PRIVACY

Effective July 1, 2024
Privacy statement regarding the use of personal data made by Litibu Bay Club (hereinafter, together, “LBC”).

Collection of Information:
Our web server automatically recognizes a visitor’s domain name and IP address. We collect and store this information using cookies or other forms of collection technologies, as well as information on what pages you access or visit, information that you provide, such as survey information, site registrations, and any other information you may supply including information that is not publicly available. You may delete or disable certain collection technologies by selecting the appropriate settings in your browser, although it may affect the functionality of our website for you. Our site also permits you to request more information from us. Whenever you contact us via email or the registration section of our website or simply browse our website, you will be giving us your name, email address, and any information you choose to provide in the text of your message.

Use of Personal Information:
We use information to follow visitor traffic patterns to help us enhance usability of this website, for marketing purposes, and to improve the content of our website. We may also use your personal information for market research purposes, for project planning or for developing prospect lists for our existing and future communities. We do not sell the information to other organizations for commercial purposes. However, we do share certain information with our affiliates, partners, consultants, project broker, and marketing agents for purposes related to Litibu Bay Club and existing and future communities of our affiliated companies. In addition, we will disclose information that we maintain, including personally identifiable information, when required to do so by law. We may also do so in response to a request from a law enforcement agency or authority.

Children:
This website is not intended for children under 18 years of age. We do not knowingly collect personal information from children under 13. If you are under 18, do not use or provide any information about yourself to us on the website or on or through any of its features. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at info@litibubayclub.com.

Links:
This website may contain links to third-party websites for homebuilders, retailers, service providers and others, which are provided solely as a convenience to viewers and not as an endorsement of such parties or the contents of their websites. While we endeavor to only provide links to websites maintained by reputable organizations, you should be aware that these third parties might be able to gather information from and about you if you visit their websites. In these cases, those third parties will use such information in accordance with their own privacy policies, which may differ substantially from our policy. We assume no liability for the privacy practices of such other sites and are not responsible for the availability or content of, any off-site pages or any other sites linked to our website. Your linking to off-site pages or other sites is at your own risk.

Protection of Personal Information:
We are careful to maintain the security of any personal information we may receive from you and take care to prevent unauthorized access to it through appropriate technology and internal procedures. However, we do not guarantee that unauthorized access will never occur, and we are not responsible for the actions of third parties that lead to breaches of security. Any information that you transmit to us is done at your own risk. If at any time you do not want to receive emails, postal mail, or phone calls from us, please let us know by sending us an e-mail at info@litibubayclub.com. We reserve the right, at any time, to modify, alter, or update our policies, effective upon posting. In the event we modify our policies, your continued use of the site will signify your acceptance of the modified policy.

Notice of Privacy Rights of California Residents:
Litibu Bay Club has adopted a policy of not sharing your personally identifiable information with third parties for their direct marketing purposes if you request that we do not do so (“Opt-Out Policy”). You may make such a request by sending us an email at info@litibubayclub.com.

When contacting us, please indicate your name, address, email address, which Website, Application or line of business to which your request pertains, and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request.

If you are a California resident and have provided personal information to a business with an Opt-Out Policy and such business is required to respond to such requests, you may be entitled by law to request certain information regarding disclosures of personally identifiable information made by such business to third parties for the third parties’ direct marketing purposes during the immediately preceding calendar year (“Disclosure Request”). Such a business is not required to respond to more than one Disclosure Request per customer each year, or to respond to requests made by means other than through the contact information designated by the business for such purposes. However, please note that due to our Opt-Out Policy described in the preceding paragraph, we are not obligated by law to provide you with the requested information.

Correcting or removing your personal information/opt out:
To review or change your personal information collected by GBM Real Estate or Developers please send your request, including the Website or line of business to which your request pertains, to info@litibubayclub.com.

If you want to unsubscribe from an email list of Litibu Bay Club, please let us know by following the “Unsubscribe” instructions that are included in each promotional email from Litibu Bay Club. Please note that such requests may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your purchases, transactions, dealings with the Websites or Applications.

1) RESPONSIBLE ENTITY

Fideicomiso GBM Real Estate Litibu numero B-1723 (“GBM Real Estate”), with address at Lazaro Cardenas 303, Piso 29, San Pedro Garza Garcia, Mexico, 66260 is responsible for the collection of personal data of all clients or prospective clients of LBC (together, the “LBC Clients”), as well as for the use and protection of such data.

2) PURPOSES

Pursuant to article 15 of the Federal Law for the Protection of Personal Data in Possession of Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares; the “Data Protection Law”), in force as of July 6, 2010, LBC hereby discloses to all LBC Clients that it shall use all personal data provided to GBM Real Estate by all LBC Clients which are identified or identifiable natural persons, for the following purposes:

2.01 provide the goods or services that LBC Clients have purchased or may be interested in purchasing from the latter;
2.02 market other products or services offered by LBC;
2.03 update the registries and software installed either in LBC’s systems, or in those of LBC’s beneficiaries or in the beneficiaries, affiliates and/or subsidiaries of the latter, and
2.04 comply with all requirements made to LBC, to LBC’s shareholders or beneficiaries and/or to the shareholders, beneficiaries, affiliates and/or subsidiaries of the latter, by governmental authorities.

Within that set forth in this Section 2, those purposes included under paragraphs 2.01, 2.03 and 2.04 originated and are necessary for the legal relationships among LBC and its Clients.

3) DATA TO BE OBTAINED

For the purposes mentioned under Section 2, above, GBM Real Estate requires to obtain the name, nationality, address, tax identification number (if applicable) and e-mail address, of all LBC Clients. LBC does not obtain personal data of LBC Clients from publicly available sources, but may obtain some of the data listed above from data transfers as described in Section 6 below.

4) SAFETY MEASURES

GBM Real Estate, as the person responsible for the management of personal data of all LBC Clients, guarantees the adequate use of the latter as well as their protection and confidentiality; to such end, GBM Real Estate has implemented those administrative, technical and physical safety measures as necessary in order to comply with applicable regulations and with internal policies of LBC’s shareholders and beneficiaries and/or of the shareholders, beneficiaries, affiliates and/or subsidiaries of the latter.

5) EXERCISE OF ARCO RIGHTS

Pursuant to the Data Protection Law, as of January 6, 2012, all LBC Clients have the right to access, rectify and cancel their personal data in possession of GBM Real Estate as well as the right to oppose the use of such data for purposes other than those strictly necessary for the legal relationship among LBC Clients and the latter, or to revoke the consent which for purposes of using their personal data LBC Clients may have granted to LBC, by means of the procedures that GBM Real Estate has implemented (said rights, the “ARCO Rights”). In order to receive information on the procedures applicable to the exercise of the ARCO Rights, including the corresponding requirements and deadlines, LBC may refer to LitibuBayClub.com/Privacy.

5.01 The exercise of any of the ARCO Rights, as well as the revocation of consent with respect to personal data, shall be free of charge for all interested parties; the only costs that shall be covered by the latter for such purposes shall be, if applicable, those related to the delivery, copying and certification of documents.

5.02 Exercise of the ARCO Rights shall require prior identification of the interested party, as described in LitibuBayClub.com/Privacy.

5.03 GBM Real Estate shall respond to all requests regarding the exercise of any of the ARCO Rights within twenty business days of its receipt of the former; except in those cases where an extension to said term shall be applicable pursuant to the Data Protection Law.

5.04 The consent revocation procedure available to LBC Clients, which also applies to the exercise of any of the ARCO Rights, is available at LitibuBayClub.com/Privacy or can be sent prior request made to info@litibubayclub.com, or to the personal data department of GBM Real Estate, with address at Lazaro Cardenas 303, Piso 29, San Pedro Garza Garcia, Mexico, 66260.

5.05 The Club shall answer all consent revocation requests pursuant to the procedure described in LitibuBayClub.com/Privacy.

6) DATA TRANSFERS

Personal data of LBC Clients may be transferred and used within Mexico, by (i) the shareholders, beneficiaries, affiliates and/or subsidiaries of LBC, or (ii) by governmental authorities that regulate the former, for the same purposes as listed under Section 2, above. Every time that LBC should intend to transfer personal data of LBC Clients, it shall so notify them so that those who so wish may oppose such transfer; the foregoing except in those cases in which applicable law or regulations may allow for such transfer without the consent of LBC Clients.

7) NON-CONSENT

IF YOU SHOULD NOT CONSENT THAT YOUR PERSONAL DATA BE TRANSFERRED PURSUANT TO THIS PRIVACY STATEMENT, PLEASE SO INFORM THE LBC REPRESENTATIVE HELPING YOU OR CONTACT THE CLUB AT info@litibubayclub.com OR AT THE ADDRESS SET FORTH UNDER SECTION 8 BELOW.

8) NON-CONSENT

In the event that LBC Clients should wish to stop receiving promotional messages from the former, they may so instruct the personal data department of GBM Real Estate, through info@litibubayclub.com with address at Carretera Punta de Mita – Sayulita, Km 2 Punta de Mita, Nayarit 63734 Mexico.

9) AMENDMENTS TO PRIVACY POLICY

LBC reserves the right to amend, restate or update this privacy statement at any time, as a result of changes in legal or administrative provisions or in the internal policies of LBC, of LBC shareholders, beneficiaries and/or of the shareholders, beneficiaries, affiliates and/or subsidiaries of the latter. Said amendments or updates shall be found at LitibuBayClub.com/Privacy.