Privacy Policy

THIS IS A COURTESY TRANSLATION OF THE OFFICIAL AND LEGAL NOTICE THAT APPEARS IN THE SPANISH VERSION.

COMPREHENSIVE PRIVACY NOTICE

DATA CONTROLLER

This Privacy Notice (hereinafter referred to as the "Notice") sets forth the terms and conditions under which Tropicasa Realty, S.A. de C.V. (hereinafter referred to as "Tropicasa"), with its address at Pulpito 145-A / Olas Altas, Puerto Vallarta, Jalisco, Postal Code 48380, Mexico, in its capacity as the Data Controller, will process the personal data concerning you as the data subject, in order to protect your privacy and your right to informational self-determination, in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties (the "LFPDPPP"), its Regulations (the "Regulations"), and the Privacy Notice Guidelines issued by the Ministry of Economy (the "Guidelines") (hereinafter collectively referred to as the "Applicable Laws").

2.- DEFINITIONS.

For the purposes of this Notice, the definitions of the terms “Personal Data”, “Sensitive Personal Data”, “Days”, “Processing”, “Data Owner”, “Controller”, “Processor”, “Transfer”, “ARCO Rights”, “Right of Access”, “Right of Rectification”, “Right of Cancellation”, “Right of Opposition”; “Cookies”, “Web Beacons”, as well as the other elements provided for in the Notice shall have the same meaning as that attributed to them in the Applicable Laws.

3.- PROCESSING OF PERSONAL DATA.

At Tropicasa we collect, process and process the following personal data of clients, agents and employees, which are listed below:

1. a) General data.

Full name and, if applicable, signature, date and place of birth, nationality, sex, marital status, full address, whether home or work; telephone number, whether home or work; cell phone number, whether home or work; physical address, email address, whether personal or work; photograph; website, Unique Population Registry Code (Clave Unica de Registro de Poblacion) (CURP) (if applicable), Federal Taxpayer Registry (Registro Federal de Contribuyente) (RFC), Tax Status Certificate (Constancia de Situacion Fiscal) (CSF), and immigration status (Situacion Migratoria) (if applicable).

1. b) Academic, professional training and professional qualification data.

Data on schooling, academic performance, as well as data on courses, programs, degrees or academic and/or professional certifications.

1. c) Employment data.

Employment history, paid activities and occupation, remuneration, benefits and working conditions, disabilities, labor disputes and employment references.

1. d) Data to access Tropicasa services on the website.

1. e) Tax and social security data.

Key and Folio of the Federal Taxpayer Registry key, as well as tax address, tax regime, CSF, affiliation number to the Mexican Social Security Institute ( (IMSS) (if applicable); credit number with INFONAVIT (if applicable), credit number with FONACOT (if applicable); AFORE affiliation number (if applicable); tax returns, Digital Tax Receipts (CFDI), tax withholdings, credits and tax litigation.

1. f) Data linked to payment methods.

Name of the holder, bank account number, CLABE and bank of origin, branch, and other information that allows for electronic payments and bank transfer

1. g) Financial and asset data.

Income information, information on bank account data into which salary and benefit payments, commissions, reimbursements, and socioeconomic study (when applicable) will be deposited.

1. h) Sensitive personal data.

Data related to your health status, medical history, and criminal record, legal proceedings in which you are or have been a part.

1. i) Personal data collected by automatic data collection tools on the Tropicasa website (cookies, web beacons, links in emails). Browser type, language, means of identifying the session with the website, passwords to access the website, access times, IP address, operating system of the computer system or device to access the site, interaction with our emails and our website.

1. j) Personal data from publicly accessible sources and received via consented transfers.

Data from public records, directories, social networks and other legal sources available on the market, as well as personal data that has been shared with us by third parties to whom you have previously authorized.

1. k) Personal data from social networks.

Tropicasa may collect and process personal data and information that you have shared on social networks (such as Facebook®, Twitter®, X®, Linkedin®, Tiktok®, among others), particularly that which you have shared on the Tropicasa site on said social networks, including the information that you have shared publicly, as provided by the terms and conditions of use and the policies and statements thereof.

1. l) Personal data of third parties for references.

Identification and contact information, including name, work landline and/or cell phone number, and email address, to request professional and/or commercial references from you.

1. m) Personal data of family members and/or other dependents.

Identification and contact information for family members, dependents or beneficiaries, such as their first and last name, telephone number and/or email address.

The personal data described in the aforementioned subsections of this section are collected through: i) the voluntary and direct provision of your information through our printed forms; ii) the voluntary provision of information and personal data in face-to-face or telephone interviews with our authorized personnel; iii) as well as through the voluntary and direct provision of your information through our website; or through the use of emails, and iv) the use of publicly accessible sources and other sources available on the market.

The personal data described above may be contained in documents of different formats, including printed or digital, such as copies of: personal birth certificate and that of economic dependents, current official identification (voter credential issued by the INE, passport, released national military service identity card; immigration document or driver's license), marriage certificate, if applicable, tax returns, tax withholding sheet, Federal Taxpayer Registry identification card, registration card with the CURP, CSF, account statements, proof of address, water rights payment receipt, property tax payment receipt, or electricity supply service payment receipt; internet, studies certificates, IMSS receipts; the account number of the Retirement Fund Administrator (AFORE), if applicable; Certificate of Work Skills; curriculum vitae; criminal record letter and letters with work references, as well as information about trustees and/or beneficiaries of trusts and real estate properties.

4.- PURPOSES.

At Tropicasa we process your personal data for the purpose of providing our services, complying with the obligations arising from our commercial and/or legal relationships, as well as labor, that we establish with you and that are PRIMARY PURPOSES, which include:

1. A) Regarding our Clients.

1. I) Determine the feasibility of starting a professional and/or commercial relationship with you.
2. II) Enter into a service provision contract, addendum, agreements, annexes, etc.

III) Provide the services retained by you.

1. IV) Advertise, promote and publish your real estate properties through print, digital and social media, in person, at events and presentations.
2. V) Negotiate and coordinate your real estate transactions (purchase and sale) with internal agents and other real estate agencies, depository companies (Escrow), banks and fiduciary institutions, closing coordinator attorneys, public notaries and public agencies, appraisers and inspectors.
3. VI) Register you in our customer database and integrate the physical and digital records of your real estate transactions.

VII) Provide consultancy on various operations in general legal matters and in real estate matters.

VIII) Manage payment for services and/or commissions.

1. IX) Manage digital invoices or tax receipts.
2. X) Video surveillance for security and control of damage and losses.
3. XI) Maintenance of physical, electronic and processing safeguards of personal data to comply with legal requirements.

XII) Market studies and comparisons.

XIII) Coordinate the preparation and/or preparation of real estate appraisals.

XIV) Invitations to events.

1. XV) Promotions.

XVI) Quality in the service or product.

XVII) Comply with applicable law.

XVIII) Manage access to our website.

1. B) Regarding our Employees and Collaborators.

1. I) Management of the recruitment and selection process of personnel.
2. II) Carry out reviews of personal data and verifications of the information provided, as well as request and provide employment references, conduct socioeconomic studies and statistical reports, whether through third parties or internally.

III) Enter into the individual employment contract, where applicable, the confidentiality agreement and other ancillary contracts that may be necessary or convenient derived from the applicable law or in addition to your work or your functions.

1. IV) Manage your personal data for the processes that allow the operation of Tropicasa.
2. V) Comply with the individual employment contract.
3. VI) Manage the payment of invoices, receipts for fees, as well as salaries, commissions, remuneration, taxes and contributions and other staff benefits.

VII) Administration and management of bank account numbers - credit or debit - for the payment of payroll through electronic transfers of funds to your bank account.

VIII) Administration of social security benefits.

1. IX) Management of procedures provided for in labor, tax, social security and immigration law, for the fulfillment of obligations related to employees, including affiliation with the IMSS, INFONAVIT and/or SAR, payment of employer-employee contributions to the IMSS, INFONAVIT and SAR, withholdings, payments and payments of taxes and contributions, file retention; as well as other administrative procedures at the federal and local levels, involving, among other agencies, the Federal Institute for Access to Information and Personal Data (IFAI), the Ministry of Labor and Social Security (STPS), the Ministry of Finance and Public Credit (SHCP), the Tax Administration Service (SAT), the National Migration Institute (INM), the Ministry of Public Education (SEP), the Federal Labor Defense Office (PROFEDET); the National Workers' Housing Fund Institute (INFONAVIT), the Mexican Social Security Institute (IMSS), the National Commission for the Retirement Savings System (CONSAR), the Federal Board of Conciliation and Arbitration, as well as local authorities such as the Local Board of Conciliation and Arbitration of the different federal entities.
2. X) Membership of real estate associations such as AMPI (Mexican Association of Real Estate Professionals) and, where appropriate, national and foreign real estate associations.
3. XI) Execution of personnel administration processes.

XII) Incorporation of information on websites, institutional email addresses, business cards and others necessary for the correct provision of Tropicasa services.

XIII) Management of the allocation and use of assets and work tools, and other resources of Tropicasa, including computer systems, telecommunications equipment and institutional email accounts, with their corresponding access controls, and Wi-Fi internet.

XIV) Monitoring of attendance, vacations, disabilities and control of physical and logical access to facilities, technological resources and security of Tropicasa.

1. XV) Video surveillance for security purposes and damage and loss control, and

XVI) Comply with applicable legal requirements and respond to requests from competent authorities.

XVII) Comply with applicable law.

1. C) Regarding our Agents.

1. I) Management of the recruitment and selection process.
2. II) Carry out reviews of personal data and verifications of the information provided, as well as request and provide professional references.

III) Enter into the commission contract, where applicable, the confidentiality agreement and other ancillary contracts that may be necessary or convenient derived from the applicable law or in addition to their functions.

1. IV) Manage your personal data for the processes that allow the operation of Tropicasa.
2. V) Comply with the commission contract.
3. VI) Management of the payment of invoices, receipts for fees, commissions, and taxes.

VII) Administration and management of bank account numbers – credit or debit – for the payment of commissions through electronic transfers of funds to your bank account.

VIII) Membership of real estate associations such as AMPI (Mexican Association of Real Estate Professionals) and, where applicable, domestic and foreign real estate associations.

1. IX) Incorporation of information on websites, social networks, institutional email addresses, business cards and others necessary for the correct provision of Tropicasa services.
2. X) Management of procedures provided for in tax and immigration law, including withholdings, payments and taxes and fees, file retention; as well as other administrative procedures at the federal and local level, involving, among other agencies.
3. XI) Management of the authorization of use of assets, equipment, facilities and other resources of Tropicasa, including computer systems, telecommunications equipment and institutional email accounts, with their corresponding access controls.

XII) Monitoring of guards and control of physical and logical access to facilities, technological and security resources of Tropicasa.

XIII) Video surveillance for security purposes and damage and loss control.

XIV) Comply with applicable legal requirements and respond to requests from competent authorities.

1. XV) Comply with applicable law.

Additionally, we will process your personal data for SECONDARY PURPOSES, which do not give rise to or are not necessary for the legal and/or commercial relationship that we establish with you, which include:

1. A) Regarding our Clients

1. I) Assess the quality of our services.
2. II) Send notifications of offers, notices and/or advertising, promotional, commercial prospecting or marketing messages, in print and electronic media.

III) Use the different services of the Tropicasa Website.

1. B) Regarding our Employees and Collaborators.

1. I) Manage the sending of communications with notices, messages, news, invitations to events, through printed, electronic, telephone and/or in-person means for advertising, promotional, commercial prospecting or marketing purposes, unless you expressly state your wish not to receive them.

1. C) Regarding our Agents.

1. I) Manage the sending of communications with notices, messages, news, invitations to events, through printed, electronic, telephone and/or in-person means for advertising, promotional, commercial prospecting or marketing purposes, unless you expressly state your wish not to receive them.

5.- CONSENT OF THE OWNER.

For the purposes of the provisions of the Ordinances, you hereby declare: i) that this Notice has been made known to you by Tropicasa prior to the collection and/or processing of your personal data, ii) that you have read, understood and agreed to the terms expressed in this Notice for the collection and processing of your patrimonial, financial and/or sensitive data, therefore, if you provide them, you will include your name and signature at the bottom of the relevant privacy notice , that is, the comprehensive privacy notified, the simplified privacy notice, or the short privacy notice, or you will express your consent through the dialog boxes that may be enabled on our Website. The above, based on articles 8 and 9 of the LFPDPPP, as well as articles 11, 12, 14, 15 and 16 of the Regulation, without prejudice to the exceptional cases provided for in articles 10 and 37 of the LFPDPPP that authorize us to process your personal data and transfer it in order to comply with our obligations in legal, contractual terms, or by virtue of the legal relationship, present and/or future, that we have or that we will have with you.

For the collection, processing and transfer of your personal data, which are not financial, patrimonial, or sensitive, you will provide us with your tacit consent in the terms of this Notice by not objecting or opposing its content within the following 48 hours after your personal data is collected and this notice is made available to you by different means, including publication on our website.

6.- DATA TRANSFERS TO THIRD PARTIES.

In order to comply with our legal, commercial and/or labor obligations, at Tropicasa, we need to share your personal data with each other and with Third Parties both in Mexico and abroad with whom we have signed agreements. The third parties that receive your personal data are obliged by virtue of the corresponding contract to maintain the confidentiality of the personal data provided by Tropicasa and to observe this Notice.

Tropicasa may transfer your personal data to its subsidiary companies that are part of the same corporate group and that operate with the same internal processes and policies.

7.- PROCEDURE TO EXERCISE ARCO RIGHTS AND REVOCATION OF CONSENT.

At any time you have the right to Access, Rectify and Cancel your personal data, as well as to Oppose the processing of the same or to revoke your consent regarding the processing for certain purposes - including secondary purposes - that you have previously authorized, either directly or through your legal representative, for which you must submit the corresponding request via email info@tropicasa.com, with the information and documentation indicated below:

1. Full name, address and email address - to communicate the response to your request.
2. Documents proving your identity - simple copy in printed or electronic format of your voter ID issued by the National Electoral Institute, passport or Visa, as appropriate, or, where appropriate, public deed containing the legal representation of your principal - simple copy in printed or electronic format of the simple power of attorney with your autograph signature, that of two witnesses and the agent, with their corresponding official identifications - voter ID issued by the National Electoral Institute, passport or Visa.
3. Clear and precise description of the personal data with respect to which you seek to exercise any of the ARCO rights; and
4. Any other element or document that allows or facilitates the location of your personal data.

In the case of requests for access to personal data, Tropicasa will proceed with the delivery of your information, via electronic means, after proving your identity or that of your legal representative, as appropriate.

In the case of requests for rectification of personal data, you must also indicate the modifications to be made and provide the documentation that supports your request.

Tropicasa will respond to you within a maximum period of twenty days, counting from the date on which it receives your request for access, rectification, cancellation or opposition, the determination it adopts, so that, if appropriate, it is made effective within fifteen days following the date on which it communicates its response to you. In all cases, Tropicasa's response will be provided to you by the means you have chosen when submitting your request, or where appropriate, by any other means agreed with you. The aforementioned deadlines may be extended once for an equal period, provided that the circumstances of the case justify it, as provided for in the LFPDPPP.

The delivery of personal data will be free of charge, you will only be responsible for covering the justified shipping costs or the cost of reproduction in copies or other formats. In the event that you repeat a request in a period of less than twelve months, you must cover the corresponding costs in terms of the LFPDPPP, unless there are substantial modifications to the privacy notice that motivate new consultations.

For the reception, registration, attention and response of requests to exercise your ARCO rights and other rights provided for in the LFPDPPP, we make available to you the Privacy Department, who you can contact at the offices indicated in section 8, or through our website, or via email.

In the event that the information provided in your request is incorrect or insufficient, or the corresponding supporting documents are not included, we may request that you, within five days of receiving your request, provide the elements or documents necessary to process it. You will have ten days to respond to our request, counted from the day after you receive it. If you do not respond within this period, the corresponding request will be deemed not submitted.

8.- PRIVACY DEPARTMENT.

For any questions you may have regarding the protection of your personal data, please contact our Privacy Department at: Pulpito 145-A / Olas Altas, in Puerto Vallarta, Jalisco, Postal Code 48380, Mexico, email info@tropicasa.com.

9.- LIMITATION OF USE AND DISCLOSURE OF INFORMATION.

Tropicasa will retain your personal data for as long as necessary to manage the commercial, labor and/or legal relationship with you, as well as to maintain the records required by the LFPDPPP, its Regulations, the applicable commercial, administrative, labor, social security and tax law.

The personal data collected by Tropicasa is protected by appropriate administrative, technical and physical security measures against damage, loss, alteration, destruction or unauthorized use, access or processing, in accordance with the provisions of the LFPDPPP and its Regulations.

To limit the use and disclosure of your personal data, please send an email to our Privacy Department at info@tropicasa.com informing us of your request.

Collection of data when browsing the Tropicasa website

Tropicasa may collect personal data through its website, or by using automatic data capture tools. Among the automatic data capture tools used by Tropicasa on its websites are cookies, Web Beacons, and links in emails.

Use of Cookies.- The correct functioning of Tropicasa's websites requires the enabling of "cookies" in your Internet browser. Cookies are small data files transferred by the website to the hard drive of your computer or mobile device when you browse our website. In most browsers, cookies are automatically accepted by default; you can adjust your browser preferences to accept or reject cookies. Disabling cookies may disable various functions of Tropicasa's websites or cause them to not display correctly. If you prefer to delete cookies, you can delete the file at the end of each browser session.

Use of Web Beacons. - also known as Internet tags, pixel tags and clearGIFs - Tropicasa may use Web Beacons on its websites and in its HTML-formatted emails, alone or in combination with cookies, to collect information about the use of the Websites and your interaction with the email. The Web Beacon is an electronic image, called a single pixel (1x1) or GIF that can recognize information that is processed on your computer, such as cookies, the time and date when the site and its sections are viewed.

Links in Tropicasa emails.- Emails that include links that allow Tropicasa to know if you activated said link and visited the destination web page, and this information may be included in your profile.

Protection of minors, persons under interdiction or disabled persons: Tropicasa does not collect or process personal data of minors, persons under interdiction or disabled persons. In the event that Tropicasa considers that personal data has been provided by a minor, an incapacitated person or a person under interdiction, in violation of this Notice, we will proceed to delete such personal data as soon as possible. If you are aware that such personal data has been provided by a minor under 18 years of age, or by an incapacitated person or a person under interdiction, please send us an email to info@tropicasa.com.

10.- CHANGES TO THE NOTICE.

Tropicasa reserves the right to update this Notice in order to reflect changes in our data protection practices resulting from our continuous improvement process, as well as legal, regulatory and administrative changes that take place. We invite you to periodically review the content of the Privacy Notice on our Website, where we will publish the changes made together with the date of the last update.

Notice updated as of January 29, 2025.