies or avoid accepting new cookies by using the “Help” button located in the tool bar of most browsers. Most of cookies are erased after a period of time or you can choose to erase them directly from your computer.

VIII. RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION, OPPOSITION (ARCO) AND WITHDRAWAL OF CONSENT.

As stated in Mexican Privacy Law (LFPDPPP) and in the European General Data Protection Regulation (GDPR), customers may request the access, rectification, cancellation or oppose to the use of their personal information provided to the responsible, or revoke their consent. Their request will be answered by our Privacy Officer, through this email address: privacidad@dolphindiscovery.com.

According to Privacy Law you can request access, rectification, cancellation, or oppose to the use of your personal data by following the process described bellow:

• Send an email to: privacidad@dolphindiscovery.com; indicating you full name, address, legal or commercial relationship with Controladora Dolphin, (affiliate member, guest, visitor, etc.) and the type of right that you desire to request.
• Fill the application that will be sent to you, identifying: the data regarding which you need the access to, rectification, cancellation, or objection, or the information which you wish to revoke your consent, adding some of the ID documents stated in the application to verify your identity.
• Once the application is filled, you will have to e-mail it to the address mentioned in the number 1), attaching all the documents you consider relevant for your request. If you wish to correct your data, you must explain exactly what the errors in your information are, adding the documents necessary to correct that information.
• Once the application is received, you will get a confirmation e-mail, with the attention number assigned to your request. In case that the application contains errors or incomplete information, you will be required to correct the application within ten days after the notification. If you don’t correct the application, the request won’t be processed and answered.
• Applications sent on Weekend or Holydays will be received until the following working day.
• The application will be answered by email within twenty business days from its confirmed reception. This deadline can be extended twenty additional days if there is a justified cause for the delay. This situation will be notified to the applicant according to what is established in article 97 of the secondary regulations of the Mexican Privacy Law RLFPDPPP.
• If your application fulfil all the legal and administrative requirements requested by Law, the access will be granted, the data will be corrected, your requests to cancel the information or to stop using your information will be carried out, or the withdraw of your consent will be registered in our databases in a period of time that will not exceed 15 labor days. This deadline can be extended fifteen additional day if there exists a justified cause for the delay, this situation will be notified to the applicant according to what is established in article 97 of the secondary regulations of the Mexican Privacy Law RLFPDPPP.

If your application fulfilled all the requirements requested by articles 32 to 35 of the Mexican Privacy Law (LFPDPPP), the answer will be sent to you via e-mail, free of any charge. However if you wish to receive it by other means the applicant must cover the expenses of the copies and formats requested.

IX. MEXICAN PRIVACY AUTHORITY

If you consider that the answer given to you is incomplete or incorrect or you believe that your privacy rights have been violated by the Responsible, you can complain to the National Institute for Transparency, Access to Information and Personal Data Protection (INAI). If you want to know more you can access to the website: www.inai.org.mx.

X. PRIVACY OFFICE CONTACT

If you have any questions regarding the content, interpretation or scope of this Privacy Notice, you need more information regarding to the processing of your personal data, you can send an e-mail to our Privacy Officer to the address: privacidad@dolphindiscovery.com.

XI. CHANGES TO THE PRIVACY NOTICE

This privacy notice is in force and will be updated by publishing a new privacy notice in this site. Any changes of this privacy notice will be informed by publishing an updated version of this document.

Last updating: December 1st, 2018.