Skip to main content

PRIVACY POLICY

1. Identity and Address of the Party Responsible for Collecting Your Data

The company known as Mexstays Lumina, S.A.P.I. de C.V. (hereinafter “Lumina”), with address at HP Diamante, Lomas de Bezares, Miguel Hidalgo, 11910 Ciudad de México, CDMX, in accordance with the Federal Law on Protection of Personal Data Held by Private Parties (the “Law”), is responsible for processing the personal data (hereinafter “Personal Data”) collected either directly by Lumina or through affiliated entities with which Lumina maintains a commercial relationship, as listed in Annex A of this document, and which shall be jointly referred to for purposes of this Privacy Notice as “Lumina.”

The collection of Personal Data shall be carried out through physical forms, social media, one or more digital platforms, mobile applications for smartphones, and any other existing or future means (the “Digital Platforms”), and/or through the websites listed in Annex B of this Privacy Notice (the “Website”). Together with physical forms and social media, these shall collectively be referred to as the “Platform.”

The Platform is directed to certain individuals (hereinafter “Data Subjects”) who use it to receive certain services from Lumina, including but not limited to: (i) subleasing properties leased by Lumina in favor of the Data Subjects; (ii) providing lodging services to the Data Subjects; (iii) carrying out any other act derived from or necessary for subleasing properties, providing lodging services, or any lawful activity deemed convenient and/or necessary for the performance of such activities in favor of the Data Subjects; and, where applicable, (iv) entering into lease agreements regarding real estate properties; and (v) entering into property management agreements. These activities shall be referred to jointly or individually as the “Services.”

Data Subjects may contact the ARCO officer (Access, Rectification, Cancellation, and Opposition), who is responsible for the care and management of their data, via email at arco@luminastays.com.

2. Purposes of Processing

Lumina uses the Personal Data collected through the Platform primarily to carry out the following activities, which are necessary in connection with the Services provided to Data Subjects:

A. Main Services to Users of the Services

Primary Purposes

I. Provide Data Subjects with the Services and other services in accordance with Lumina’s corporate purpose.
II. Fulfill the obligations arising from the Services mentioned in items (i), (ii), and (iii) above.
III. Evaluate the quality of the Services.
IV. Send relevant information related to the Services.
V. Evaluate the user profile of Data Subjects.
VI. Carry out the administrative procedures necessary to provide the corresponding Services.

Secondary Purposes

I. Compile and update user records.
II. Comply with legal requirements of competent authorities.
III. Address questions regarding the Services provided by Lumina.
IV. Create a user directory.

B. Main Services to Landlords and Property Owners Related to the Services

Primary Purposes

I. Enter into property lease agreements and other legal acts necessary to formalize such lease agreements (the “Lease Agreements”).
II. Enter into property management agreements and other legal acts necessary to formalize such property management agreements (the “Management Agreements”).
III. Fulfill the obligations arising from the execution of the Lease Agreements.
IV. Fulfill the obligations arising from the execution of the Management Agreements.
V. Comply with legal requirements of competent authorities.
VI. Evaluate the quality of the Services.
VII. Address questions regarding the Lease Agreements.
VIII. Address questions regarding the Management Agreements.

Secondary Purposes

I. Compile and update landlord records.
II. Send relevant information related to the Lease Agreements.
III. Evaluate landlord profiles.
IV. Address questions regarding the Lease Agreements.
V. Create a landlord directory.

Lumina reserves the right to modify the aforementioned purposes, informing Data Subjects of such changes through the Platform.

The processing of Personal Data shall be necessary, adequate, and relevant in relation to the purposes set forth in this Privacy Notice, as well as any compatible or complementary purposes related to the Services and the execution of the Lease Agreements and Management Agreements, as applicable.

3. Personal Data Collection Process

3.1 Personal Identification and Registration Data

When Data Subjects register on the Platform to receive the Services, and based on the primary purposes described above, they may choose to provide the following information to create an account with Lumina:

  • Full name

  • Address

  • Date of birth

  • Nationality

  • Country of residence

  • Landline phone number

  • Mobile phone number

  • Email address

  • Payment data and banking information

The Personal Data provided by the Data Subject through the Platform, as well as any data collected directly by Lumina through physical, electronic, digital, or any other means permitted by applicable law, to the extent necessary for the provision of the Services, shall be stored and processed by Lumina, which shall implement reasonable administrative, technical, and physical security measures to protect such data against damage, loss, alteration, destruction, unauthorized use, access, or processing.

Lumina will use the information shared by Data Subjects through the Platform to carry out the processing purposes described in Section 2 of this Privacy Notice.

Data Subjects’ Personal Data may be shared with third parties unaffiliated with Lumina who act as service providers, processors, suppliers, or any other third party related to the operation of the Platform or the provision of the Services, solely to the extent necessary to fulfill the purposes described in this Privacy Notice and to address Data Subjects’ requests.

3.2 Payment Information

Where applicable, Lumina may use specialized third-party providers to process payments, transfers, or any other financial transaction related to the Services through the Platform. Such providers may collect, process, store, and safeguard Data Subjects’ financial information and payment data in accordance with their own privacy policies and security measures.

Lumina may have limited access to certain information related to such payments solely to the extent necessary to verify, manage, and fulfill the obligations arising from the Services contracted by Data Subjects.

The Data Subject acknowledges and agrees that the processing of financial data by such third-party providers shall be governed by each provider’s respective terms, conditions, and privacy notices. Data Subjects are encouraged to review such documents before providing any financial information.

The Platform may contain links, hyperlinks, or redirections to third-party websites, applications, or platforms not owned by or under the control of Lumina. Accordingly, Lumina shall not be liable for the practices, policies, or procedures related to Personal Data processing carried out by such third parties.

4. Data Transfer

We inform you that the Data Subject’s Personal Data may be shared and/or transferred, within and outside the national territory, with individuals or legal entities, authorities, affiliated companies, subsidiaries, suppliers, and third parties related to Lumina’s operations, solely to fulfill the purposes set forth in this Privacy Notice and in accordance with applicable law.

In particular, Personal Data may be transferred to:

I. Third-party service providers, advisors, consultants, notaries, financial institutions, technology platforms, payment processing providers, and other providers necessary for the adequate provision of the Services and fulfillment of Lumina’s legal and contractual obligations toward Data Subjects.

II. Affiliated, subsidiary, parent, or related companies of Lumina, when such transfer is necessary for administrative, operational, commercial, or Services-related purposes.

III. Third-party providers of information analysis, identity validation, research, data verification, fraud prevention, risk analysis, and commercial profiling services, for the purpose of evaluating the feasibility, suitability, and security of operations related to the Services and, where applicable, the execution of real estate intermediation agreements.

IV. Competent administrative, judicial, or governmental authorities, when the transfer is required by legal provision, official requirement, court order, or any other applicable legal obligation.

Lumina shall endeavor to ensure that third-party recipients of Personal Data assume confidentiality, security, and data protection obligations consistent with those established in this Privacy Notice and applicable law.

Lumina does not sell Personal Data.

5. Data Subject Liability and Unauthorized Transfers

The Data Subject agrees to use the Platform exclusively for their own purposes. If another person, whether an individual or legal entity, uses the Platform and Personal Data is transferred without Lumina’s consent, Lumina shall not be liable for such unauthorized transfers, whether made by telephone, email, or any other means.

Lumina shall only be responsible for Personal Data transferred through its official Platform. If Data Subjects transfer Personal Data through other platforms or methods of communication, this Privacy Notice shall not apply.

6. Rights of Access, Rectification, Cancellation, and Opposition

The Data Subject has the right to know which Personal Data is processed by Lumina, the purposes for which it is used, and the conditions governing such use (“Access”). Likewise, the Data Subject has the right to request correction of personal information when it is outdated, inaccurate, or incomplete (“Rectification”); request deletion of personal information from Lumina’s records or databases when the Data Subject considers that such information is not being processed in accordance with the principles, duties, and obligations established in this Privacy Notice and applicable law (“Cancellation”); and oppose the processing of Personal Data for specific purposes other than the primary services offered by Lumina (“Opposition”). These rights are collectively known as “ARCO Rights.”

To exercise ARCO Rights, the Data Subject must submit a request via email to arco@luminastays.com, including: (i) the Data Subject’s full name and address for notification purposes; (ii) a copy of the identification document proving identity or, where applicable, documentation evidencing legal representation; (iii) a description of the Personal Data regarding which the ARCO Right is sought to be exercised; (iv) any element facilitating the location of the Personal Data; (v) the specific ARCO Right to be exercised; and (vi) a brief explanation of the reasons for the request.

Lumina shall respond to the Data Subject, or their legal representative, within 10 (ten) business days following receipt of the request. The cancellation of Personal Data shall be subject to the provisions of Article 26 of the Law.

7. Revocation of Consent for Processing of Personal Data

The Data Subject may revoke consent for the processing of Personal Data by submitting the corresponding request via email to arco@luminastays.com, together with the information and documentation described in Section 6 above.

Please note that, for certain purposes, revoking consent may prevent Lumina from continuing to provide the requested Services or may result in the termination of the relationship with Lumina. Additionally, Lumina may be legally required to continue processing certain Personal Data for a specific period after such revocation request.

8. Limitation on Use and Disclosure of Personal Data

The Data Subject may limit the use and disclosure of Personal Data, including refusing to receive communications and promotional materials from Lumina, by:

(i) Registering with the Public Registry to Avoid Advertising maintained by the Federal Consumer Protection Agency (PROFECO), so that Personal Data is not used for advertising or promotional purposes by goods or services providers; or

(ii) Submitting a written request directly to Lumina.

9. Security Measures

In order to provide greater protection and confidentiality for Personal Data, Lumina implements security measures including, but not limited to, access controls, encryption tools, and software security solutions on the Platform.

10. Use of Cookies, Web Beacons, and Similar Technologies

a. Sites for Collecting Personal Data

Lumina uses various Platforms and the Website to collect information through the use of “cookies,” which are text files placed on a user’s device to help analyze how Data Subjects use the Platform.

b. Personal Data Collected Through Cookies and Similar Technologies

Lumina and its service providers use cookies, web beacons, and other technologies to receive and store certain types of information whenever Data Subjects interact with the Platform through their devices.

A “cookie” is a small file containing a string of characters sent to a device when visiting a website. When the Data Subject revisits the Platform or service providers’ websites, cookies allow those sites to recognize the browser. Cookies may store unique identifiers, user preferences, and other information.

Users may configure their browsers to reject all cookies or to indicate when a cookie is being sent. However, some Platform functions or services may not operate properly without cookies.

Lumina uses cookies to improve the quality of its Services, including storing user preferences and tracking user trends.

“Web beacons” are images embedded in web pages or emails that may be used to monitor visitor behavior, including storing information such as IP address, browsing duration, and browser type.

Lumina may collect the following information through cookies and web beacons:

  • Browser type and operating system

  • Websites visited

  • Links followed

  • IP address

  • The website visited before entering the Platform

These technologies may be disabled by users through browser settings.

The Platform may contain links to websites operating under privacy policies different from those of Lumina. Once Data Subjects leave the Platform, this Privacy Notice shall no longer apply. Users are encouraged to review the privacy policies and notices of each external website before providing Personal Data.

All Personal Data collected through the Platform shall be maintained only for the purposes for which it was collected and shall be canceled when no longer necessary for such purposes.

11. Amendments to the Privacy Notice

This Privacy Notice may be modified, updated, or amended due to new legal requirements; changes in Lumina’s Services, privacy practices, or business model; or any other cause.

Any modifications shall be made available to Data Subjects through:

  • Visible announcements on the Website: https://luminastays.com (Privacy Notice section); and/or

  • Notifications within the Platform.

12. Consent of Data Subjects

In accordance with Article 7 of the Law, Lumina requires the consent of Data Subjects for the processing of Personal Data.

Accordingly, Data Subjects acknowledge and expressly, unconditionally, and irrevocably consent to the terms and scope of this Privacy Notice and to the processing of their Personal Data through use of the Platform.

Any questions or comments regarding this Privacy Notice, as well as the exercise of any rights granted under the Law and its Regulations, should be directed to Lumina’s Privacy Officer via email at arco@luminastays.com.

Without prejudice to the foregoing, if a Data Subject believes that the processing of Personal Data constitutes a violation of the Law or its Regulations, they may contact the Secretaría Anticorrupción y Buen Gobierno and/or Transparencia para el Pueblo to seek clarification or exercise their legal rights.

13. Language

Lumina and the Data Subject agree that this Privacy Notice is executed in both English and Spanish. In the event of any discrepancy between the two versions, the Spanish version shall prevail.