By his/her own and personal right or through his/her legal representative, the
Titleholder may request OTLC, in the exercise of his/her rights, the Access
to the personal information that we possess and to the details of their
treatment, in addition to Rectify them in case they are inaccurate or
incomplete; Cancel them when they turn out to be excessive or unnecessary for
the purposes that justified their collection, or Oppose to the treatment of
these for specific purposes.
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I. Request. The Titleholder shall submit his/her ARCO
Rights Exercise Request, either in person or digitally (exclusively by
e-mail to
memberexperience@oasis-tlc.com. Such
request must be accompanied by the following information:
- A. Name of the Titleholder of the personal information.
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B.Documents proving the Titleholder's identity (voting
card, passport, military ID card, professional license, driver's
license, and immigration document).
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C. If applicable, name of the Titleholder's
representative and documents to prove his/her identity and personality.
To prove the identity of the representative, in the event of a natural
person, any of the following three options may be chosen: 1) the
presentation of a simple power of attorney signed before two witnesses,
attaching a simple copy of their official IDs; 2) by means of a public
instrument (document signed by a Notary Public); or, 3) by the
Titleholder and his/her representative testifying in appearance before
OTLC.
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D. An address or any other means to receive notifications.
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E. A clear and accurate description of the personal
information that wants to be rectified, cancelled, or opposed to its
process.
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F. Description of the right to be exercised or what the
Titleholder requests.
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G. If applicable, the documents or information that
facilitate the location of the personal information, including the area
responsible for the processing.
To obtain more information for cases in which the Titleholder is a minor or
is in a state of interdiction, it will be addressed as set forth in the
"PROCESS TO EXERCISE MY DPDP IN THE PRIVATE SECTOR". Learn how to
submit it by visiting
https://home.inai.org.mx/?page_id=3374
OTLC is obligated to receive the request of the ARCO rights exercise, at
the following address: Blvd. Kukulcan KM 6.5 Lote 1, Zona Hotelera, Cancún,
Quintana Roo, CP 77500.
It is important to consider that, should the request does not contain the
information described above, the responsible party may request the missing
information by means of a REQUIREMENT, which must be issued within a maximum
period of 5 (five) business days as of the day when the request was signed,
and the Titleholder will have 10 (ten) business days, after receiving the
notice, to provide the required information, otherwise the request will be
considered as not submitted.
When submitting your request, OTLC shall deliver an ACKNOWLEDGMENT stating
the date of receipt of the request.
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II. Response. OTLC will respond to the request by e-mail
or in person at the address indicated by OTLC for such purposes, within 20
(twenty) business days, as of the date when the request acknowledgment of
receipt is sent to the Titleholder or his/her representative.
Once the required documents have been submitted, OTLC will have the
obligation to inform the Titleholder or his/her representative, in order to
count the working days in which the request will be carried out.
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III. Resolution. When the request is admissible, in regard
to the personality and ownership of the ARCO Rights, and the Titleholder
and/or his/her representative have been informed of this, the terms to carry
out the requested shall be as follows:
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A. For data access: within a period of 15 (fifteen)
days from the affirmative response made by OTLC, the electronic
documents that guarantee your request will be sent by the same means you
make your request.
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B. For the rectification of the information: within a
period of 15 (fifteen) days from the affirmative response made by OTLC,
the electronic documents that guarantee the rectification will be sent
by the same means you used for your request.
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C. For the cancellation or opposition of the
information: first a blocking of the information will be made, from the
moment in which the matching of the required documentation was made;
access to personal information will be restricted to any person until
there is an answer to the request either affirmative or negative, in the
first case within a period of 15 (fifteen) days from the affirmative
response made by OTLC, and in the second case the unlocking of the data
will be made to continue with the processing.
The terms referred to in the preceding paragraphs may be extended only
once for an equal period if deemed necessary and upon prior notice made
by OTLC.
In accordance with Article 34 (thirty-four) of the Law, OTLC may deny
access to personal information, or to make the rectification or
cancellation or grant opposition to the processing thereof, in the
following cases:
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I. When the applicant is not the owner of the
personal information, or the legal representative is not duly
accredited to do so.
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II. When the applicant's personal information
is not found in the database.
- III. When the rights of a third party are harmed.
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IV.
When there is a legal impediment, or the resolution of a competent
authority, which restricts access to the personal information, or
when it does not allow the rectification, cancellation, or
opposition of the same
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V.
When the rectification, cancellation, or opposition has been
previously made.
It also provides that the refusal may be partial in which case, OTLC will
carry out the access, rectification, cancellation, or opposition required by
the Titleholder.
In all the above cases, OTLC must inform the reason for its decision and
communicate it to the Titleholder, or if applicable, to the legal
representative, within the deadlines established for such purpose, through the
same means by which the request was carried out, accompanying, where
applicable, the evidence that may be relevant.
The exercise of the "ARCO Rights" will be free of charge, but in the
event that what is stated in Article 35 of the Law takes place, that is to
say, the Titleholder reiterates his/her request in a period of less than 12
(twelve) months, the cost will be the result of the sum of 3 (three) times the
Unit of Measurement and Updating (UMA) in force at the time of the request and
the Value Added Tax, unless there are substantial modifications to the Privacy
Notice that motivate new Requests for the Exercise of the ARCO Rights.
All justified expenses resulting from shipping, reproduction in copies, or
formats will be at the expense of the Titleholder or his/her representative.