Privacy Notice

 

I.       Identity of the Data Controller

Pursuant to the Federal Law of Personal Data Protection in the Possession of Private Parties (the “Law”), Cultura y Entretenimientos ML, S.A. de C.V. (“Data Controller”) with address to hear and receive notifications at:  Apartado Postal 225 Montecitos 38 , WTC 3er piso Sky Lobby, Local 30, Nápoles, 03812 Ciudad de México, México is the controller with respect to the processing and protection of your “Personal Information”, which is handled under the confidentiality and security standards.

This Privacy Notice is addressed to the general public, as well as to our website users and communication media (“Data Subject”).

II.     Information Collected

The Personal Data we collect and handle are: (i) personal identifier (including age); (ii) contact information; (iii)country of origin; (iv) the content shared in your messages or communications send through the forms and (v) your image, testimonials or interviews provided to us voluntarily. We don´t collect nor handle Sensitive Information. (Altogether, the “Personal Data”).

We can collect your data directly through the following channels: during the events (in situ), in our official social media channels and our website.

For clarity purposes, the Data Subject expressly agrees that by participating in our events in broad terms authorizes the use of their image, voice, appearance, name, likeness, personal experiences, interviews and/or portrait during the events.

Also, the Data Subject acknowledge that, due to the nature of the events, the Data Controller may transfer to third parties the authorizations that the Data Subjects have granted by this means. The consent of the Data Subject shall not be required when the portrait of a person is a minor part of a group or the photograph is taken in a public place and for informative or journalistic purposes.

 

III.   Purposes of the Personal Data Processing

Primary Purposes: We only process your Personal Data to:

  • Register in our forms for events or newsletters;

  • Communications related with the events organized by the Data Controller, including tours of our artists;

  • Manage your participation in our dynamics;

  • Invite you to third party sites for the sale of tickets;

  • Communicate events organized by the Data Controller;

  • Collect information provided through our website including those collected through cookies and other similar technologies;

  • Process orders, process payments and provide order-related updates, through our websites or through any other from third parties hired by us.

 

Secondary Purposes: Additionally, the Data Controller will process your Personal Data for the following secondary purposes:

  • Communications for marketing or advertising purposes;

  • Communicate events to which the Data Controller is a part of.

In case that you don’t want that your Personal Data is processed for any or all of the secondary purposes, you can unsubscribe at any time, or you can notify us by sending an email to privacidadcye@natalialafourcade.mx.

IV.   Personal Data Transfer

Your Personal Data could be transferred with: (i) Controlling entities, subsidiaries, affiliates, holdings and/or entities of the same group; (ii) service providers in general; music publishers, participants in the organization of the events as sponsors, entertainment industry entities related to the organization of the event; (iii) competent authorities in order to comply with our legal or contractual obligations. These transfers don’t require your consent. Nevertheless, in case that your consent is necessary for other kind of transfers, we will inform you in advance and seek your consent if necessary. 

 

V.     Data Subjects Rights 

As a Data Subject, you cold exercise the ARCO rights (Access, Rectification, Cancelation and Opposition to the processing of your Personal Data), in the terms provided by the Law, sending your written request to privacidadcye@natalialafourcade.mx. Your request will be processed withing the timeframes in accordance with the Law and should have at least the following information:

(a)        Full name of the applicant and Personal Data Subject and address or other mean (i.e. mail) to communicate the response to the request;

(b)       Documents providing their identity or, if applicable, legal representation;

(c)        Clear and precise description of the Personal Data in respect of which the exercise of any of the ARCO rights is requested;

(d)       When required, the express statement for  revoking your consent to the Personal Data processing, and therefore, not to be used; and

(e)        Any other element that facilitates the localization of the Personal Data.

If you wish to stop receiving information from the newsletter, you may unsubscribe though the email, by clicking on the designated button or link designated for such purpose.

In the same way you can revoke the consent, if any, you have given us through the email previously provided.

  

VI.   Security Measures 

We have sufficient security measures for the protection, confidentiality and security of your Personal Data in order to restrict access to them to unauthorized persons. Likewise, our employees, representatives, subcontractors, consultants and/or third parties involved in any phase of the processing of your Personal Data will keep confidentiality regarding them, an obligation that will subsist after the termination of the relationship between such persons in accordance with the applicable law.

VII. Limitation and/or Disclosing of your Personal Data

You could limit the use or disclosing of your Personal Data requesting via e-mail to the address privacidadcye@natalialafourcade.mx. If your request is appropriate, it shall be recorded in the list that the Data Controller has for such purpose.

 

VIII.      Cookies and similar technologies

Cookies are data files that are stored on the hard drive of a user's computer or electronic communications device when browsing a specific website, which allow status information to be exchanged between the website and the user's browser. The status information may reveal means of session identification, authentication or user preferences, as well as any data stored by the browser with respect to the website that is necessary for the operation of the site. 

We may use cookies to understand your behavior as a user of our website and to give you a better experience when browsing our website.

In case you would like to disable them or configure their use, you can consult the steps to follow in the links included below. Please refer to the reference according to the type of browser you are using:

I.       Amendments to this Privacy Notice

By registering in our forms, you consent the terms of our Privacy Notice. Any amendment made to this Privacy Notice will be communicated in our website: https://www.natalialafourcade.com.mx/aviso-de-privacidad-eventos-y-marketing-cultuta-y-entretenimientos .

Date of last update: August 28, 2024

Terms and Conditions

These Terms and Conditions (“Terms”) govern access, navigation and use of the website https://www.natalialafourcade.com.mx/ (the “Site”), as well as any service that is provided or could be provided within it. The Site is made available by Cultura y Entretenimientos ML, S.A. de C.V. (hereinafter, “C&E”, “we” or “our”), domiciled at Apartado Postal 225 Montecitos 38, WTC 3rd floor Sky Lobby, Local 30, Nápoles, 03812 Mexico City, Mexico. For the sake of the clarity, references in these Terms to “C&E”, “we”, “our” include or may also include Natalia Lafourcade, related third parties, and the partners, shareholders, officers or employees of each of these.

These Terms may be updated from time to time, without prior notice, and it will be sufficient for them to be published on the Site for their validity and enforceability.

1.     Acceptance.

Please read these Terms carefully as they set forth the terms and conditions that will be legally binding on you in relation to the Site. By accessing, browsing and/or using the Site, its contents or the services provided therein, including without limitation, registering an account, interacting with the Site or sending comments, messages or feedback through the Site (the “Site Content and Services”), you agree to and accept these Terms, including all of its parts, and you agree to comply with all rules, terms, conditions, restrictions, and notices contained within the Terms.

If you do not agree to these Terms and/or do not expressly and unequivocally accept them, you may not use the Site or the Site Content and Services, either directly or indirectly. You must also refrain from using any data or information available through the Site, or that C&E may provide you from time to time by any means.

Please note that the Site and the Site Content and Services are only available to individuals with full legal capacity to enforce and who can enter into legally binding contracts under Mexican Law. If you are a minor or do not qualify under this condition, you are not authorized to use the Site or the Site Content and Services, unless acceptance of these Terms is provided by your parents, guardians, or representatives, who will be legally responsible for any breach of the Terms and for any direct or indirect harm that may be caused to C&E, or that the minor or incapacitated person could suffer.

These Terms apply regardless of the type of device used to access the Site (e.g., mobile devices, computer equipment, or any other technology compatible with the Site).

2.     Site Content and Services.

The Site Content and Services include or may include content, information or services relating to concerts, biographies, audiovisual material, graphics, forums or opinion and discussion panels, information of interest, journalistic content, access to subscriptions, digital publications or newsletters, online store services and/or redirection to third-party sites, mostly in relation to the artistic career, life and work of Natalia Lafourcade.

The Site Content and Services listed and described above may be modified, limited or added from time to time in C&E sole discretion, in which case, these Terms shall be deemed to cover the Site Content and Services actually available on the Site and/or used by you.

3.     Use of the Site.

 

3.1  Permitted Use: Your use of the Site, as well as the Site Content and Services, must be in good faith, diligently, appropriately, and always in accordance with these Terms and applicable laws and regulations. C&E grants you a non-exclusive, non-transferable, revocable license to access and use the Site and the Site Content and Services solely for your personal, non-commercial purposes.

3.2  Prohibited Conduct: By accessing, browsing, or using the Site and agreeing to these Terms, you accept and agree not to:

 

  • Use the Site or the Site Content and Services in an illegal, fraudulent, or malicious manner.

  • Interfere with or disrupt the integrity or performance of the Site.

  • Attempt to gain unauthorized access to the Site or any related system or network.

  • Copy, modify, distribute, reverse engineer, or create derivative works based on the Site or the Site Content and Services.

  • Use the Site or the Site Content and Services to infringe the rights of any third party, including without limitation, intellectual property rights.

  • Use the Site to transmit any viruses, worms, or other harmful computer code.

  • Engage in any activity that may damage, disable, or impair the Site or the Site Content and Services.

  • Use the Site or the Site Content and Services in a manner that is harmful or offensive to C&E or any person or entity.

  • Extract all or any part of the Site Content and Services for the purpose of defamation, misrepresentation, alteration, confusion or distortion.

  • Violate any applicable law or regulation in Mexico or abroad.

 

4.     Privacy and Personal Information.

4.1  Privacy Notice: Where in connection with your use of the Site, or to communicate with us, you share personal data with us, the processing of such personal data will be subject to our Privacy Notice, which explains how we collect, store, use, disclose and process information about you. By using the Site, you consent to the collection and processing of your personal data as described in the Privacy Notice.

4.2  Personal Information: We collect and process personal data as described in our Privacy Notice. You are responsible for ensuring the accuracy and legality of any personal data you provide to us.

4.3  Third-Party Information: When you provide us with third-party information in connection with your use of the Site, you represent, warrant, and agree that you have the right to do so freely, that such information does not infringe any intellectual property rights or any other rights of any third party, and that such information is not confidential or harmful to third parties. You also declare to hold C&E harmless from any claims that may arise from your sharing of such third-party information to C&E.

  

5.     Intellectual property.

5.1 Ownership: You acknowledge and agree that C&E and/or Natalia Lafourcade are and shall remain the sole and exclusive owners of all rights, title and interesst in and to the Site, the Site Content and Services, its code, information, data and materials, its appearance arrangement, compilation, design and arrangement, including all copyrights, trademarks, inventions, publicity rights authorizations and any other intellectual property rights and property rights therein. Any audio, video, photograph, illustration, graphic or visual element, fonts, bullet points, pop-ups, among others, that are visible in any part of the Site are and will continue to be the exclusive property of C&E and/or Natalia Lafourcade.

Your use of the Site or the Site Content and Services does not grant you ownership or a license to them, and any reproduction, distribution, publication or commercial exploitation of the Site or the Site Content and Services is prohibited, except with the prior written permission of C&E and/or the holders of the corresponding rights, if applicable.

The use of the Site or the Site Content and Services, in contravention of, or in excess of the provisions of these Terms, may constitute a violation of copyright, industrial property rights and other rights protected by the Mexican Laws, over which C&E and/or Natalia Lafourcade are direct or indirect owners or co-owners. C&E and any licensee or third party authorized by it, reserves the right to exercise all legal actions and injunctive measures that are applicable in accordance with applicable law.

5.2 Trademarks: The trademarks, designs, trade names, trade notices and any other distinctive sign or copyrighted work (the “Distinctive Signs”) displayed on the Site or contained in the Site Content and Services, are the property of C&E or other related third parties and may not be used in connection with products and/or services that are not associated, related, sponsored, or distributed by their respective right holders. Therefore, you acknowledge and agree to respect the Distinctive Signs, not to copy, deform or mutilate them, not to use them or attempt to use them for your own purposes, and not to attempt to register them in your own name or in the name of third parties, either before Mexican authorities or abroad. The restrictions set forth in this provision for Distinctive Signs shall apply equally to any distinctive sign that is confusingly similar or that, for any reason, may cause confusion among the consuming public by encouraging or permitting the products or services offered under such distinctive signs to be associated with those owned by C&E.

All Distinctive Signs that are not owned by C&E and that appear on the Site, if any, are the property of their respective owners and you agree not to use them or attempt to register them, in Mexico or abroad.

Nothing contained on the Site, the Site Content and Services or in these Terms can or shall be construed, implicitly or explicitly, as granting any license or right to use the Distinctive Signs displayed on the Site, without the prior written permission of their respective owners.

Failure to comply with these provisions in relation to Distinctive Signs may lead to the initiation of administrative or jurisdictional proceedings for the violation of intellectual property rights protected by Mexican Laws.

5.3 Authorization: Subject to your compliance with these Terms and under the strict limitations set forth herein, you are granted a limited, non-exclusive, non-transferable license to use the Site and the Site Content and Services solely for your personal purposes, provided that such purposes are non-profit. You expressly agree not to alter, modify or remove any copyright or protected rights legends contained on the Site or in the Site Content and Services.

5.4 Restrictions: The authorization referred to in the previous point and any other authorization granted under these Terms does not authorize you to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the Site, or the Site Content and Services.

6.     Granting of licenses and authorizations in favor of C&E.

You acknowledge and agree that within the Site or the Site Content and Services, there is a possibility for you and other users to participate, individually or jointly, in videoconferences, electronic conversations, forums or opinion and discussion panels, or to otherwise interact with and/or strengthen the Site or the Site Content and Services, either in real time or at any time. Based on the foregoing, C&E acknowledges that you retain authorship and ownership of any opinion, comment, or content you post or share.

Notwithstanding the foregoing, you hereby grant, in favor of C&E, a non-exclusive, non-onerous, worldwide, sublicensable license to the fullest extent permitted by applicable Mexican copyright and industrial property laws, to use, copy, reproduce, disseminate or otherwise make available to third parties such opinions, comments or content.

In the event that you assign or transfer in any way your rights to the opinions, comments or content shared on the Site, you agree to use your best efforts to ensure that the license granted to C&E remains in full force and effect or, if that is not possible, to cooperate with C&E in order for the new rights holder to grant a new license to us., which will have the same essence and terms as the one granted by you upon acceptance of these Terms.

If you share on or with the Site, as part of your opinions, comments or content, any constituent element of your image, you hereby grant C&E an authorization for the use of such image. And, consequently, C&E undertakes to use its image and said authorization strictly for necessary purposes and always within a framework of respect and dignity of people.

7.     Complaints and claims arising from the Site or the Site Content and Services.

C&E respects the intellectual property rights of third parties and wishes to prevent any infringement of those rights from arising from the Site or the Site Content and Services, so if we presume or identify that all or any part of the Site or the Site Content and Services, invades or violates any of your intellectual property rights, please contact us via the following email privacidadcye@natalialafourcade.mx.

The complaint or claim submitted must be accompanied by the following information and documents:

  • Name of the complainant or their legal representative, as well as the means of contact by which they wish to receive notifications;

  • Identification of the alleged infringing content;

  • Documents or means of proof that you have to prove your legal interest, for example, documents in which your authorship and/or ownership of the copyrighted works or elements protected under industrial property legislation are recorded; and

  • Data of electronic location in which the alleged infringing content is located.

C&E will analyze your complaint or claim and contact you through the means of contact specified by you, either to inform you of the conclusions of the analysis carried out, or to request additional information or documentation.

8.     Online store.

The Site has or may in the future have an online store or may redirect to an online store that will be operated, directly or indirectly, by C&E or one of its business partners. The services provided by such online store, as well as the processing of payments and the conditions applicable to purchases, cancellations, returns, refunds, among others, will be governed by terms and conditions separate from these Terms, which will be available on such online store.

9.     Suspension and cancellation.

9.1  Suspension and Termination of the Site. C&E reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, hosting, downloading and/or use of the Site or the Site Content and Services, with or without prior notice, if you contravene any of the provisions detailed in these Terms, or the provisions of applicable law, without the possibility of you demanding any compensation for this reason. We may also suspend, restrict or terminate the Site if we reasonably infer that your use of the Site is contrary to applicable law or these Terms.

 

9.2  Unsubscribe. At any time, you may unsubscribe from digital publications or newsletters offered by the Site, you should only send an email to privacidadcye@natalialafourcade.mx from the email with which you registered.

  

10.     Linked Sites.

The Site may provide you with technical linking devices (such as, among others, links, banners, buttons, stickers, GIFS), directories and tools that allow you to access services, content and/or various information, which may be found on websites managed by third parties (hereinafter, “Linked Sites”). C&E does not offer or market, by itself or through third parties, the products and/or services available on the Linked Sites. Therefore, you should exercise extreme caution in the evaluation and use of the services, information, data, files, products and any kind of material existing in the Linked Sites.

C&E does not warrant or assume any liability for damages of any kind that may be due to: (a) the operation, availability, accessibility or continuity of the Linked Sites; (b) maintaining the services, content, information, data, files, products, and any other material on the Linked Sites; (c) the provision or transmission of the services , content, information, data, files, products and any other material existing on the Linked Sites; and (d) the quality, legality, reliability and usefulness of the services, content, information, data, files, products and any kind of material existing in the Linked Sites.

 

11.     Limitation of Liability.

C&E does not guarantee the availability and continuity of the operation of the Site. Where reasonably possible, you will be advised of current or future interruptions of the Site.

To the maximum extent permitted by applicable law, in no event shall C&E be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, whether in an action in contract, tort (including negligence), or in any way arising out of the use, unavailability, or inability to use the Site, even if you have been advised of the possibility of such damages.

We do not control or guarantee the absence of viruses or other elements on the Site, which may cause alterations in you computer system (software or hardware) or in electronic documents and availability and continuity of the files stored in your computer system, therefore, we cannot assume responsibility for damages of any nature that may be due to the presence of viruses or elements that may cause alterations to your computer system, electronic documents or files.

C&E shall not be liable for any charges for internet access, or use and transmission of data, necessary to make use of the Site, and any charges you may incur for the use of the Site, which may be charged by your telephone operator or your internet or network access provider, are at your own expense and at your exclusive charge.

You agree to indemnify, defend, and hold harmless C&E from any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms, violation of any applicable law or regulation, or improper use of the Site or the Site Content and Services.

12.     Disclaimer of Warranties.

The Site and the Site Content and Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.

13.     Governing Law and Dispute Resolution.

By accessing, browsing or using the Site, you agree to respect any legal provisions in force in Mexico, regardless of the country in which you are located or of which you are a resident.

Use of the Site and these Terms are subject to the laws applicable in Mexico, and the competent Courts of Mexico City, Mexico shall have jurisdiction over any dispute arising therefrom.

14.     Modifications.

C&E reserves the right to modify these Terms, in whole or in part, by posting any changes in the same form as these Terms appear or through another means of communication addressed to you as a user of the Site. Access, browsing and/or use of the Site after the entry into force of its modifications or changes implies acceptance of the same.

15.     Electronic communications.

When you communicate with us electronically (e.g., by email, text message, or by creating an account), you agree to receive electronic communications from us, including all statements, notices, and disclosures, and you agree that the communications we provide to you electronically satisfy any legal requirements or formality applicable to written notices.

16.  Miscellaneous Provisions.  

16.1  No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.2 Headings: The headings included within these Terms are exclusively for drafting and clarity purposes, so in no case will they have any effect on the validity, interpretation and/or conditions established therein.

16.3 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall not be affected or impaired in any way.

16.4 Entire Agreement: These Terms, together with the Privacy Notice, constitute the entire agreement between C&E and you, with respect to the Site and the Site Content and Services, and supersede any prior understandings or agreements, whether written or oral.

If you have any questions or concerns about these Terms, you may contact us at privacidadcye@natalialafourcade.mx.

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.

 

Last updated: August 28, 2024.