Who we are
Instinto de Gira S.A.S. de C.V. Our websites’ addresses are: https://tourinstinct.com; https://tourinstinct.com.mx.
Last update: October 2021
This privacy notice concerns Tour Instinct. We encourage you to read this Privacy Notice carefully, and to regularly check this page to review any changes we might make. In it you will find relevant information about the handling of your personal data, what we use it for and how we protect it.
We want you to know Tour Instinct will never sell, lease, or rent your Personal Information to ensure your privacy is protected.
“Personal Information” means information from which any individual is directly or indirectly identifiable.
“Process”, “Processing” or “Processed” means anything that is done with any Personal Information, whether by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
“Controller” means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the Controller.
DATA WE MAY COLLECT
We may Process the following categories of Personal Information about you:
- Personal details: your name.
- Demographic information: gender; age/date of birth; nationality; salutation.
- Contact details: postal address; telephone and/or mobile number; email address.
- Consent records: records of any consents you may have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
- Purchase and payment details: records of purchases and prices; invoice records; payment records; billing address; payment method; cardholder or accountholder name; payment amount; and payment date.
We may also collect:
- Information about your use of the services, such as usage data and statistical information, which may be aggregated.
- Searches for and interactions with e-commerce opportunities, such as merchants and offers contained in the services.
- Information collected through the use of cookies, eTags, Javascript, pixel tags, device ID tracking, anonymous identifiers and other technologies, including information collected using such methods and technologies about (i) your visits to, and interaction and engagement with, the services, content and ads on third party websites, applications, platforms and other media channels (“Channels”), and (ii) your interaction with emails including the content and ads therein (collectively, “Online Data”).
- Web Beacons, which are electronic files that allow a website to count users who have visited that page or to access certain cookies.
- Pixel Tags, also known as clear GIFs, beacons, spotlight tags or web bugs, which are a method for passing information from the user’s computer to a third-party website.
SENSITIVE PERSONAL INFORMATION
We do not collect or otherwise process Sensitive Personal Information about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual preference, any actual or alleged criminal offenses or penalties, or any other information that may be deemed to be sensitive (collectively, “Sensitive Personal Information“) in the ordinary course of our business except where we are explicitly given consent to support the booking process.
Children. The services are not intended for use by children, especially those under 18. No one under the age of 18 should provide any Personal Information or use our public discussion areas, forums, or chats. Minors under the age of 18 are not permitted to make purchases through the services or to obtain coupons or codes from the services to purchase goods or services on third party websites.
HOW WE COLLECT INFORMATION
We may collect Personal Information about you from the following sources:
- Data you provide: We may obtain your Personal Information when you provide it to us across our services (e.g., where you sign up for emails; receive promotional information by email; participate in surveys; perform search queries through the services; contact us via email, telephone or by any other means; purchase a subscription or product; or when you provide us with your business card, etc.).
- Relationship data: We may collect or obtain your Personal Information in the ordinary course of our relationship with you (e.g., if you purchase a service from us).
- Service data: We may collect or obtain your Personal Information when you visit, download, use or register to use any part of our Service.
- Content and advertising information: If you choose to interact with any third-party content or advertising services, we may receive Personal Information about you from the relevant third party.
- Third party information: We may collect or obtain your Personal Information from third parties who provide it to us. This may include offline channels such as through telephone or direct mail efforts; from customers, vendors, suppliers, third parties, commercially available or publicly available sources (e.g., data brokers, data aggregators, public databases, etc.); third party affiliate network operators; referral sources; social network sites or services (e.g., Facebook, Twitter, LinkedIn, etc.). If you use a third party connection or log-in (e.g., Facebook Connect, Twitter, or Google+) to access the services, create a membership or profile on any part of the services, access our content or forward our content to another person, platform or service, we may also receive your username or email address for those third party services or other information available about you or collected from you on those services.
VIDEO SURVEILLANCE
When you visit our facilities, you will notice that we have implemented CCTV systems to register the activity in public areas. These video records will not be shared outside of Tour Instinct unless there is a valid legal or government requirement to do so.
PURPOSES OF DATA PROCESSING
The purposes for which we may Process Personal Information, subject to applicable law, include:
- Accounts and Personalization: providing personalization for services from Tour Instinct or its partners including (i) management of your account, (ii) posting of your personal reviews, testimonials, or comments, (iii) offering of contests, as well as chat areas, and (iv) customer support and relationship management.
- Offering and improving the services: operating and managing the services for you; providing personalized content to you; communicating and interacting with you via the services; identifying issues with the services and planning improvements to or creating new services; and notifying you of changes to any of our services.
- Surveys: engaging with you for the purposes of obtaining your views on our services.
- Communications: communicating with you via any means (including via email, telephone, text message, social media, post or in person) regarding news items and other information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required. We may provide direct marketing to you.
- Advertising: providing advertising based on your interests and interactions with the services and channels, including using Personal Information to serve you advertisements on the services and Channels.
- User Engagement and Purchases: tracking purchase traffic and activity across the Service and on Channels, including review of your browsing history (if available).
- Commerce Offerings: using cookies to track your browsing history and the amount of money spent at a particular third-party merchant’s site to offer coupons and other offers that are relevant to your shopping experience; offering of coupons via email if it is provided.
- Marketing to Customers: We may market to current and prospective customers who have indicated an interest in doing business with us, or have previously conducted business with us, to further generate and promote our business. Such efforts include sending marketing emails or conducting phone calls to drive the purchase of services.
- IT Administration: compliance audits in relation to internal policies; identification and mitigation of fraudulent activity; and compliance with legal requirements.
- Legal Compliance: Subject to applicable law, we reserve the right to release information concerning any user of services when we have grounds to believe that the user is in violation of our Terms and Conditions or other published guidelines or has engaged in (or we have grounds to believe is engaging in) any illegal activity, and to release information in response to court and governmental orders, other requests from government entities, civil subpoenas, discovery requests and otherwise as required by law or regulatory obligations. We also may release information about users when we believe in good faith that such release is in the interest of protecting the rights, property, safety, or security Tour Instinct, any of our users or the public, or to respond to an emergency.
USE AND PERSONAL DATA DISCLOSURE
We may have to share your personal data with the parties set out below for the purposes set out above.
- Service Providers:
- Other companies working with Tour Instinct acting as processors or controllers who provide the services that make up any booking of travel services that you make with us.
- Suppliers of tours, excursions, car rentals and travel services acting as processors or controllers who provide the services that you booked with us.
- Marketing companies to send information and offers on our behalf.
- Other companies that provide IT and System administration services.
- Third Parties:
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services.
- Regulatory and governmental bodies and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
- Third parties to whom we may choose to transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
- Businesses who we have a partnership with to provide related services to our customers.
We require all service providers and third parties to respect the security of your personal data and to treat it in accordance with the law.
We do not allow our third parties and service providers to use your personal data for their own purposes without your consent and only permit them to process your personal data for specified purposes and in accordance with our instructions.
INTERNATIONAL DATA TRANSFER
Because of the international nature of our business, we may need to transfer your Personal Information within Tour Instinct business partners, and to third parties, in connection with the purposes set out in this Privacy Notice. For this reason, we may transfer your Personal Information to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located. Transfers of Personal Information almost always occur so that we may conclude a contract to provide you with services. Having a contractual relationship is a permissible reason for transferring Personal Information in all countries with privacy regulations.
In accordance with the above, we may send your Personal Information to the following countries where Tour Instinct has partnership with services providers:
- United States of America
- Mexico
- Canada
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data. Contact details can be found at the bottom of this Privacy Notice.
DATA PROTECTION
- We have implemented appropriate organizational security measures designed to protect your Personal Information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of Processing, in accordance with applicable law. In certain instances, we may use certain Personal Information to provide protection. However, we are not responsible for any breach of security or for the actions of any third parties.
- Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement reasonable measures to protect your information, we cannot guarantee the security of your data transmitted to us using the internet. Any such transmission is at your own risk, and you are responsible for ensuring that any Personal Information that you send to us is sent securely.
DATA ACCURANCY
We take every reasonable step to ensure that your Personal Information that we Process is accurate and up to date. When you inform us that your Personal Information is inaccurate, we will correct or erase it.
See the How to Contact Us section at the bottom of this Privacy Notice for contact methods.
THE RIGHTS YOU HAVE WHEN YOU PROVIDE US WITH YOUR DATA
In accordance with different Data Protection Regulations a person has the right to request:
- a copy of what information we collected from you.
- to update/rectify your personal information.
- deletion of your personal information.
- that we stop certain types of processing with your information
- a copy of your data in an electronic file
See the How to Contact Us section at the bottom of this Privacy Notice for contact methods.
At any time, you can request us to delete your data but keep in mind that we might not be able to do so if there is a valid legal or business requirement to keep it.
Your information is required to provide you with products and services. Deletion or restriction of certain data may prevent us from providing the services you requested. You also have the right to file a complaint with the Data Protection Authorities in your location of residence.
NO FEE USUALLY REQUIRED
You will not usually have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within 45 days. Occasionally it may take us longer than 45 days if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.
LENGTH OF DATA RETENTION
In general, we keep your data during the validity of the relationship you have with us and, in any case, during the periods provided for in the applicable legal provisions, for example, in accounting and tax matters, and for the time necessary to attend to possible responsibilities arising from the treatment. We will cancel your data when it is no longer necessary or relevant for the purposes for which it was collected.
Please contact us at any time if you have questions, you will find our contact information at the end of this Privacy Notice in the How to Contact Us section.
CONTACT INFORMATION
You may contact us at the addresses set out below or by emailing privacy@tourinstinct.com.mx; or calling us at +52 (984) 361 3236
Attention: Tour Instinct
Subject: Data Request
Islas Galápagos 132
Misión Villamar II, 77725, Q Roo