Terms and Conditions

These terms and conditions (the “Terms”) tell you the terms on which you may use this website.

Please read these Terms carefully before using this website as these will apply to your use of it. By using this website, you confirm that you accept these Terms and you agree to comply with them. If you do not agree to these Terms, please do not use this website.

If you are a Registered User additional terms apply to your use of the registered section of this website, you can find such terms below.

We may revise these terms and conditions at any time by amending this page. Please check this page from time to time to take notice of any changes made, as they are binding on you.

Information About Us

We are Vallarta Today, Vallarta Real Estate and Vallarta Vacation Rentals. The registered office of Bienes Raices Vallarta S.A C.V. is at: Calle Malecon #400, Puerto Vallarta, Mexico. We are authorised and regulated by the City of Puerto Vallarta, State of Jalisco, Country of Mexico.

How To Contact Us

If you wish to contact us with any queries or concerns in connection with any jurisdiction in which Vallarta Today, Vallarta Real Estate and Vallarta Vacation Rentals operates, you can reach us at:
Bienes Raices Vallarta S.A C.V. Our registered office is at: Calle Malecon #400, Puerto Vallarta, Mexico
For enquiries relating to the use of your personal data, please email us at dataprivacy@vallartarealestate.com

No Reliance on Information

The content on this website, including reports and other information, is provided for general information only and is not intended to provide you with any advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this website.

While we believe that the content contained on this website is accurate; as at the date of its publication, we do not guarantee the accuracy of such content, either at the date of publication or anytime after. Please also see our Limitation of Liability section.

To the extent permitted by applicable laws and regulations, our affiliates, officers and/or employees may have holdings in our investment products and may otherwise be interested in transactions that you effect in those products.

Where this website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over those websites or resources.

Linking to this website

You may link to this website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without obtaining our prior written consent. We reserve the right to withdraw linking permission without notice.

Intellectual Property Rights

We or our licensors own all intellectual property rights in this website, including the content published on it. Those works are protected by laws and treaties around the world. All such rights are reserved.

You may download or print copies of some of the information and content on this website for your own private use only, provided that you do not change or remove any copyright, trade mark or other proprietary notices contained in the information or content concerned.

If you wish to use any part of the content on this website for any other purpose you must seek our prior consent by contacting us at contact@vallartarealestate.com

Limitation of Liability

We will not be liable to any website visitor (whether you are a registered user or a guest to this website) for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, or
(b) use of or reliance on,
this website and any content, information or features (including our reports and news stories) made available through it.
In no event shall we be liable for loss of profit, revenue or data arising under or in connection with use of, or inability to use; or use of or reliance on this website, including but not limited to any content or features (such as our reports and news stories) on this website.

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law or applicable regulations.

We hereby exclude all conditions, warranties, representations or other terms which may apply to this website, whether express or implied.

We do not guarantee that this website, or any part of it, will always be available or be uninterrupted. We may update this website from time to time; however we are under no obligation to update it and we may remove certain content or features from this website at any time.

Viruses
We do not guarantee that this website will be secure or free from Viruses. You are responsible for using your own virus protection software.

We will not be liable for any loss or damage caused by a Virus due to your use of this website or to your downloading of any content on it, or on any website linked to it.

You must not misuse or attack this website by knowingly introducing Viruses or attempt to gain unauthorised access to this website, the server on which this website is stored or any server or computer connected to this website. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. Any such breach may be reported to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them.

Applicable law
The terms of this website are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Definitions
“Registered User” means a person authorised by us to access the login-only area of our website.
“Viruses” means any viruses, Trojan horses, worms or any other computer code which is designed to infect computer hardware, software or any data contained therein.
“Personal Information” means any information relating to you from which you can be identified either (a) by that information alone, or (b) by that information with other information which is in the possession of, or likely to come into the possession of, us.

Registered User Terms and Conditions

This section applies if you are a Registered User.

Through the login-only area of this website, we provide you with the option to create your own profile enabling you to follow the funds, sectors and topics on this website relevant to you and gain access to information, data, documents and other tools.

You access the login-only area of this website with your user login and password. Your user login and password are confidential, non-transferable and for personal use only. You are responsible for keeping them secure and you must not disclose them to a third party. We may, without notice, restrict your access to all or part of the login-only area of this website at any time and for any reason including but not limited to instances where we know or suspect that:

There has been an actual or attempted fraudulent login using your login and password; or
You have breached the website terms.

In addition to the Limitation of Liability section of these terms, we are not liable:

for any fraudulent or unauthorised use of your login and password; or
where the login-only area of the website is unavailable, for any reason.

PRIVACY POLICY

Our privacy commitments

The Bienes Raices Vallarta S.A C.V group of companies (“we”) respect the privacy of every person who visits, registers with or subscribes to our websites and online publications (“you”), and are committed to ensuring a safe online experience.

This privacy notice outlines the information we may collect about you in relation to your use of our websites and related publications and services and how we may use that personal data (as defined by the EU’s General Data Protection Regulation (“GDPR”)). It also outlines the methods by which we and our service providers may (subject to necessary consents) monitor your online behaviour in order to deliver customised advertisements and marketing materials and other tailored services. This privacy notice also tells you how you can verify the accuracy of your personal data and how you can request that we delete or update it.

This privacy notice applies to all websites operated by us (as indicated on the relevant website) (“Sites”). For the purpose of this privacy notice “company” shall mean any company which forms part of the TH Real Estate group. By accessing and using the Sites you are agreeing to the terms of this privacy notice.

Information About Us

Our principal business activities:
– Provide client solutions through a range of products and structures within commercial asset management globally.
– Provide market-leading research for strategic insights across the investment process.
– Co-invest across all commercial sectors and manage funds with sector specialisms
– Digital marketing including websites, newsletters, electronic information and data
– Organisers and attendees of Seminars, Conferences, and Exhibitions for the asset management sector.

1. Collection of personal data

Our primary goal in collecting personal data from you is to give you an enjoyable customised experience whilst allowing us to provide services and features that most likely meet your needs.

Please note that we do not intend to collect any personal data from children under thirteen years of age and no child under thirteen should submit any personal data to any of the Sites. Should we discover that any such personal data has been delivered to any of the Sites, we will remove that information as soon as possible.

2. Types of personal data held and its use

2.1 Customer services and administration

We collect certain personal data from you such as your name, job title, work and/or home address, company, company size, job function and/or seniority, industry, qualification levels, and telephone number and email address, in order to register you for access to certain content and subscriptions. This information may be supplemented with demographic information from your use of our Sites such as your location, age, gender, purchasing preferences and interests.
This information is used to administer and deliver to you the products and/or services you have requested, to operate our Sites efficiently and improve our service to you, and to retain records of our business transactions and communications. By using the Sites and submitting personal information through the registration process you are agreeing and have given us consent that we may collect, hold, process and use your information (including personal information) for the purpose of providing you with the Site services and developing our business, which shall include (without limitation) the purposes described below in and in accordance with the GDPR. We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. We are required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.

2.2 Monitoring use of our Sites

If, as part of our Site services, we enable you to post information or materials on our Site, we may access and monitor any information which you upload or input, including in any password-protected sections. Subject to any necessary consents, we also monitor and/or record the different Sites you visit and actions taken on those Sites, e.g. content viewed or searched for.

If you are a registered user (e.g. a subscriber or taking a trial), when you log on, this places a cookie on your machine. This enables your access to content and services that are not publicly available. Once you are logged on, the actions you take – for example, viewing an article – will be recorded (subject to any necessary consents). We may use technology or a service provider to do this for us. This information may be used for one or more of the following purposes:

– to fulfil our obligations to you;
– to improve the efficiency, quality and design of our Sites and services;
– to see which articles, features and services are most read and used
– to track compliance with our terms and conditions of use;
– for marketing purposes (subject to your rights to opt-in and opt-out of receiving certain marketing communications) – see paragraph 5 below;
– for advertising purposes, although the information used for these purposes does not identify you personally;
– to protect or comply with our legal rights and obligations; and
– to enable our employees to contact and interact with you online in connection with any content you may have viewed in our Sites.

Please see paragraph 3 below for more information on cookies and similar technologies and a link to a page where you can turn them on or off.

2.3 Marketing

Some of your personal data collected, in accordance with the privacy notice, may be used by us and/or our other group companies and third party service providers to contact you by email, fax, telephone and/or post for sending information or promotional material on our products and/or services and/or those of our other group companies.

We give you the opportunity to opt-out of receiving marketing communications and will in certain circumstances need to obtain your consent before sending such communications to you. Further detail can be found on the applicable Site and in each marketing communication sent by us, our group companies or service providers. See also “Consents and opt-outs” section below.

3. Cookies and email tracking

We use cookies on our Sites. This is to provide you with a better user experience when you browse our Sites. It also enables us to improve our Sites. This section explains how we do that.

What is a cookie?
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your desktop, tablet or smartphone when you first visit our Sites. The cookie will help our Sites, or another website, recognise your desktop, tablet or smartphone the next time you visit. A cookie can contain Personal Information. We detail what cookies we use, and what information they contain, below.

What types of cookies do we use?
We use the following cookies:
• Strictly necessary cookies: These are the cookies required to operate our Sites (for example, to enable you to move around our Sites and use some of their features).
• Analytics cookies: These allow us to recognise and count the number of visitors and to see how visitors move around our Sites. This helps us improve the design of our Sites.
• Functionality cookies: These are used to recognise you when you return to our Sites. This enables us to personalise our content for you and remember your preferences.
• Targeting cookies: These cookies record your visit to our Sites, the pages you visited and the links you followed. We use this information to provide you with targeted advertising and content we think you will be interested in.

In some cases we may use information from third party cookies (be they analytics, functionality or targeting cookies) to help us with market research or improving the design of our Sites (for example, where traffic to our Sites comes from).

How can I block cookies?
You can block cookies by activating the setting on your browser that allows you to refuse all, or some, cookies. If you block all cookies (including essential cookies) you may find that parts of our Sites do not work properly, or you may not be able to access our Sites at all.

When do cookies stop?
Our cookies expire after up to two years.

Email tracking: So that we can better understand our users’ needs, we track responses to our emails – for example, to see which links are the most popular in newsletters, and to log and follow up responses to our marketing messages. To do this, we use small image files that are placed within the body of our email messages. They enable us to tell if a message has been opened and to track click-throughs on links within the message.

Any other purposes for which we wish to use your personal data will be notified to you and your personal data will not be used for any such purpose without obtaining your prior consent.

4. Third Parties

We may pass your personal data on to third-party service providers contracted to us in the course of dealing with you. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service that they provide you on our behalf. When they no longer need your data to fulfil this service, they will dispose of the details in line with our procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise.

5. Consents and opt-outs

By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified. Consent is required for us to process both types of personal data, but it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used.

You may withdraw consent at any time by emailing dataprivacy@threalestate.com

For turning cookies off, see the information in paragraph 3 above.

6. Disclosures

Information collected may be shared between with any of our group companies for the purposes listed above and as part of the processing activities.
We may also disclose your personal data to other third parties, including, without limitation, professional advisers, or governmental or State institutions or regulatory authorities, where necessary in order to exercise or defend legal rights or where required by law.

We may transfer, sell or assign any of the information described in this policy to third parties as a result of a sale, merger, consolidation, change of control, transfer of assets or reorganisation of our business.

7. Public forums, message boards, social media and blogs

Some of our Sites make message boards, blogs or other facilities for user generated content available and users can participate in these facilities. Any information that is disclosed in these areas becomes public information and you should always be careful when deciding to disclose your personal information.

8. Transfers outside the EEA

Services on the Internet are accessible globally so collection and transmission of personal data is not always limited to one country. We may transfer your personal data, for the purposes listed above, to other group companies, service providers or other third parties which may be located in countries outside the European Economic Area, whose laws may not give the level of protection to personal data as within the UK. This will include transfers to Nuveen companies in the US (who may collect some data directly from you, in relation to the sites which it operates) and to third parties who provide us with email and marketing services. Where we conduct any transfers we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this

9. Confidentiality and security of your personal data

We are committed to keeping the data you provide us secure and will take reasonable precautions to protect your personal data from loss, misuse or alteration.
The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

We have implemented information security policies, rules and technical measures to protect the personal data that we have under our control from:
– unauthorised access
– improper use or disclosure
– unauthorised modification
– unlawful destruction or accidental loss

All our employees, contractors and data processors (i.e. those who process your personal data on our behalf, for the purposes listed above), who have access to, and are associated with the processing of your personal data, are obliged to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for us.

10. How to access, update and erase your personal information

At your request, we can confirm what information we hold about you and how it is processed. If we do hold personal data about you, you can request the following information:
– Identity and the contact details of the person or organisation that has determined how and why to process your data. In some cases, this will be a representative in the EU or UK.
– Contact details of the data protection officer, where applicable.
– The purpose of the processing as well as the legal basis for processing.
– If the processing is based on the legitimate interests of us or a third party, information about those interests.
– The categories of personal data collected, stored and processed.
– Recipient(s) or categories of recipients that the data is/will be disclosed to.
– If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
– How long the data will be stored.
– Details of your rights to correct, erase, restrict or object to such processing.
– Information about your right to withdraw consent at any time.
– How to lodge a complaint with the supervisory authority.
– Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
– The source of personal data if it wasn’t collected directly from you.
– Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

Upon request, we will provide you with a readable copy of the personal data which we keep about you. We may require proof of your identity.
We will allow you to challenge the data that we hold about you and, where appropriate in accordance with applicable laws, you may have your personal information:
– Erased;
– rectified or amended; and/or
– completed

Changes to this privacy notice

We will occasionally update this privacy notice to reflect new legislation or industry practice, group company changes and customer feedback. We encourage you to review this privacy notice periodically to be informed of how we are protecting your personal data.