BALD MOUNTAIN DE MEXICO S. DE R.L. DE C.V.
PRIVACY POLICY
SCOPE AND APPLICATION
This Privacy Policy contains the principles that are observed by Bald Mountain regarding the collection, use and disclosure of personal information. Each principle must be read in conjunction with the accompanying commentary. The commentary in the Bald Mountain Privacy Policy has been tailored to reflect personal information handling specific to Bald Mountain.
The scope and application of the Bald Mountain Privacy Policy are as follows:
• This Policy applies to personal information about Bald Mountain's customers and other individuals that is collected, used or disclosed by Bald Mountain.
• This Policy does not apply to information about Bald Mountain's corporate customers; however, such information is protected by other Bald Mountain policies and practices and through contractual arrangements.
• This Policy does not apply to information about Bald Mountain's employees; however, such information is protected by other Bald Mountain policies and practices.
• This Policy is subject to change, and may be supplemented or modified by additional terms applicable between Bald Mountain and an individual.
DEFINITIONS
Collection - the act of gathering, acquiring, recording, or obtaining personal information.
Consent - voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express, implied or deemed, and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from an individual's action or inaction. Deemed consent is consent that is deemed to be given pursuant to applicable legislation or other regulations.
Disclosure - making personal information available to a third party.
Personal information - information about an identifiable individual, but does not include aggregated information that cannot be associated with a specific individual. Personal information also excludes certain information as is excluded pursuant to applicable legislation or other regulations, such as publicly available information or business contact information, as and when applicable.
Bald Mountain - Bald Mountain de Mexico S. de R.L. de C.V. and its subsidiaries and affiliates.
Third party - an individual or organization outside Bald Mountain.
Use - the treatment, handling and management of personal information by and within an organization.
ACCOUNTABILITY
Bald Mountain is responsible for personal information under its control and shall designate one or more persons who are accountable for Bald Mountain's compliance with the following principles.
1.1 Bald Mountain shall designate one or more persons to be accountable for compliance with this Policy. That person is entitled to delegate day-to-day responsibility for administration of this Privacy Policy and related privacy policies and practices to other employees.
1.2 Bald Mountain shall make known, upon request, the title of the person or persons designated to oversee Bald Mountain's compliance with this Policy. Until further notice, that person is Cinthia R. Andrews, Bald Mountain de Mexico, SRL, c/o Meridian Real Estate, LLC, 4 AABC Aspen, CO 81611 970-925-2114, E-Mail: info@baldmountainllc.com
1.3 Bald Mountain is responsible for personal information in its possession or under its control. Bald Mountain shall use appropriate means to protect personal information while information is being processed by a third party on behalf of Bald Mountain.
1.4 Bald Mountain will remove your personal information from its database upon your request to Cinthia R. Andrews, Bald Mountain de Mexico, SRL, c/o Meridian Real Estate, LLC, 4 AABC Aspen, CO 81611 970-925-2114, E-Mail: info@baldmountainllc.com
1.5 Bald Mountain shall implement policies and procedures to give effect to this Policy, including:
(a) implementing procedures to protect personal information and to oversee Bald Mountain's compliance with the Bald Mountain Privacy Policy;
(b) establishing procedures to receive and respond to inquiries or complaints; and
(c) training and communicating to staff about Bald Mountain's policies and practices.
IDENTIFYING PURPOSES FOR COLLECTION OF PERSONAL INFORMATION
Bald Mountain shall identify and document the purposes for which personal information is collected at or before the time the personal information is collected or, when appropriate, at or before the time the personal information is used for a new purpose.
2.1 Bald Mountain collects personal information for the following purposes:
(a) to establish and maintain a responsible commercial relationship with customers;
(b) for purposes identified to individuals or purposes obvious to individuals, in respect of particular collections of personal information;
(c) to meet legal and regulatory requirements;
(d) to understand needs and preferences of individuals;
(e) to develop, enhance, market and/or provide products and services;
(f) to manage and develop Bald Mountain's business and operations, including transfer of data among affiliated entities.
(Further references to "identified purposes" mean the purposes identified above.)
2.2 Bald Mountain shall, as appropriate, specify orally, electronically or in writing the identified purposes to the individual at or before the time personal information is collected. Upon request, persons collecting personal information shall explain these identified purposes or refer the individual to a designated person within Bald Mountain who shall explain the purposes.
CONSENT
The knowledge and consent of an individual are generally required for the collection, use or disclosure of personal information. In certain circumstances personal information can be collected, used or disclosed without the knowledge and consent of the individual, such as in the case of an emergency where the life, health or security of an individual is threatened.
Bald Mountain may disclose personal information without knowledge or consent to a lawyer or other advisor representing Bald Mountain, to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law.
3.1 In obtaining consent, Bald Mountain shall use reasonable efforts to ensure that an individual is advised of the identified purposes for which personal information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the individual.
3.2 Generally, Bald Mountain shall seek consent to use and disclose personal information at the same time it collects the information. However, Bald Mountain may seek consent to use and disclose personal information after it has been collected, but before it is used or disclosed for a new purpose.
3.3 Bald Mountain will require individuals to consent to the collection, use or disclosure of personal information as a condition of the supply of a product or service only if such collection, use or disclosure is reasonably required to fulfill the identified purposes.
3.4 In determining the appropriate form of consent, Bald Mountain shall take into account the sensitivity of the personal information and the reasonable expectations of the individual.
3.5 Where consent is required for a particular use or disclosure, an individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Individuals may contact Bald Mountain for more information regarding the implications of withdrawing consent.
LIMITING COLLECTION OF PERSONAL INFORMATION
Bald Mountain shall limit the collection of personal information to that which is necessary for the purposes identified by Bald Mountain and as permitted by law.
4.1 Bald Mountain collects personal information primarily from the individual to whom the information relates.
4.2 Bald Mountain may also collect personal information from other sources including credit bureaus or other third parties who represent that they have the right to disclose the information, or as otherwise permitted by law.
LIMITING USE, DISCLOSURE AND RETENTION OF PERSONAL INFORMATION
Bald Mountain shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Bald Mountain shall retain personal information only as long as necessary for the fulfillment of those purposes or as required or permitted by law.
5.1 Bald Mountain may disclose an individual's personal information to:
(a) a person who in the reasonable judgment of Bald Mountain is seeking the information as an agent of the individual;
(b) a company or individual employed by Bald Mountain to perform functions on its behalf, such as but not limited to research or data processing;
(c) another company or individual for the development, enhancement, marketing or provision of any of Bald Mountain's products and services;
(d) an agent used by Bald Mountain to evaluate the individual's creditworthiness or to collect the individual's account;
(e) a credit reporting agency;
(f) a public authority or agent of a public authority, if in the reasonable judgment of Bald Mountain, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information;
(g) another entity as part of a merger, a sale of assets or all or part of a business, or any other corporate change or reorganization;
(h) a third party or parties, where the individual consents to such disclosure or disclosure is required or permitted by law.
5.2 Only Bald Mountain employees with a business need to know, or whose duties reasonably so require, are granted access to personal information about individuals.
5.3 Depending on the circumstances, where personal information has been used to make a decision about an individual, Bald Mountain shall retain, for a reasonable period of time, either the actual information or the rationale for making the decision.
5.4 Bald Mountain shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the identified purposes or required or permitted by law to be retained. Such information shall be destroyed, erased or made anonymous.
5.5 Where appropriate, Bald Mountain may communicate updates of personal information to third parties.
ACCURACY
Bald Mountain shall take steps to ensure that personal information is as accurate, complete and up-to-date as is appropriate for its purposes.
6.1 Personal information used by Bald Mountain shall be sufficiently accurate, complete and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about an individual.
6.2 Bald Mountain shall update personal information about individuals as and when reasonably necessary to fulfill the identified purposes or as reasonably requested by the individual.
SECURITY SAFEGUARDS
Bald Mountain shall protect personal information by security safeguards appropriate to the sensitivity of the information.
7.1 Bald Mountain shall take appropriate and reasonable steps to protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction.
7.2 Bald Mountain shall take appropriate and reasonable steps to protect personal information disclosed to third parties, for example by contractual agreements stipulating the confidentiality of the information and the purposes far which it is to be used.
OPENNESS
Bald Mountain shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.
8.1 Copies of this Policy will be made available upon request.
8.2 Bald Mountain shall make information about its policies and procedures easy to understand, including:
(a) the title and addresses of the person or persons accountable for Bald Mountain's compliance with this Policy and to whom inquiries or complaints can be forwarded;
(b) the means of gaining access to personal information held by Bald Mountain; and
(c) a description of the type of personal information held by Bald Mountain, including a general account of its use.
INDIVIDUAL ACCESS
Upon request, Bald Mountain shall inform an individual of the existence, use and disclosure of his or her personal information, at a minimal or no cost to the individual. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
9.1 In certain situations, Bald Mountain may not be able to provide access to all the personal information that it holds about an individual. For example, Bald Mountain may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of an individual. Also, Bald Mountain may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a law. If access to personal information cannot be provided, Bald Mountain shall, upon request, provide the reasons for denying access.
9.2 In order to safeguard personal information, an individual may be required to provide sufficient identification information to permit Bald Mountain to authorize access to the individual's file.
9.3 Individuals can seek access to their personal information by contacting a designated representative at Bald Mountain.
9.4 Bald Mountain will endeavor to respond to all requests within 30 days or, in any event, as required or permitted by applicable law.
HANDLING INQUIRIES AND CHALLENGES
An individual shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for Bald Mountain's compliance with this Policy.
10.1 Bald Mountain shall maintain procedures for addressing and responding to all inquiries or complaints from individuals about Bald Mountain's handling of personal information.
10.2 Bald Mountain shall inform its customers about the existence of these procedures as well as the availability of complaint procedures.
10.3 The person or persons accountable for compliance with this Policy may seek external advice where appropriate before providing a final response to individual complaints.
This Privacy Policy is effective December 5, 2007.