1. Identity and Address of the Responsible Party Collecting Your Data
The company named Mexstays Lumina, S.A.P.I. de C.V. (“Lumina”), with its address at Bosques de Alisos No. 29 interior A, Bosques de las Lomas, C.P. 05120, Cuajimalpa de Morelos, Mexico City, Mexico, in accordance with the Federal Law on Protection of Personal Data Held by Private Parties (the "Law"), is responsible for processing your personal data collected through one or more digital platforms, mobile applications for smartphones, and any other existing or future means (the “Digital Platforms”) and/or the website www.luminastays.com (the “Website” and together with the Digital Platforms, the “Platform”) for certain individuals and legal entities that use the Platform to receive certain services (the “Services”) from Lumina (the “Data Subjects”).
Data Subjects can send an email to the responsible party ARCO (Access, Rectification, Cancellation, and Opposition) at the following email address: arco@luminastays.com or, if applicable.
II. Purposes of Data Processing
Lumina uses the personal data collected through the Platform primarily to carry out the following activities, which are necessary in relation to the Services provided to the Data Subjects:
II. 1. Provide the Services and other services in accordance with its corporate purpose.
II. 2. Enter into lease agreements for real estate and other legal acts necessary for the formalization of such lease agreements (the “Lease Agreements”).
II. 3. Comply with obligations arising from the Services mentioned in Section II.1. above.
II. 4. Comply with obligations arising from the signing of the Lease Agreements mentioned in Section II.2. above.
II. 5. Address legal requirements from the competent authorities.
II. 6. Integrate and update files.
II. 7. Evaluate the quality of the Services.
II. 8. Send relevant information related to the Services.
II. 9. Send relevant information related to the Lease Agreements.
II. 10. Evaluate the user and/or landlord profile, as applicable.
II. 11. Know the user profile to provide relevant information, notices, and notifications.
II. 12. Address any questions regarding the Services provided by Lumina.
II. 13. Address any questions regarding the Lease Agreements.
II. 14. Carry out administrative procedures necessary to provide the corresponding Services.
II. 15. Create a directory of users and/or landlords, as applicable.
Lumina reserves the right to modify the above purposes.
Personal data processing will be that which is necessary, adequate, and relevant in relation to the purposes outlined in this privacy notice, as well as any other purposes that may be compatible or complementary to the Services and the signing of the Lease Agreements, as applicable.
III. Personal Data That Will Be Collected and Processed
III. 1. Registration
When the Data Subject registers on the Platform to receive the Services, they will provide the following data to create an account with Lumina:
Full Name
Address
Date of Birth
Nationality
Country of residence
Landline phone number
Mobile phone number
Email address
Payment data and bank information
The above-mentioned data, which the Data Subject provides through the Platform to receive the Services, will be stored by Lumina.
The personal data may and will be shared with third parties outside Lumina who may be responsible for providing the Services offered through the Platform, solely for the purpose of fulfilling the Data Subject's request.
Lumina will use the information shared by Data Subjects through the Platform to carry out and fulfill the purposes of data processing mentioned in Section II. above of this privacy notice.
III. 2. Customer Service
As part of the Services, the Data Subject may provide Lumina with information related to the use of the Platform and the Services provided through it.
III. 3. Payment Information
Lumina uses third-party providers to process payments made through the Platform. Lumina has access to such payment data and may store it in order to fulfill its obligations with the Data Subject. The Data Subject, by accepting this privacy notice, should ensure they review and accept the privacy policies and data processing terms set by the payment providers.
This privacy notice applies to the information Lumina collects on and through the Platform, online services, social networks, and when we obtain information from other sources permitted by applicable legislation.
The Platform contains links to third-party sites that are not owned or controlled by Lumina.
IV. Data Transfers
We inform you that your personal data may be shared inside and outside the country with the following individuals, companies, organizations, and authorities other than us:
IV. 1. Third-party service providers to comply with legal obligations acquired by Lumina or any of its affiliated and subsidiary companies.
IV. 2. Third-party service providers for research, data analysis, sending information tailored to the needs of the data subject, and performing services necessary or required by the data subject.
IV. 3. Relevant authorities.
The Data Subject acknowledges and accepts that if they have contact with other individuals and entities using the Platform and personal data is transferred without Lumina's consent, Lumina will not be responsible for the data transferred without consent, whether by phone or email.
Lumina will only be responsible for data transferred through its Platform. If the Data Subject transfers data through other platforms or means of communication, this privacy notice will not apply. Additionally, the Data Subject’s data may be transferred by Lumina without the Data Subject's consent under the terms of Article 37 of the Law and other applicable legislation.
V. Access, Rectification, Cancellation, and Opposition Rights
The Data Subject has the right to know what personal data Lumina holds about them, for what purpose it is used, and the conditions under which it is used (“Access”). They also have the right to request correction of their personal information if it is outdated, inaccurate, or incomplete (“Rectification”); request the deletion of their personal information from Lumina's records or database when the Data Subject considers that it is not being used according to the principles, duties, and obligations set forth in the regulations (“Cancellation”); and oppose the use of their personal data for specific purposes (“Opposition”). These rights are known as ARCO rights.
To exercise ARCO rights, the Data Subject must submit the respective request via email to arco@luminastays.com. The request must contain: (i) full name and address of the Data Subject to communicate the response; (ii) a copy of the document proving their identity or, where applicable, legal representation; (iii) a description of the personal data for which the ARCO right is to be exercised; (iv) any other element that facilitates the location of the personal data; (v) the ARCO right the Data Subject intends to exercise; and (vi) a brief explanation of the reasons for exercising the ARCO right.
Lumina will communicate the response to the request within 10 (ten) business days from 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”).
VI. Revocation of Consent
The Data Subject can revoke consent for the processing of their personal data. To do so, the Data Subject must send the respective request via email to arco@luminastays.com, along with the information and documentation mentioned in Section V. of this privacy notice. However, it is important to note that for certain purposes, revocation of consent may imply that Lumina can no longer provide the services requested or terminate its relationship with Lumina. Furthermore, it should be considered that in some cases, Lumina may not be able to fulfill the request or stop the use immediately, as we may need to continue processing the data for legal obligations.
VII. Limiting the Use and Disclosure of Personal Data
The Data Subject can limit the use and disclosure of their personal data, including but not limited to, their refusal to receive communications and promotions from Lumina by: (i) registering in the Public Registry to Avoid Advertising, managed by the Federal Consumer Protection Agency (PROFECO), to ensure their personal data is not used for receiving advertising or promotions from goods or service companies. For more information on this registry, you can consult PROFECO’s website or contact them directly; or (ii) by submitting a written request following the procedure set forth below.
VIII. Security Measures
To ensure greater protection and confidentiality of the Data Subject's personal data, Lumina will implement all possible security measures such as the use of security locks and various software tools.
IX. Use of Cookies, Web Beacons, or Similar Technology
IX. 1. Platforms to Collect Information
Lumina uses various Platforms and sites to collect information using "cookies", which are text files placed on your computer to help analyze how the Data Subject uses the platforms.
IX. 2. Information Collected through Cookies and Similar Technologies
Lumina and its service providers use "cookies", "web beacons", and other technologies to collect and store certain types of information whenever the Data Subject interacts with the Platform via their device. A "cookie" is a small file containing a string of characters sent to the device when visiting a website. When revisiting the Platform or service provider sites, the "cookie" allows the provider sites to recognize your browser. Cookies can store unique identifiers, user preferences, and other information. You can reset your browser to reject all cookies or to indicate when a cookie is sent. However, some features or services of the Platform or provider sites may not function correctly without cookies. We use cookies to improve our
