PRIVACY POLICY
In compliance with the provisions of Law 172-13 (the “Law”) and the other legal regulations that relate to it, CONSORCIO PUERTO PLATA PORT INVESTMENTS/PROMOCIONES TURÍSTICAS MAHAHUAL (the “Company”) or (the “Responsible”), residing for the purposes of this notice at AVENIDA PENETRACION AL MUELLE ESQ ANTIGUA VIA FERREA, IN THE LA VIARA SECTOR OF THE CITY OF SAN FELIPE IN PUERTO PLATA. CP 57000, DOMINICAN REPUBLIC, makes this privacy notice available to you, by virtue of which it will permanently seek that the processing of your personal data (hereinafter the "Personal Data") is legitimate, controlled and informed, with the purpose of guaranteeing the privacy of your Personal Data and the right to informational self-determination.
This Privacy Notice explains the privacy policies and practices that apply in the COMPANY in relation to the processing that we do with your Personal Data (with the understanding that processing is the obtaining, use, disclosure and storage of said data) and the measures that the COMPANY takes to protect your Personal Data. Please read this Privacy Notice carefully, by knowing it you are aware of it and agree with the terms and scope of the processing of your Personal Data. You expressly consent to the processing of your Personal Data, when you provide information to the COMPANY through any means. If you do not agree with the privacy policy contained in this notice, do not provide any information to the COMPANY or its representatives.
Any sending of information that you make to any of the public areas of the Website will be public data and will not be considered as Personal Data provided to the COMPANY. In these cases, the COMPANY will not have control and will not be responsible for the actions of other users of the Website or of clients with respect to any information that they put in public areas. The transfer of personal data to third parties is made only if you have consented it or when your consent is not required in terms of Applicable Law. This Privacy Notice is aimed at the COMPANY’S clients, who visit this website.
1. PERSONAL DATA
Personal data is considered as any information concerning an identified or identifiable natural or legal person.
2. PERSONAL DATA OBTAINED BY THE COMPANY:
For the purposes established in this Privacy Notice, the COMPANY may obtain the personal data referred to below:
- A. Identification data: information that makes it possible to differentiate a person from other individuals. These data include name, title, autograph signature, electronic signature, copy of the document that proves your identity.
- B. Contact information: information that allows us to keep in touch with you. These data include your address, tax address, address for the purposes of making deliveries, email, home phone or other contact phone.
3. PERSONAL DATA OBTAINMENT
The COMPANY can obtain your data in the following way:
- When you register to access and use the Website
- When you register on the Website to receive information and promotions
- When you purchase products or services through the Website or in the stores of the COMPANY.
- When you contact the COMPANY, through the Website, one of the COMPANY branches, or through the Customer Service Center Email: info@porttainobay.com. Regardless of the reason of the communication.
- When you participate in a promotion or survey
The COMPANY may automatically obtain certain information when you visit the Website. This information includes the IP address associated with your computer equipment and the operating system you use, the web page from which you were linked to our Website, your activity within the Website, the date and time you visited our Online Store and your purchases . This information can be obtained through the use of "Cookies" and "Web Beacons".
The COMPANY may also obtain information from you indirectly when it is provided to us by third parties with whom we have contracted to support us in specific processes. These processes include correcting records, fraud prevention services, and offering special offers or products.
4. USE OF PERSONAL DATA
The purpose of the processing of your Personal Data is the following:
- A. When you interact on third party social networks, (i.e., using functions such as "Like"), to serve you advertisements and to direct us to you on social networks. You can obtain more information about how these functions work, the profile data that we obtain from you, and learn how to exclude these functions, by accessing the privacy policies of the main social networks.
- B. With your consent (when necessary), we will process your Personal Data to (i) analyze your preferences and habits, (ii) anticipate your needs based on the analysis of your profile, (iii) improve and personalize your experience on our websites and apps, (iv) ensure that the content of our websites and apps is optimized for you and your computing devices, (v) facilitate to you advertising and content oriented towards your tastes and/or needs, and (vi) allow you to participate in interactive functions, if you wish. For example, we will remember your username/email or username so that you can quickly access the next time you want to visit our Website or when you want to easily retrieve items previously added to your shopping cart. The use of Personal Data is voluntary, which implies that you can object to the processing of your Personal Data (or withdraw your consent) for this purpose.
- C. Manage your account (online registration). This purpose includes processing your Personal Data for billing purposes; process product returns; keep a history of your transactions; manage loyalty, discount and rewards programs; carry out clarifications and investigations.
- D. Communicate with you for different reasons related to your purchase including aspects related to the delivery of your order, notify you of the withdrawal of products or security aspects.
- E. For Marketing Purposes. We may send you publications, surveys, or promotional information of various kinds such as coupons, offers (including personalized offers), and product recommendations (the "Promotional Information"). Please consider that sending you Promotional Information is not an activity that the COMPANY considers essential to maintain its relationship with you. If you prefer not to receive Promotional Information from the COMPANY, we ask you to let us know. You can contact us at any time to refuse the reception of Promotional Information. The fact that you decide not to receive Promotional Information will not affect the possibility of receiving from the COMPANY the services or items that you request from us.
5. TRANSFER OF PERSONAL DATA
The COMPANY shall not sell, lease or rent your Personal Data; however, it could share or transfer them to or with the following third parties:
- a. Service Providers. The COMPANY can send your Personal Data to companies that provide some sort of service to the COMPANY. These services are provided for the COMPANY under the terms and conditions contained in the corresponding services agreement.
- b. Third parties that use Personal Data based on legal motifs. The COMPANY can share Personal Data based on legal motifs.
- c. Authorities. The COMPANY may share your Personal Data in compliance with the applicable legal requirements and/or in compliance with the instructions given by Law No. 172-13 “Personal Data Protection Law”.
- In any event, any and every third party which may be a party on the transfer of the mentioned Personal data shall be deemed to acknowledge the content of the present notice and to be obliged under its terms and conditions.
Whilst these companies or service providers may be located outside the Dominican Republic, these transfers may imply an international transfer of Personal Data.
If you do not agree on these transfers, we kindly request to avoid navigating and using our website.
6. AMENDMENTS OR MODIFICATIONS
In the event of any modification on the process of your Personal data, the content of this notices will be updated accordingly. The COMPANY has the right to make any and all changes or amendments at any time, therefore, we strongly request that you re-visit this notice frequently to be aware of any changes or updates.
FREE "WIFI SERVICE" PRIVACY NOTICE (CAPTIVE PORTAL / ZOOX PLATFORM)
Preamble
This section complements the general Privacy Notice of CONSORCIO PUERTO PLATA PORT INVESTMENTS / PROMOCIONES TURÍSTICAS MAHAHUAL (the “Company” or “Taino Bay”) and applies specifically to the free wireless internet access service (WiFi) offered at the port facilities (hereinafter, the WiFi Service) through a captive registration portal, operated through the technological platform “ZOOX SOLUÇÕES EM TECNOLOGIA LTDA” (Zoox).
In case of conflict between this section and the general Notice, the provisions herein shall prevail regarding the WiFi Service.
Definitions
- Company: “Consorcio Puerto Plata Port Investments / Promociones Turísticas Mahahual” Data Controller in accordance with the provisions of Section 4 and this Notice; as well as its subsidiaries, affiliates, parent company, and other related companies participating in the operation of the port facility and the WiFi Service, to the extent that they intervene in the processing described herein.
- Consent: The free, express, and unequivocal manifestation of the User's (Data Subject) will for the processing of their Personal Data.
- Personal Data: Any information concerning identified or identifiable natural persons, in accordance with the definition of Art. 6 of Law No. 172-13.
- Captive Portal: The web interface through which the User registers to access the WiFi Service, and through which the consents described in this Notice are collected (Zoox Platform).
- Port: Refers to the port facility where the WiFi Service is offered, in this case “Taino Bay Port”.
- WiFi Service: the free wireless internet access service (WiFi) offered by the Company at the facility.
- Processing: any operation or set of operations performed on Personal Data, such as its collection, storage, use, analysis, transfer, or deletion.
- User: (Data Subject) Person who visits the Port and connects to the WiFi Service (defined term).
- Zoox: “ZOOX SOLUÇÕES EM TECNOLOGIA LTDA”, provider of the technological platform on which the Service operates, independent data controller for its own processing in accordance with Section 1.
1. Data Controller and Participation of Zoox
GENERAL INFORMATION OF THE DATA CONTROLLER: The company “Consorcio Puerto Plata Port Investments / Promociones Turísticas Mahahual” (hereinafter, the “Company”), with its address at Avenida Penetración al Muelle esq. Antigua Vía Férrea, San Felipe de Puerto Plata, CP 57000, Dominican Republic, will manage the database and is committed to the correct handling, administration, and conservation of the information received from Users. Contact email: info@porttainobay.com.
The Company is responsible for the processing of Personal Data provided by visitors as "Users" of the Port, when registering on the portal to access the free WiFi Service, for its own purposes described in this section.
The service is provided on the Zoox platform, which acts as a third party in the processing of the data of registered users under the WiFi Service, for its own purposes as a platform provider. Zoox operates under its own policy “Zoox Wi-Fi Product Privacy Policy and Terms of Use”, autonomously and for its own purposes, unilaterally determined by Zoox.
Each party is exclusively responsible for the processing of Personal Data it carries out under its own control and for its own purposes, as described in this Notice and in Zoox's documentation, respectively, available at https://campanhas.zooxsmart.com/privacy-policy. This assignment of responsibilities does not generate joint liability for the Company towards Zoox.
To exercise their rights or submit inquiries specifically related to the processing that Zoox carries out for its own purposes, the User must contact Zoox directly, in accordance with the contact channels indicated in its independent Privacy Policy.
2. Information Processing Policies
Through the information processing policies, the Company intends to ensure the correct use of the information collected based on what is established herein, and in accordance with current information protection policies and applicable legislation.
The information, including Personal Data provided through the portal for access to the WiFi Service, may be outsourced to providers related to said service, in accordance with the privacy policies and notices prepared and published by each company.
3. Personal Data Collected Through the WiFi Service
A. Data requested from the User and declared at the time of registration for the WiFi Service:
- Full name
- Email address (used as a unique identifier)
- Age
- Nationality
- Cruise line / cruise ship on which they are traveling
- Number of companions (optional question)
B. Data requested from the User during/after accessing the WiFi Service:
Responses to satisfaction surveys (NPS) that may be shown during or after connection. Questionnaires and satisfaction surveys are voluntary.
C. Electronic logs automatically collected when connecting to the WiFi Service:
- IP address
- Device MAC address (device identifier; may be randomized)
- "User agent" (browser type and device/operating system)
- Date and time of connection and disconnection
- Download/upload data volume
IMPORTANT: The Company does not have access to the content you browse, download, or upload during connection.
4. Purposes of Processing
The data collected through the WiFi Service is processed by the Company for the following purposes:
- a) Enable and provide access to the WiFi Service for free.
- b) Identify and authenticate the User to streamline future reconnections.
- c) Comply with applicable legal obligations regarding: conservation of information (traffic, connection, and access data, when applicable); application of security measures for protection; responding to properly formulated authority requests.
- d) Measure and analyze in aggregate the demographics and behavior of Users visiting the port, for: i) statistical purposes; ii) service improvement; iii) operational and commercial decision-making; iv) other of a similar nature, by the Company.
- e) Measure User satisfaction (NPS).
4.1 Likewise, the Personal Data captured through the WiFi Service may be used by the Company for targeted advertising, remarketing, and audience segmentation purposes (the “Complementary Purposes”), subject to the User's express consent, which is collected by the Company through a checkbox in the registration window of the WiFi Service portal, presented independently of the acceptance of the General WiFi Service Terms and Conditions of Use.
The User may withdraw the consent granted for the Complementary Purposes at any time by emailing info@porttainobay.com.
5. Legal Basis and Consent
- a) For access to the WiFi Service (Section 4), the processing is based on the express consent that the User grants by registering and accepting this Notice, the WiFi Terms and Conditions of Use in the captive portal, and in accordance with these, the collection of their Personal Data.
- b) Regarding the Complementary Purposes, such as targeted advertising, remarketing, audience segmentation, and conversion tracking (Section 4.1): the processing of Personal Data is based exclusively on your express, specific, and separate consent, granted through an independent option in the captive portal. This consent is independent of the one granted for the WiFi Service, is not a condition for accessing it, and can be withdrawn at any time without affecting the access already granted, by writing to info@porttainobay.com.
- c) For the retention of connection logs (Section 7): these will be kept without deletion for a period of 1 year. The logs will only be made available to third parties by the Company upon formal request of a competent authority for such purposes.
- d) Regarding the processing that Zoox carries out for its own purposes (Section 1): such processing is governed by the legal basis and consent mechanism established by Zoox in its own Privacy Policy, for which the Company is not responsible.
If the User does not agree with the processing described in literals (a) and (d) of this Section, please refrain from registering and using the WiFi Service. The refusal to grant consent described in literal (b) does not prevent you from using the WiFi Service.
6. Data Transfer and Storage
The Personal Data collected through the WiFi Service will be shared with Zoox, in its capacity as platform provider and independent controller of its own processing (Section 1), which acts in accordance with its own Privacy Policy, available at https://campanhas.zooxsmart.com/privacy-policy. Zoox may perform international storage of Personal Data delivered by the User to the Company.
Such transfer will be based on the need to execute the WiFi Service accepted at the time of registration, and on your express consent to this Notice. Zoox will act as an independent controller to the Company regarding the processing, with the responsibility of having the international transfer mechanisms that are applicable in accordance with its own regulations and those of the data subjects whose data it processes.
7. Personal Data of Minors
The WiFi Service requires the registering person to be over 18 years old. By registering, the User declares and confirms that they are of legal age, or that they are registering access on behalf of and under the direct supervision of a minor in their care, accepting this Notice on their behalf.
If the WiFi Service is used by a minor under the registration of their parent or guardian, the connection data generated by the minor's device will be processed solely for the purposes of providing the WiFi Service (legal compliance and aggregate analysis). The processing of such data for the provisions of Section 4.1 (advertising and remarketing purposes) will not apply to the registration made on behalf of a minor, unless the parent or guardian expressly grants the corresponding consent described in Section 4.
In the event that a minor has registered independently and without authorization from their parent or guardian, please contact us at info@porttainobay.com to request the deletion of their data and exclusion from any further processing.
8. Conservation Period (Duration of Processing)
Registration data is kept as long as your account remains active on the platform. Connection logs will be kept for a period of 1 year, in compliance with applicable regulations in the Dominican Republic.
When there is no longer a legal basis justifying the processing, Personal Data will be deleted securely, except for those that must be kept due to legal obligations.
9. Rights of the Data Subject (ARCO)
The User (ARCO rights holder) has the right at all times to access, rectify, cancel/delete, and object to the processing of their Personal Data.
- Access: to know what Personal Data is being processed, its origin, purpose, and to whom it has been transferred.
- Rectification and update: to request the correction of inaccurate or outdated data.
- Cancellation/deletion: to request the deletion of their data when its processing does not comply with the law or when it is no longer necessary for the purpose for which it was collected.
- Objection: to object to the processing of their data for specific purposes, particularly targeted advertising, remarketing, and segmentation.
To exercise these rights or withdraw your consent, contact the Company at info@porttainobay.com, identifying yourself with the email address registered on the WiFi.
10. Modifications
This Notice may be updated by the Company at any time when processing practices and/or applicable legislation change. The User is recommended to consult it periodically.
11. Applicable Legislation and Regulations
The processing of your Personal Data to be carried out directly by the Company under this Notice is governed by the following regulations, each applicable based on its own criteria of subjection:
- a) Law No. 172-13 on the Protection of Personal Data of the Dominican Republic, as the base regulation and of direct application, since the Dominican Republic is the place where the port facility is located and where you physically access the WiFi Service (Section 4).
- b) Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP) of Mexico, of direct application regarding the processing of Personal Data, including audience analysis and sending of marketing communications (Section 4.1).
- c) The General Data Protection Regulation of the European Union (GDPR) and the privacy laws of the United States applicable according to the jurisdiction of the data subject, which the Company voluntarily adopts as a reference standard to elevate its level of data protection — without this implying an acknowledgement that such regulations are mandatory for the Company, unless the criteria of territorial or material applicability specific to each of them are met.
In the event of conflict or divergence between these regulations regarding the same processing, the standard offering the greatest protection to the data subject will apply. Zoox's policies are independent of those established by the Company, and the applicable legislation and regulations will be those established in its own notices and information.