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MAYAN CHANNEL SWIM · PRIVACY NOTICE

Privacy Notice

Open-water swimming crossings Cozumel – Riviera Maya, Quintana Roo, Mexico

English courtesy translation of the Spanish original. In the event of any discrepancy, the Spanish version prevails (section 19.3).

Terms and ConditionsPrivacy NoticeLegal NoticeCookie Policy
Controller
Mayan Channel OWS S. de R.L. de C.V. (trade name: "Mayan Channel Swim")
Version
2026.1
Last update
September 23, 2026
Effectiveness
Upon publication on www.mayanchannelswim.com. Replaces any previous MCS privacy notice.
Type
Comprehensive Privacy Notice (arts. 14 and 15 of the Law). The short-form notice for forms and electronic channels is included as Annex A (art. 16, sec. II).

Preamble

Mayan Channel OWS S. de R.L. de C.V., which operates commercially under the name and brand "Mayan Channel Swim" (hereinafter, "MCS" or the "Controller"), makes this Privacy Notice, in its comprehensive form (hereinafter, the "Notice"), available to the individuals whose personal data it processes (hereinafter, the "Data Subject" or "you"), pursuant to articles 6, section A, subsection II, and 16, second paragraph, of the Political Constitution of the United Mexican States; articles 14, 15, 16 and other applicable articles of the Federal Law on the Protection of Personal Data Held by Private Parties, published in the Official Gazette of the Federation (DOF) on March 20, 2025, as amended (hereinafter, the "Law"); and, insofar as they do not conflict with it, the Regulations of the Federal Law on the Protection of Personal Data Held by Private Parties (DOF December 21, 2011) and the Privacy Notice Guidelines (DOF January 17, 2013).

MCS understands that privacy is part of the trust on which its service model rests: safety, protocol and personalized attention. This Notice is therefore written in clear and precise terms, so that you can make informed decisions about the processing of your personal data.

This Notice applies to the personal data that MCS obtains: (i) through the website www.mayanchannelswim.com and its forms (the "Website"); (ii) by email, WhatsApp Business, social media, video calls, webinars and other communication channels; and (iii) in connection with quoting, registering for, contracting and providing the services of organization and assistance for open-water swimming crossings between Cozumel island and the Riviera Maya, in any of their distances and formats (the "Services"), including the related registration documentation: Single Registration Form, Quotation, Medical Certificate, Companion Profile on the Boat, Geolocation, Liability Waiver and, where applicable, Parent or Guardian Authorization and Undertaking (the "Registration Documents").

Relationship with the other documents. This Notice is one of the documents forming the contract with MCS, pursuant to clause 3.3 of the Terms and Conditions (the "Terms"), together with the Legal Notice and the Cookie Policy. Clause 32 (Personal data protection) of the Terms refers to this Notice, which is the document governing the processing of personal data; contracting, payment, cancellation, risks and the Liability Waiver, and the ownership and use of multimedia material are governed by the Terms.

1. Identity and address of the Controller

1.1 Pursuant to article 15, section I, of the Law, the controller of your personal data is:

Corporate name: Mayan Channel OWS S. de R.L. de C.V.
Trade name: Mayan Channel Swim ("MCS")
Federal Taxpayer Registry (RFC): MCO240719GU5
Address: Paseo de las Higueras (no street number), Colonia Paseos de Taxqueña, C.P. 04250, Coyoacán borough (alcaldía), Mexico City, Mexico
Telephone and official WhatsApp Business: +52 55 1354 4751 (official channel for coordination and prevention of payment fraud)
Website: www.mayanchannelswim.com
Email for ARCO requests, revocation and privacy matters: info@mayanchannelswim.com
Person designated to handle data subjects' requests (art. 29 of the Law): Orlando Iván Mejía Tronco — omejia@mayanchannelswim.com

2. Definitions

For purposes of this Notice, capitalized terms have the following meaning, consistent with article 2 of the Law:

ARCO Rights: Rights of access, rectification, cancellation and objection to the processing of personal data.
Companion: A person who, at the Swimmer's request, travels aboard the boat during the crossing.
Days: Business days, unless otherwise indicated.
MCS Material: Photographs, videos, audio, recordings, drone images and other audiovisual content that MCS, or those acting on its behalf, capture or produce during the Service and related activities (registration, acclimatization, briefing, crossing, interviews, photo sessions and ceremonies), even if the Swimmer appears in it, including the material of the drone and boat photography and video service. Its ownership and use are governed by clauses 27 and 28 of the Terms.
Ministry: The Ministry of Anti-Corruption and Good Governance (Secretaría Anticorrupción y Buen Gobierno), the authority on the protection of personal data held by private parties.
Paramedic: The emergency medical technician or health professional that MCS assigns aboard the support boat.
Partners, allies and sponsors: MCS's internal partners and co-founders, Orlando Iván Mejía Tronco and Juan Fernando Urrutia Valencia, and the individuals or legal entities with which MCS enters or may enter into alliances or sponsorships. The reference to allies and sponsors is precautionary: it covers those MCS may come to have, without them necessarily existing on the date of this Notice.
Personal Data: Any information concerning an identified or identifiable individual.
Processing: Any operation or set of operations, manual or automated, relating to the collection, use, recording, organization, retention, communication, dissemination, storage, transfer or disposal of personal data.
Processor: An individual or legal entity that, alone or jointly with others, processes personal data on behalf of MCS.
Sensitive Personal Data: Data affecting the most intimate sphere of the Data Subject or whose misuse may give rise to discrimination or entail a serious risk for the Data Subject; among them, present or future health status.
Swimmer: A Data Subject who requests a quotation, registers for or takes part in a crossing organized by MCS. If a minor, he or she acts through the person exercising parental authority or guardianship.
Swimmer Material: Photographs, videos, texts, testimonials, reviews and other content that the Swimmer creates, contributes or publishes on his or her own account. It belongs to the Swimmer; MCS only uses it with the Swimmer's authorization, given in writing or by electronic means that leaves a record (clause 29 of the Terms).
Terms: The MCS Terms and Conditions, published on the Website.
Transfer: Any communication of personal data, within or outside Mexico, to a person other than the Data Subject, the Controller or the Processor.

3. Personal data processed

3.1 Categories of data. For the purposes in section 4, MCS may process the following categories of personal data, depending on the Service requested and the stage of the relationship (art. 15, sec. II, of the Law):

A. Identification and contact — Data: Full name; date of birth and age; nationality; country, city, postal code and address; gender; passport number and, where applicable, type and number of any other official identification presented; email; telephone and WhatsApp number; social media username or profile; preferred language; hotel of stay in Cozumel (to coordinate the transfer). · Source: Directly from the Data Subject (Single Registration Form, Website forms, email, WhatsApp, video-call interview, briefing).
B. Emergency contact and Companions — Data: Name, telephone, email and relationship with the Swimmer, of the emergency contact and of the persons who will accompany the Swimmer on board (e.g., coach, physician, family members). · Source: Provided by the Swimmer.
C. Sports and performance data — Data: Chosen distance and format; previous open-water experience and evidence of previous swims (self-declared or proven); goals; swimming pace; information from interviews and orientation questionnaires; times, distance covered, trajectory and crossing metrics; additional time; ranking position. · Source: Data Subject; field measurements taken by MCS.
D. Financial and property data — Data: Amount, schedule, plan and proof of payment; payment reference; payer's name; bank and transfer details; invoicing data (name or corporate name, RFC and tax address, when an invoice is requested). MCS does not store full card numbers: card payments are processed through external payment processors. · Source: Data Subject; payment processors and financial institutions.
E. Geolocation — Data: Position, trajectory and time data obtained by GPS and other MCS measurement systems during the crossing. · Source: MCS measurement systems.
F. Image, voice and audiovisual content — Data: Photographs, video and audio of the Swimmer and, where applicable, the Companions during acclimatization, briefing, crossing, interviews, photo sessions and ceremonies; images captured by drone and from the boat as part of the included photography and video service; recordings of webinars and interviews when you are informed (all of the foregoing, MCS Material); and Swimmer Material that the Swimmer contributes or publishes. · Source: Direct capture by MCS and its providers; the Swimmer, as regards his or her own material.
G. Communications and browsing — Data: Content of your messages (email, WhatsApp, forms, social media); IP address; device and browser type; pages visited; traffic source and campaign parameters; cookie and similar technology identifiers (section 13). · Source: Data Subject; tracking technologies.
H. Sensitive Personal Data: health — Data: Medical history and questionnaire (cardiac, respiratory, neurological, endocrine, digestive, urinary, musculoskeletal, visual, auditory and psychological history; allergies; surgeries; hospitalizations; medication; use of tobacco, alcohol or other substances). Results of medical tests and examinations and fitness opinion. Statement on medications subject to anti-doping rules and, where applicable, TUE. Health information generated during the event: Paramedic assessments, vital signs, administration of oxygen, use of the automated external defibrillator (AED), pre-hospital care and incidents. · Source: Data Subject; examining physician; MCS Paramedic; emergency services.
I. Physician's data — Data: Name, professional license or registration number, medical association, contact details and professional address of the person signing the Medical Certificate. · Source: Data Subject and physician.
J. Data of minors and their representative — Data: Data in the above categories relating to the minor, plus identification, contact details, address and relationship with the minor of the person exercising parental authority or guardianship. · Source: Parent or guardian.

3.2 Sensitive Personal Data. In compliance with article 15, section II, of the Law, you are informed that category H data (present or future health status, including mental health information and use of medications) and category J data relating to the minor's health are Sensitive Personal Data. Their processing requires express written consent (section 5) and is also governed by section 6.

3.3 Data MCS does not request. MCS does not request or process data on racial or ethnic origin, religious, philosophical or moral beliefs, political opinions, sexual preferences, trade union membership, or genetic or biometric information (including facial recognition). If you share them on your own initiative, MCS will not use them for any of the purposes of this Notice.

3.4 Sources. MCS obtains your data (i) directly from you; (ii) indirectly, from your physician, the person exercising parental authority or guardianship, your emergency contact or representative, your Companions and the providers and authorities involved in the Service; and (iii) from publicly available sources, such as public social media profiles you indicate or published results of open-water events you refer to as experience. When data are not obtained directly from you, MCS will make this Notice available to you at the first contact.

4. Purposes of processing

4.1 Necessary purposes. The following purposes are necessary to create, maintain and perform the legal relationship with you and to provide the Services. Their processing requires no consent beyond acceptance of this Notice (without prejudice to section 5 for financial and sensitive data). If you object to them, MCS will not be able to register you or provide the Services (art. 15, sec. III, of the Law):

(1) Open, compile, update and safeguard the Swimmer's file within the organization.
(2) Keep an orderly record of each Swimmer who requests a quotation, registers for or contracts MCS's Services.
(3) Verify your identity, age, nationality, experience and eligibility to take part, as well as the legal capacity of anyone acting on behalf of a minor.
(4) Prepare quotations, formalize the engagement, manage the calendar of dates (slots), and manage payments, payment plans, additional time, cancellations, vouchers and refunds and, where applicable, issue invoices.
(5) Comply with the requirements that the maritime, environmental and other competent authorities impose to legitimize and officially authorize the crossings, and request and process the required permits before the Harbor Master's Office and the Mexican Navy (SEMAR).
(6) Provide the swimming crossing assistance service from Cozumel island to the Riviera Maya, Quintana Roo, Mexico, including coordination of the boat, captain and deckhand, Paramedic, kayak, ground transfer to the start point when the Swimmer stays outside the host hotel, briefing, acclimatization sessions and other activities before and after the crossing.
(7) Assess the Swimmer's fitness and safety conditions based on the Medical Certificate and other health information provided; determine admission, continuation or suspension of the crossing for safety reasons; and plan the response to contingencies.
(8) Provide pre-hospital care and first aid by the Paramedic, manage emergencies, contact your emergency contact and coordinate with emergency services, hospitals and the event insurer.
(9) Carry out the organization's internal protocols and processes based on the Swimmer's personal information, including access control and boat manifests, verification of applicable sports and anti-doping rules and recording of operational incidents.
(10) Measure and record the crossing by geolocation, compute the base time and additional time, and prepare the material necessary to grant the crossing recognition or certificate, official records and the nautical chart.
(11) Record the crossing time in MCS's official ranking (clause 21.4 of the Terms) and, subject to your acceptance of the transfer under section 7.5, with WOWSA (World Open Water Swimming Association) and MSF (Marathon Swimmers Federation). Without that acceptance, the crossing is not registered with those organizations, and this does not constitute a breach by MCS (clause 21.5 of the Terms).
(12) Provide and deliver the included photography and video service (drone photography and video and photography from the boat, clause 27 of the Terms) and, where applicable, the optional services contracted, and capture image and audio of the event for safety, incident documentation and evidence purposes.
(13) Capture, edit, retain, publish and disseminate MCS Material —including the Swimmer's image, voice, name, nationality or country and results contained in it— on the Website, social media, newsletters, advertising material, press releases and other media, by MCS and its partners, allies and sponsors, under sections 4.5 and 5.6.
(14) Send operational and service communications (confirmations, reminders, date changes, weather and safety alerts, briefing instructions) and provide customer service, clarifications, after-sales follow-up and handling of complaints.
(15) Retain documentary, audiovisual and geolocation evidence, as well as records of acceptance and communications, to prove performance of obligations, address claims and exercise or defend MCS's rights before any authority or third party.
(16) Prevent fraud and identity theft, and keep an internal record of contractual breaches, unpaid amounts, disregarded safety instructions, conduct giving rise to disqualification (clause 22 of the Terms) and improper chargebacks (clause 38 of the Terms), for the sole purpose of assessing the Data Subject's admission or continuation in future events, subject to the maximum period of 72 months in section 15.
(17) Comply with legal, tax, accounting and administrative obligations, and respond to requests from authorities.
(18) Prepare internal operating and safety statistics, reports and indicators, using de-identified data.

4.2 Voluntary purposes. The following purposes are not necessary to provide the Services. For them, MCS requires your consent, which you may refuse or withdraw without affecting your registration or the provision of the Services:

(1) Use of Swimmer Material: publish, reproduce and disseminate on the Website, on MCS's social media (Instagram, Facebook, TikTok, YouTube and others) and in other MCS materials the Swimmer Material —photographs, videos, testimonials, reviews and posts that you contribute or publish on your own account, and your social media username—, subject to your express authorization in writing or by electronic means that leaves a record (section 12.5).
(2) Marketing and prospecting: sending newsletters, offers, discounts, coupons, invitations to webinars, new crossings, memberships and products, and information on the personalized training offered independently by a coach linked to the brand (MCS does not provide it; clauses 10.1 and 20.4 of the Terms), by email, WhatsApp, text messages or calls.
(3) Commercial segmentation and personalization: classifying Swimmer and prospect profiles (for example, by experience and distance of interest) to recommend the most suitable distance, format and communications, including through automated tools (section 14).
(4) Satisfaction surveys, requests for testimonials and reviews, and improvement of the Services.
(5) Communications from sister organizations: events, offers and news from open-water organizations with which MCS has a commercial relationship, including Cancun Isla Swim (CIS), only with your express authorization and under section 7.

4.3 How to refuse or object to voluntary purposes. You may express your refusal: (i) by ticking the "I do not accept" box in the Website forms or in the Consent Form (Annex B); (ii) by sending an email to info@mayanchannelswim.com with the subject "Objection to voluntary purposes"; or (iii) through the unsubscribe link included in each communication. If you do not express your refusal within five business days after this Notice is made available to you, MCS will understand that you consent to the processing for voluntary purposes 2, 3 and 4, pursuant to article 7 of the Law, except as provided for minors in section 10. The use of Swimmer Material (voluntary purpose 1) and communications from sister organizations (voluntary purpose 5) always require your express authorization. You may express your refusal at any later time.

4.4 New purposes. If MCS intends to process your data for a purpose other than those set out in this Notice, it must obtain your consent again (art. 11 of the Law).

4.5 MCS Material: the Swimmer's image, voice and data. The capture, editing, retention, publication and dissemination of MCS Material containing the Swimmer's image, voice, name, nationality or country and results (necessary purpose 13 of section 4.1) is a necessary purpose arising from the legal relationship with MCS and is based on: (a) the legal relationship, under which MCS Material is MCS's property even if the Swimmer appears in it and may be used without limit (clause 28 of the Terms), so that the processing is required to exercise a right of MCS and perform the obligations arising from that relationship (art. 9, sec. IV, of the Law); (b) the express consent the Swimmer gives when signing the Single Registration Form (section 5.6); and (c) the consideration for the Service, which includes the drone and boat photography and video service. The use extends to the Website, social media, newsletters, advertising, press and other media, and is carried out by MCS and its partners, allies and sponsors (section 7.2). Safeguards: the Data Subject may object on legitimate grounds and request cancellation (section 12.4); minors enjoy the protection of section 10; and MCS does not disseminate MCS Material showing medical or paramedical care, health incidents or other health data without specific, express written consent (art. 8 of the Law and section 6.2).

5.1 General rule. Once this Notice has been made available to you, if you do not express otherwise, MCS will understand that you consent to the processing of your data for the purposes described herein, except where the Law requires express consent (art. 7 of the Law).

5.2 Financial or property data. Their processing requires express consent, which you give by accepting the Quotation, making payment, ticking the corresponding box in Annex B or in the Website form, or by any other means that unequivocally evidences your will (art. 7 of the Law).

5.3 Sensitive Personal Data. Their processing requires express written consent, by handwritten signature, electronic signature or any authentication mechanism that proves your will (art. 8 of the Law). MCS collects it in the Single Registration Form, the Medical Certificate, the Parent or Guardian Authorization and Undertaking and the Consent Form (Annex B). Without this consent, MCS cannot assess your fitness or admit you to the crossing.

5.4 Cases without consent. MCS may process personal data without your consent in the cases of article 9 of the Law, among others: when necessary to exercise a right or perform obligations arising from the legal relationship with you; in an emergency that may harm a person or property; when indispensable for medical care, prevention, diagnosis or provision of health care while you are unable to consent, by a person subject to professional secrecy; or when ordered by a competent authority through a reasoned resolution or order.

5.5 Revocation and minors. Consent may be revoked under section 9. Consent regarding minors is governed by section 10.

5.6 MCS Material and Swimmer Material. By signing the Single Registration Form, or by ticking statement 6 of Annex B, the Swimmer gives express consent to the capture and use of MCS Material described in section 4.5, including its communication to partners, allies and sponsors (section 7.5). Swimmer Material requires a separate authorization, given in writing or by electronic means that leaves a record (statement 7 of Annex B; clauses 28 and 29 of the Terms). Consent regarding MCS Material may be revoked only with effect for the future (section 9.2), without prejudice to objection on legitimate grounds (section 12.4).

6. Processing of sensitive personal data (health)

6.1 Justification of the database (art. 8 of the Law). MCS keeps health data because open-water swimming across the Cozumel channel, by its nature, entails risks to the life and physical integrity of the person doing it, and that information is indispensable to: (a) verify the Swimmer's fitness; (b) prevent risks and plan safety; (c) allow the Paramedic on board to respond to emergencies; and (d) meet the requirements of the event insurance and of the maritime authorities. The purposes are legitimate, specific and consistent with MCS's explicit activities.

6.2 Minimization and restricted use. MCS requests only the necessary health data. It does not use them for marketing or commercial profiling, or for any purpose other than those indicated, and does not transfer them to WOWSA or MSF.

6.3 Restricted access. Only persons who require it by reason of their function have access to health data: designated management personnel, the Paramedic and, in an emergency, health services. All are subject to a duty of confidentiality (art. 20 of the Law).

6.4 Emergencies. In a medical emergency or a risk to the life or physical integrity of the Swimmer or another person, MCS and its Paramedic may communicate strictly necessary identification and health data to emergency services, hospitals, the insurer and the emergency contact, without additional consent (arts. 9 and 36 of the Law).

6.5 Examining physician. The physician who examines the Swimmer and signs the Medical Certificate is responsible for the confidentiality of his or her professional act under the applicable provisions. MCS processes only the information delivered to it.

6.6 Human involvement. Decisions on fitness, admission or suspension for safety reasons are made by MCS personnel with human involvement and are not based solely on automated processing.

6.7 Minimum period. MCS limits the period of processing of sensitive data to the minimum indispensable, under section 15 (art. 12 of the Law).

7. Transfers, remissions and communication of data

7.1 Principle. MCS does not sell, rent or trade your personal data. It only communicates them to third parties in the following cases.

7.2 Transfers. MCS transfers personal data to the following third parties, for the purposes and with the scope indicated (arts. 35 and 36 of the Law):

WOWSA (World Open Water Swimming Association) and MSF (Marathon Swimmers Federation). Foreign sports organizations: international transfer. — Data: Exclusively: full name, age, nationality, social media username and crossing data (date, distance, format, time, trajectory and nautical chart). Never contact, passport, payment or health data. · Purpose: Time registration; ratification and ranking; promotion and dissemination by those organizations under their own policies. · Consent required?: Yes. Acceptance clause 7.5.
Competent Harbor Master's Office and Mexican Navy (SEMAR); where applicable, environmental authorities (CONANP) — Data: Name, nationality, passport or identification number, age, contact and emergency details, list of Companions and crew and, when required by the authority, only the medical fitness opinion. · Purpose: Process and obtain permits, clearances and authorizations for the crossing; comply with maritime safety and environmental requirements. · Consent required?: No (arts. 9 and 36 of the Law).
Insurer under the policy in force for the event — Data: Identification, date of birth, nationality, contact details, distance and date of the crossing; in the event of a claim, the health data necessary for the claim. · Purpose: Contract, manage and execute the medical insurance coverage included in the Services. · Consent required?: No (art. 36 of the Law).
Operational providers: captain, deckhand and crew, Paramedic, kayakers, drone operators, photographers and transfer drivers — Data: Name, distance, pace, emergency contact, hotel of stay (for the transfer only) and strictly necessary health alerts (e.g., allergies or conditions affecting safety). · Purpose: Perform the Service and ensure safety during the crossing. They are bound by a duty of confidentiality. · Consent required?: No (art. 36 of the Law).
Emergency services, ambulances, hospitals and clinics — Data: Strictly necessary identification and health data. · Purpose: Emergency medical care. · Consent required?: No (arts. 9 and 36 of the Law).
Emergency contact designated by you and Companions — Data: Necessary information on your condition, location or incidents during the crossing. · Purpose: Coordination and safety. · Consent required?: Authorized by you when designating them; in an emergency, art. 9 of the Law.
Sister open-water organizations: Cancun Isla Swim (CIS) and others MCS reports on the Website — Data: Identification, contact details, distance or format of interest. Never health, passport or payment data. · Purpose: Communication of events, offers and news (voluntary purpose 5). · Consent required?: Yes. Express authorization (clause 7.5).
Host hotel (only if you request the preferential rate for MCS Swimmers) — Data: Name, dates of stay and status as an MCS Swimmer. · Purpose: So that the hotel applies the preferential rate. The hotel processes the data as an independent controller, under its own privacy notice. · Consent required?: Yes. Express authorization (clause 7.5).
Independent coach linked to the brand. A third party that offers personalized training on its own account; MCS does not provide it. — Data: Name, email and telephone. Never health, passport or payment data. · Purpose: So that the coach may contact the Swimmer about the personalized training service, which is optional and does not affect registration. The coach processes the data as an independent controller (clauses 10.1 and 20.4 of the Terms). · Consent required?: Yes. Express authorization (clause 7.5).
MCS partners, allies and sponsors. Partners: Orlando Iván Mejía Tronco and Juan Fernando Urrutia Valencia. Allies and sponsors: prospective; precautionary reference. — Data: MCS Material showing the Swimmer's image, voice, name, nationality or country and results. Never contact, passport, payment or health data. · Purpose: Use MCS Material in their communications and advertising, under clause 28 of the Terms. · Consent required?: Yes. Included in the Single Registration Form consent (section 5.6 and clause 7.5).
Judicial, administrative, tax and other authorities — Data: Those required. · Purpose: Comply with reasoned orders and requests; recognize, exercise or defend rights in proceedings. · Consent required?: No (arts. 9 and 36 of the Law).
Legal, accounting and tax advisors and auditors — Data: Those necessary for the engagement. · Purpose: Advice, compliance and defense of MCS's rights. Subject to confidentiality. · Consent required?: No (art. 36 of the Law).
Business successors: in the event of a merger, spin-off, sale or total or partial assignment of the company, a business unit or the brand — Data: Those in the file; health data only when indispensable for obligations in force. · Purpose: Continuity of the Services and of the obligations assumed toward you. The recipient assumes the same obligations as MCS. · Consent required?: Yes. Acceptance clause 7.5.

7.3 Remissions to Processors. To operate, MCS engages providers that process data on its behalf and under its instructions, without this constituting a Transfer. Among others, and by way of example: payment processors and financial institutions; hosting and platform of the Website and registration funnels; automation, CRM and email tools; WhatsApp Business and Meta platforms (Instagram and Facebook); Google services (analytics, Search Console, email and cloud storage); video conferencing and webinars; storage and delivery of photo and video files; and electronic signature. These providers are obliged to process the data in accordance with MCS's instructions, to keep them confidential and to maintain security measures (arts. 13, 18 and 20 of the Law).

7.4 Storage and international transfers. Some recipients and providers (including WOWSA, MSF and technology providers) are located or store information outside Mexico, in countries whose level of protection may not be equivalent to Mexico's. MCS communicates this Notice and the purposes to which you subjected the processing to the recipients, and adopts reasonable contractual and technical measures (art. 35 of the Law).

7.5 Transfer acceptance clause. You state whether or not you accept the transfers that require your consent: (a) to WOWSA and MSF; (b) to sister organizations; (c) to business successors; (d) to the independent coach; and (e) to the host hotel. Transfers (a) and (c) are deemed accepted unless you tick "I do not accept" in the Consent Form (Annex B) or in the Website forms. Transfers (b), (d) and (e), which are made to persons unrelated to the transaction, are only made if you expressly authorize them, by ticking "I authorize" in the Single Registration Form, the Consent Form (Annex B) or the Website forms (art. 76 Bis, sec. I, of the Federal Consumer Protection Law). If you do not accept (a), MCS will not be able to register or ratify your crossing with WOWSA and MSF, and you acknowledge that this may prevent official recognition by those organizations, without constituting a breach by MCS (clause 21.5 of the Terms). If you do not authorize (b), you will not receive communications from those organizations. If you do not authorize (d) or (e), MCS will not communicate your data to the independent coach or the host hotel; these authorizations are optional and do not affect your registration. (f) The transfer of MCS Material to partners, allies and sponsors is inherent in the use of that material (clause 28 of the Terms): its acceptance is included in the image consent you give when signing the Single Registration Form (section 5.6) and does not admit a separate option. The other transfers described do not require consent under article 36 of the Law.

8. ARCO rights

8.1 Rights. You have the right, at any time, to:

Access: know what personal data MCS holds about you, what it uses them for and the conditions and general aspects of their processing.
Rectification: request correction of your data when inaccurate, incomplete or out of date.
Cancellation: request deletion of your data from MCS's files, records and systems, after a blocking period.
Objection: object to the processing of your data, or demand that it cease, on legitimate grounds or in the cases of section 8.8.

Exercising any of these rights is not a prerequisite for, and does not prevent, exercising another.

8.2 Means and requirements. Send your request by email to info@mayanchannelswim.com, addressed to the designated person (section 1), with a copy to omejia@mayanchannelswim.com. The request must contain and be accompanied by:

the Data Subject's full name and address or email for notices, as well as a contact telephone;
a copy of valid official identification (passport, voter card or other) or, if a representative acts, identification of both and a power of attorney signed before two witnesses, a public instrument or a statement made in person by the Data Subject;
a clear and precise description of the data in respect of which the right is exercised (except in the case of access);
a description of the right to be exercised or of what is requested, including the reason for the request;
any element that facilitates locating the data, such as the Registration Form number or the crossing date;
in the case of rectification, the changes to be made and the supporting documentation; and
handwritten or electronic signature of the Data Subject or the representative.

8.3 Periods. MCS will communicate its decision within a maximum of 20 business days from the date it receives the request, to the email you indicate. If admissible, it will give effect to it within 15 business days after communicating the response. Both periods may be extended once for an equal period when justified by the circumstances. If the request does not meet the requirements, MCS may ask you, once and within five business days of receipt, for the missing elements or documents; you will have ten business days to respond, which interrupts MCS's response period; if you do not respond, the request will be deemed not submitted.

8.4 Free of charge. Exercising ARCO rights is free of charge; only the costs of reproduction, copies or shipping may be charged. If you repeat the same request within a period of less than twelve months, costs will not exceed three times the current Unit of Measurement and Update (UMA), unless there are substantial changes to the Notice prompting new requests.

8.5 Form of access. MCS will comply with the right of access by making your data available to you or through simple copies, electronic documents or other means MCS determines, after verification of your identity.

8.6 Grounds for refusal. MCS may refuse the exercise of ARCO rights, in whole or in part, when: (i) the Data Subject or representative is not duly accredited; (ii) the data are not held by MCS; (iii) the rights of a third party would be harmed; (iv) there is a legal impediment or a resolution of a competent authority restricting access or not allowing rectification, cancellation or objection; or (v) the rectification, cancellation or objection has already been carried out. In any event, MCS will inform you in writing of the reason for its decision, by the same means as the request.

8.7 Cancellation, blocking and retention. Cancellation gives rise to a blocking period after which the data will be deleted; during blocking, MCS will retain them only for the liabilities arising from the processing. MCS will not be obliged to cancel data when: they are necessary for the performance of the contract; they must be processed by legal provision; their cancellation would obstruct judicial or administrative proceedings, tax obligations or the investigation of crimes; they are necessary to protect the Data Subject's legally protected interests or to comply with an obligation legally acquired by the Data Subject; or they are processed for medical prevention or diagnosis or management of health services by a professional subject to secrecy. In particular, unless there are duly justified legitimate grounds, MCS will keep blocked the data and evidence necessary to (a) prove the execution and performance of the contract and acceptance of the Liability Waiver and other Registration Documents; (b) address claims; (c) comply with tax obligations and requests from authorities; and (d) preserve the integrity of the sporting record of the crossing (time, certificate and ranking). Once the data are cancelled, MCS will notify you and, if they were transmitted to third parties that still process them, will communicate the request to them so they proceed likewise.

8.8 Objection. Admissible on legitimate grounds and a specific situation justifying that, even if the processing is lawful, it should cease to avoid harm; or when your data are subject to automated processing that produces unwanted legal effects or significantly affects your interests, rights or freedoms, and is intended to evaluate, without human involvement, personal aspects of you. It is not admissible when the processing is necessary to comply with a legal obligation imposed on MCS.

8.9 Defense of your rights. If you consider that MCS did not handle your request in accordance with the Law, or you do not receive a response within the period, you may file a data protection request with the Ministry of Anti-Corruption and Good Governance within the periods established by the Law, counted from the date you are notified of the response or, if you do not receive it, from the expiry of the response period. This is without prejudice to your right to claim any applicable compensation.

9.1 Revocation of consent. You may at any time revoke the consent you give hereby for the processing of your data, without retroactive effect (art. 7 of the Law). To do so, submit your request to info@mayanchannelswim.com, with name, telephone, email, identification, reason for the request and signature. The response will be given within 20 business days and sent to the email you indicate. The consequences of revocation are described in section 9.2.

9.2 Effects of revocation. For certain purposes, revocation of your consent will mean that MCS cannot continue providing the service you requested or that your relationship with MCS ends. In particular, revoking consent for the necessary purposes or for the processing of your health data makes your participation in the crossing impossible and is equivalent to a withdrawal by the Swimmer, governed by clause 13 (Right of Withdrawal and Refund) of the Terms, including its financial consequences and those relating to the Voucher. Revocation of consent regarding MCS Material operates only for the future: it does not affect uses already made or oblige MCS to destroy MCS Material already produced, without prejudice to objection on legitimate grounds (section 12.4). Revocation also does not affect the blocked retention of data that MCS must maintain by legal provision or for the defense of its rights (section 15).

9.3 Options to limit the use or disclosure of your data (art. 15 of the Law). In addition to revocation, MCS offers you the following means:

the unsubscribe link included in each email and replying "STOP" to WhatsApp messages, which MCS will handle promptly and, at the latest, within five business days;
a request by email to info@mayanchannelswim.com to be included in MCS's internal Exclusion List, so that you will not receive advertising;
cookie and browser settings (section 13);
abbreviated ranking publication: before the crossing, and on duly justified legitimate grounds, you may request that your public identification in the ranking be limited to your initials and country. MCS will assess the request and, if admissible, apply it on its own channels; you acknowledge that this may affect recognition by WOWSA and MSF (clauses 21.4 and 21.5 of the Terms); and
registration in the Public Registry to Avoid Advertising (REPEP) of the Federal Consumer Protection Agency, under the Federal Consumer Protection Law.

10. Minors

10.1 Representation. MCS accepts the participation of minors only through the Parent or Guardian Authorization and Undertaking, in addition to the other Registration Documents. Minors' data are obtained exclusively from the person exercising parental authority or guardianship, who gives consent on their behalf and exercises ARCO Rights for them under the representation rules of applicable civil law. The same applies to persons in a state of interdiction or declared incapacity under the law.

10.2 Best interests of the child. MCS processes minors' data with special care and limited to what is strictly necessary, respecting the right of children and adolescents to personal and family privacy and to the protection of their personal data (arts. 76 and 77 of the General Law on the Rights of Children and Adolescents). It does not carry out marketing directed at minors.

10.3 Minors' health data. Processed only with the express written consent of the person exercising parental authority or guardianship (art. 8 of the Law).

10.4 Image and MCS Material. The capture and use of MCS Material showing a minor are based on the express consent of the minor's parent or guardian, given in the Parent or Guardian Authorization and Undertaking, which may be limited in writing before the Briefing (clause 28.7 of the Terms). MCS does not disclose the minor's address, school, real-time location or information that would facilitate locating the minor. In the best interests of the child, the person exercising parental authority or guardianship may at any time request the removal, from MCS's channels, of MCS Material that exposes the minor to risk or harm. Use of Swimmer Material when the Swimmer is a minor also requires the authorization of section 12.5, given by the parent or guardian.

10.5 Data obtained without authorization. If MCS becomes aware that it obtained a minor's data without the authorization of the person exercising parental authority or guardianship (for example, through an online form), it will suspend their use and delete them, except for what it must keep blocked to prove compliance with the Law.

11. Third-party data and communication groups

11.1 Data you provide about other people. The Swimmer may provide data of other people (emergency contact, Companions, physician, representatives). In doing so, the Swimmer declares under oath that (a) he or she has their prior and express authorization to do so; (b) he or she has informed them that their data will be used for emergency, logistics, safety and formalities before authorities, and has made or will make this Notice known to them; and (c) the data are accurate.

11.2 Information to those people. MCS will make the Notice (in its short form) available to Companions at the briefing or through the Companion Profile, and to other third parties at their first contact. These people enjoy ARCO Rights and may exercise them under section 8.

11.3 Limited use. Third-party data are used exclusively for emergency, logistics, safety, manifests before authorities and coordination of the crossing; they are not used for marketing.

11.4 Communication groups. For the operational coordination of a crossing (for example, WhatsApp groups), members can see each other's name, telephone number and profile photo. On joining, each person undertakes to use that information only to coordinate the crossing, not to disclose it or use it for other purposes, and releases MCS from liability for the use other members make of it, except in the case of willful misconduct or gross negligence by MCS. MCS may remove from the group anyone who fails to comply.

12. Geolocation, image and multimedia material

12.1 Geolocation. During the crossing, MCS applies a continuous geolocation methodology using GPS and other professional measurement systems. These data are associated with an identified Swimmer and are used for real-time safety; to compute the base time and additional time; to issue records, certificates and the nautical chart; and to register the crossing with WOWSA and MSF and in MCS's official ranking. Records from the Swimmer's personal devices are the Swimmer's sole responsibility; MCS's official documentation is based solely on data from its own systems, as explained in the "Geolocation" document.

12.2 Image, video and audio (MCS Material). Capturing image, video and audio during the crossing and related activities is necessary to provide the drone and boat photography and video service included in the price and for safety and preservation of evidence (section 4.1, purposes 12 and 15). Its subsequent use, including promotional use, is a necessary purpose arising from the legal relationship and from the express consent given when signing (section 4.1, purpose 13, and sections 4.5 and 5.6). This section and section 4.5 refer to the Swimmer: promotional use of MCS Material showing Companions or persons other than the Swimmer requires their express consent, which Companions give in the Companion Profile on the Boat.

12.3 Ranking and sporting record. The Swimmer's name and time in the official ranking form part of the historical sporting record of the crossing and of the contracted Service (clause 21.4 of the Terms). They are retained for as long as that record exists, except on duly justified legitimate grounds and without prejudice to abbreviated publication (section 9.3).

12.4 Objection and cancellation. The Data Subject may object to the processing of MCS Material and request its cancellation on duly justified legitimate grounds (for example, risk to safety, harassment or harm to honor or privacy), under the Law and the procedure in section 8. If admissible, MCS will cease future uses, remove from its own channels, within a reasonable period, published content that identifies the Data Subject, communicate the request to the partners, allies and sponsors that received the material, and keep the MCS Material blocked to prove performance of the contract and defend its rights (section 8.7). MCS cannot control copies, screenshots or forwarding made by third parties, or the policies of social media platforms.

12.5 Swimmer Material. Swimmer Material belongs to the Swimmer. MCS only publishes, reproduces or disseminates it with the Swimmer's prior authorization, given in writing or by electronic means that leaves a record (statement 7 of Annex B; clause 29 of the Terms). The authorization may be revoked with effect for the future, and MCS keeps a record of it and of its revocation.

13. Tracking technologies and web analytics

13.1 What they are and what they collect. The Website and MCS messages may use cookies, web beacons, pixels, tags and similar technologies (the "Tracking Technologies"), which automatically collect data when you interact with them: IP address, device, browser, language, pages visited, time spent, traffic source, campaign parameters and actions taken (for example, downloading a document or submitting a form).

13.2 Purposes. (a) Technical, security and Website operation (necessary); (b) analytics and improvement of the Website (for example, Google Analytics and Search Console); (c) advertising and remarketing, when advertising platform pixels are used; and (d) usage preferences, such as language. Those in (b) and (c) are only activated if you accept them through the Website's cookie banner.

13.3 How to disable them. You may accept, reject or configure Tracking Technologies from the cookie banner and the "Cookie preferences" link in the Website footer, and from your browser settings. Disabling the necessary ones may affect the operation of the Website. Details, including the providers and periods of each cookie, are in the Cookie Policy at www.mayanchannelswim.com.

13.4 Association with your profile. These data are not used to identify you directly, unless you have already identified yourself (for example, by completing a form), in which case they may be associated with your prospect or customer profile.

14. Automated tools and artificial intelligence

14.1 Uses. MCS may use automated and artificial intelligence tools to: (a) respond to initial messages by WhatsApp, email or chat, schedule interviews and send reminders; (b) classify and prioritize prospects and recommend the most suitable distance or format; (c) transcribe and summarize communications; and (d) draft communications.

14.2 Safeguards.

MCS does not make decisions that produce legal effects on you or significantly affect you —admission, medical fitness, suspension, sanctions, refunds or vouchers— based solely on automated processing; a person is always involved.
Sensitive health data are not entered into general-purpose artificial intelligence tools or used for commercial profiling.
MCS endeavors to select and configure tools and providers that do not use your personal data to train third-party models, and that commit to confidentiality and security.

14.3 Your rights. You may object to automated processing that affects you and request that a person review any result derived from it, by writing to info@mayanchannelswim.com.

15. Retention, blocking and deletion

15.1 Periods. MCS retains data only for as long as necessary to fulfill the purposes of this Notice and the applicable legal obligations. Once active use ends, the data are blocked: they are identified and retained for the sole purpose of determining possible liabilities arising from their processing, without any other use, until the legal or contractual limitation period for such liabilities, and are then deleted.

Swimmer file: identification, contact, engagement, communications and Registration Documents — Active use: During the relationship and up to 12 months after the crossing or termination of the Service. · Subsequent retention (blocking) and deletion: Blocking, only for the defense of rights and compliance with legal obligations, for the limitation period of actions arising from the legal relationship under applicable civil and commercial law, not exceeding 10 years.
Health data (Medical Certificate, questionnaire, tests, Paramedic assessments and medical incidents) — Active use: Up to 12 months after the crossing or cancellation of the Service. · Subsequent retention (blocking) and deletion: Blocking with restricted access and reinforced protection, for the applicable limitation period, not exceeding 10 years; then secure deletion.
Financial and invoicing data — Active use: While collections and invoicing are carried out. · Subsequent retention (blocking) and deletion: The period required by applicable tax and accounting provisions (generally 5 years).
Crossing record: time, trajectory, certificate and ranking — Active use: While the historical sporting record exists. · Subsequent retention (blocking) and deletion: Retention as a sporting record, subject to objection on legitimate grounds and abbreviated publication (sections 9.3 and 12.3).
MCS audiovisual archive (MCS Material) — Active use: Without time limit, as the institutional archive of the event and the brand. · Subsequent retention (blocking) and deletion: Subject to objection and cancellation under section 12.4: if admissible, cessation of future uses, removal from own channels and blocking for the applicable limitation period; then deletion.
Swimmer Material — Active use: While the authorization remains in force. · Subsequent retention (blocking) and deletion: Upon revocation of the authorization, cessation of use and deletion, except for the record of the authorization and its revocation.
Prospects who did not contract (webinars, downloads, forms) — Active use: Up to 24 months from the last contact or until unsubscribing. · Subsequent retention (blocking) and deletion: Deletion.
Emergency contact and Companions — Active use: Up to 12 months after the crossing. · Subsequent retention (blocking) and deletion: Blocking together with the file, only for the defense of rights.
Record of contractual breaches, unpaid amounts, disregarded safety instructions, conduct and improper chargebacks (clauses 22 and 38 of the Terms) — Active use: Up to 72 months from the date of the breach. · Subsequent retention (blocking) and deletion: Deletion after that period.
Browsing data and cookies — Active use: According to the Cookie Policy (maximum 24 months). · Subsequent retention (blocking) and deletion: Deletion.

15.2 Deletion. Once the periods expire, MCS will delete the data by secure erasure or destruction, and may retain de-identified information for statistical purposes.

16. Security measures and breaches

16.1 Measures. MCS establishes and maintains administrative, technical and physical security measures to protect personal data against damage, loss, alteration, destruction or unauthorized use, access or processing, depending on the risk, the sensitivity of the data and technological development. Among them:

Administrative: internal policies and procedures; assignment of responsibilities; need-to-know access; confidentiality agreements or clauses with personnel, providers and Processors; and an incident response protocol.
Technical: access control and authentication; encrypted transmission channels; backups; differentiated and restricted processing of health information; and evaluation of technology providers.
Physical: safekeeping of printed documents (for example, Medical Certificates) in restricted-access spaces and secure destruction of physical copies no longer needed.

MCS does not adopt security measures lower than those it maintains for handling its own information. No system is infallible; MCS therefore reviews and updates its measures periodically.

16.2 Security breaches. If a security breach occurs at any stage of processing that significantly affects your property or moral rights, MCS will inform you immediately by email or by the contact means on file, indicating the nature of the incident, the data compromised, the actions taken and recommendations to protect your interests. It is therefore important to keep your contact details up to date.

17. Accuracy and updating of data

17.1 Accuracy. MCS endeavors to keep data accurate, complete, correct and up to date. The Data Subject warrants that the data provided are truthful, complete and current and, in the case of medical, experience and identity information, so declares under oath.

17.2 Duty to report changes. The Swimmer must report in writing and immediately any relevant fact or circumstance after delivering his or her documents (changes in health, injuries, medication, contact or Companions) and resend updated documents when MCS so requests before the crossing.

17.3 Consequences. Omission, inaccuracy or falsity of information, in particular medical, experience or identity information, may lead MCS to refuse or suspend participation for safety reasons, with the consequences provided in the Liability Waiver and the Terms and Conditions. MCS will not be liable for the effects of inaccurate or incomplete information provided by the Data Subject (section 18).

18. Scope and limits of liability

18.1 Scope. To the extent permitted by the Law, MCS will not be liable for:

the consequences of inaccurate, false, incomplete or outdated data provided by the Data Subject or third parties acting on the Data Subject's behalf;
processing carried out, as independent controllers and under their own privacy notices, by third parties to whom data were transferred under this Notice (for example, WOWSA, MSF, authorities, the insurer, the host hotel, the independent coach and payment processors), once received by them;
the use that other members of communication groups, Companions or other third parties make of information that the Data Subject disclosed or shared in those collective channels;
copying, screenshots, forwarding or reuse by third parties of content lawfully published on social media, or the platforms' policies;
images or recordings that Companions or third parties capture and disseminate on their own account; and
unauthorized access or incidents arising from causes beyond its reasonable control, provided that MCS has complied with the required security measures.

18.2 Non-waivable rights and hierarchy of documents. Nothing in this Notice limits or implies a waiver of the rights the Law grants the Data Subject, or exempts MCS from liability for willful misconduct, gross negligence or security breaches attributable to it. This Notice also does not modify the Liability Waiver, which is governed by its own terms. With respect to the processing of personal data, this Notice prevails over MCS's other documents (clause 32 of the Terms); the ownership and conditions of use of MCS Material and Swimmer Material are governed by clauses 27, 28 and 29 of the Terms, without prejudice to the Data Subject's rights under the Law and to sections 4.5, 12.4 and 12.5 of this Notice.

18.3 Prior handling of disagreements. MCS invites Data Subjects to first raise with the designated person (section 1) any question or disagreement about the processing of their data, which will be handled within the periods in section 8 (see also clause 35 of the Terms: Complaints and claims). This does not limit your right to go to the Ministry or the Federal Consumer Protection Agency. Requests and claims must be made in good faith and with the information necessary for their handling; MCS will keep a record of them and of its response.

19. Authority, governing law and jurisdiction

19.1 Authority. The Ministry of Anti-Corruption and Good Governance, which assumed the functions of the former National Institute for Transparency, Access to Information and Protection of Personal Data (INAI), is the competent authority on the protection of personal data held by private parties and hears the proceedings for protection of rights, verification and imposition of sanctions provided in the Law.

19.2 Governing law and jurisdiction. This Notice is governed by the applicable federal laws of the United Mexican States. For its interpretation and performance, to the extent not subject to administrative proceedings before the Ministry or the Federal Consumer Protection Agency or to non-waivable jurisdiction rules, the parties submit to the courts of Mexico City (federal or local, as appropriate), waiving any other jurisdiction that may correspond to them by reason of their present or future domicile or the place where the Services are provided, under clause 39 of the Terms (Governing law, PROFECO and jurisdiction).

19.3 Language. This Notice is published in Spanish. MCS may offer an English translation as a courtesy; in the event of any discrepancy, the Spanish version prevails.

20. Amendments to the Notice

20.1 Causes. MCS may amend this Notice due to legislative reforms, criteria of the Ministry, changes in its internal policies, new service formats or new market practices.

20.2 Procedure and means of communication (art. 15 of the Law). MCS will publish the updated version at www.mayanchannelswim.com ("Privacy Notice" section), indicating its version number and date, and will keep the version history. When the change is substantial —new purposes, new sensitive data or new transfers requiring consent— MCS will also notify you by email or WhatsApp at the contact on file and, when the Law so requires, will request your consent again. Non-substantial changes take effect upon publication. We recommend that you check the Website periodically.

21. Acceptance

By providing your personal data, signing the Registration Documents, ticking the Website boxes or continuing your relationship with MCS, you acknowledge that you have read and understood this Notice and give your consent under section 5. We recommend that you keep a copy.

Version history

2026.1 — Date: September 23, 2026 · Changes: Comprehensive update in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties (DOF March 20, 2025, as amended) and alignment with MCS's Terms and Conditions, Legal Notice and Cookie Policy (version 2026.1): competent authority; necessary and voluntary purposes; sensitive health data and Paramedic care; MCS Material, drone photography and video service and Swimmer Material; transfers and acceptance clause; minors; geolocation and image; tracking technologies; automated tools; retention and security; Annexes A and B. Replaces the previous privacy notice published on the Website.

ANNEX A — Short-Form Privacy Notice

For Website forms, WhatsApp, email, webinars and other electronic means (art. 16, sec. II, of the Law)

Mayan Channel OWS S. de R.L. de C.V. ("Mayan Channel Swim" or "MCS"), with address at Paseo de las Higueras (no street number), Colonia Paseos de Taxqueña, C.P. 04250, Coyoacán, Mexico City, is the controller of your personal data under the Federal Law on the Protection of Personal Data Held by Private Parties. Data we will process: identification and contact details (including passport); emergency contact and companions; sports and experience data; financial and payment data; geolocation during the crossing; image, voice and video (including drone footage); browsing data; and, with your express written consent, sensitive health data (medical history, test results, fitness, medication statement and Paramedic care).

Necessary purposes (without them we cannot provide the service): compile your file; verify identity, experience and eligibility; quote, contract and collect payment, including additional time; process permits before maritime authorities; assess your fitness and ensure your safety, including emergency care by the Paramedic; measure and record your crossing and issue a certificate and nautical chart; record your time in the MCS ranking and with WOWSA and MSF; provide the photography and video service; capture and use MCS Material (your image, voice, name, nationality and results) in the promotion of MCS and its partners, allies and sponsors; operational communications; retain evidence and comply with legal obligations. You may object on legitimate grounds to the use of MCS Material (section 12.4 of the Notice).

Voluntary purposes (you may refuse without affecting the service): marketing and offers; commercial segmentation; surveys and testimonials (☐ I do not want my data processed for these purposes); and, only with your express authorization, use of Swimmer Material you contribute and communications from sister organizations (Cancun Isla Swim).

We transfer your data to WOWSA and MSF (only name, age, nationality, social media and crossing data; never health data), to maritime and environmental authorities, to the event insurer, to operational and emergency providers, to the independent coach linked to the brand and to the host hotel (only if you authorize it) and, regarding MCS Material, to MCS's partners, allies and sponsors (your acceptance is included in the Single Registration Form consent). The transfer to WOWSA/MSF requires your acceptance (☐ I do not accept); transfers to sister organizations, the independent coach and the host hotel are only made if you expressly authorize them (☐ I authorize).

How to limit the use or disclosure of your data: unsubscribe link in each communication, replying "STOP" on WhatsApp, or a request to info@mayanchannelswim.com. ARCO rights and revocation of consent: info@mayanchannelswim.com, attention Orlando Iván Mejía Tronco (omejia@mayanchannelswim.com). Privacy Notice (comprehensive version): www.mayanchannelswim.com, "Privacy Notice" section (footer). There you will also find how we will inform you of changes to this notice.

Sensitive data, financial data, transfers and voluntary purposes (arts. 7, 8 and 35 of the Law)

Full name of the Data Subject / Swimmer: ______________________________

Registration Form number: ______________________________

Crossing (date, distance and format): ______________________________

Date: ______________________________

I declare that I have read and understood the Mayan Channel Swim Privacy Notice (version 2026.1), available at www.mayanchannelswim.com, and freely state the following:

1. Sensitive personal data (health). I give my express written consent for MCS to process my health data (sections 3, 4 and 6 of the Notice) for the necessary purposes, including their communication, to the extent strictly necessary, to the Paramedic, emergency services, hospitals, the event insurer and the competent maritime authorities. This is indispensable to take part in the crossing.: ☐ I accept ☐ I do not accept
2. Financial and property data. I give my express consent to the processing of my payment and invoicing data under the Notice.: ☐ I accept ☐ I do not accept
3. Transfer to WOWSA and MSF of my full name, age, nationality, social media username and crossing data, for time registration, ratification and ranking. If I do not accept, I understand that my crossing cannot be registered with these organizations.: ☐ I accept ☐ I do not accept
4. Sister organizations. I authorize the transfer of my identification, contact details and interest to Cancun Isla Swim and other organizations reported on the Website, and to receive their communications.: ☐ I authorize ☐ I do not authorize
5. Business successors. I accept that, in the event of a merger, spin-off or assignment of the business or the brand, my data may be transferred to the successor, which will assume the same obligations as MCS.: ☐ I accept ☐ I do not accept
6. MCS Material. I expressly consent to Mayan Channel Swim, by its own means, taking photographs, video (including drone footage) and audio of me during the events and activities related to my participation (registration, acclimatization, briefing, crossing and ceremonies). I acknowledge that all such material is the exclusive property of Mayan Channel Swim, regardless of my personal image appearing in it; that it may use it without limit, with no restriction of time, territory, medium or number of uses, for informational, sports documentation, marketing and advertising purposes, under the Terms and Conditions and the Privacy Notice; and that I will not be entitled to claim remuneration, compensation or rights over my image contained in that material, without prejudice to the rights the law grants me over my personal data and to the personal-use license for the material delivered to me. Material I decide to share with Mayan Channel Swim will remain mine and will only be used with my authorization. This is the same consent as in the Single Registration Form and is not duplicated if I already gave it there. Scope, safeguards and objection: sections 4.5, 5.6, 7.5 and 12.4 of the Notice.: ☐ I accept ☐ I do not accept
7. Swimmer Material. I authorize MCS, through this written or electronic statement, to publish, reproduce and disseminate the Swimmer Material I contribute or publish (photographs, videos, testimonials, reviews and my social media username) on MCS's Website and social media, under section 12.5 of the Notice and clause 29 of the Terms. I may revoke this authorization with effect for the future.: ☐ I accept ☐ I do not accept
8. Marketing and prospecting. I authorize receiving newsletters, offers and invitations by email, WhatsApp, text messages or calls.: ☐ I accept ☐ I do not accept
9. Commercial segmentation and personalization. I authorize MCS to classify my profile to recommend distances, formats and communications to me.: ☐ I accept ☐ I do not accept
10. Surveys, testimonials and reviews. I authorize MCS to contact me for these purposes.: ☐ I accept ☐ I do not accept
11. Third-party data. I declare that the persons whose data I provide (emergency contact, Companions and physician) have been informed and I have their authorization, and that I will make this Notice known to them.: ☐ I confirm
12. Independent coach (optional). I authorize Mayan Channel Swim to communicate my name, email and telephone to the independent coach so that he or she may contact me about the personalized training service. It is optional and does not affect my registration.: ☐ I authorize ☐ I do not authorize
13. Host hotel (optional). I authorize Mayan Channel Swim to communicate my name, dates of stay and status as an MCS Swimmer to the host hotel so that it applies the preferential rate to me.: ☐ I authorize ☐ I do not authorize

For use by the parent or guardian (only if the Swimmer is a minor)

In my capacity as ______________________ (father / mother / guardian) of the minor identified above, I give on the minor's behalf the consents marked in this Form, including the one relating to MCS Material (statement 6), which I may limit in writing before the Briefing (clause 28.7 of the Terms and section 10.4 of the Notice). With respect to the authorization for the minor Swimmer's Material (statement 7), which requires prior and express acceptance: ☐ I authorize ☐ I do not authorize

Signature of the Data Subject / Swimmer (handwritten or electronic): ______________________________

Signature of the parent or guardian (if the Swimmer is a minor): ______________________________

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MAYAN CHANNEL SWIM · PRIVACY NOTICE

Privacy Notice

Open-water swimming crossings Cozumel – Riviera Maya, Quintana Roo, Mexico

English courtesy translation of the Spanish original. In the event of any discrepancy, the Spanish version prevails (section 19.3).

Terms and ConditionsPrivacy NoticeLegal NoticeCookie Policy
Controller
Mayan Channel OWS S. de R.L. de C.V. (trade name: "Mayan Channel Swim")
Version
2026.1
Last update
September 23, 2026
Effectiveness
Upon publication on www.mayanchannelswim.com. Replaces any previous MCS privacy notice.
Type
Comprehensive Privacy Notice (arts. 14 and 15 of the Law). The short-form notice for forms and electronic channels is included as Annex A (art. 16, sec. II).

Preamble

Mayan Channel OWS S. de R.L. de C.V., which operates commercially under the name and brand "Mayan Channel Swim" (hereinafter, "MCS" or the "Controller"), makes this Privacy Notice, in its comprehensive form (hereinafter, the "Notice"), available to the individuals whose personal data it processes (hereinafter, the "Data Subject" or "you"), pursuant to articles 6, section A, subsection II, and 16, second paragraph, of the Political Constitution of the United Mexican States; articles 14, 15, 16 and other applicable articles of the Federal Law on the Protection of Personal Data Held by Private Parties, published in the Official Gazette of the Federation (DOF) on March 20, 2025, as amended (hereinafter, the "Law"); and, insofar as they do not conflict with it, the Regulations of the Federal Law on the Protection of Personal Data Held by Private Parties (DOF December 21, 2011) and the Privacy Notice Guidelines (DOF January 17, 2013).

MCS understands that privacy is part of the trust on which its service model rests: safety, protocol and personalized attention. This Notice is therefore written in clear and precise terms, so that you can make informed decisions about the processing of your personal data.

This Notice applies to the personal data that MCS obtains: (i) through the website www.mayanchannelswim.com and its forms (the "Website"); (ii) by email, WhatsApp Business, social media, video calls, webinars and other communication channels; and (iii) in connection with quoting, registering for, contracting and providing the services of organization and assistance for open-water swimming crossings between Cozumel island and the Riviera Maya, in any of their distances and formats (the "Services"), including the related registration documentation: Single Registration Form, Quotation, Medical Certificate, Companion Profile on the Boat, Geolocation, Liability Waiver and, where applicable, Parent or Guardian Authorization and Undertaking (the "Registration Documents").

Relationship with the other documents. This Notice is one of the documents forming the contract with MCS, pursuant to clause 3.3 of the Terms and Conditions (the "Terms"), together with the Legal Notice and the Cookie Policy. Clause 32 (Personal data protection) of the Terms refers to this Notice, which is the document governing the processing of personal data; contracting, payment, cancellation, risks and the Liability Waiver, and the ownership and use of multimedia material are governed by the Terms.

1. Identity and address of the Controller

1.1 Pursuant to article 15, section I, of the Law, the controller of your personal data is:

Corporate name: Mayan Channel OWS S. de R.L. de C.V.
Trade name: Mayan Channel Swim ("MCS")
Federal Taxpayer Registry (RFC): MCO240719GU5
Address: Paseo de las Higueras (no street number), Colonia Paseos de Taxqueña, C.P. 04250, Coyoacán borough (alcaldía), Mexico City, Mexico
Telephone and official WhatsApp Business: +52 55 1354 4751 (official channel for coordination and prevention of payment fraud)
Website: www.mayanchannelswim.com
Email for ARCO requests, revocation and privacy matters: info@mayanchannelswim.com
Person designated to handle data subjects' requests (art. 29 of the Law): Orlando Iván Mejía Tronco — omejia@mayanchannelswim.com

2. Definitions

For purposes of this Notice, capitalized terms have the following meaning, consistent with article 2 of the Law:

ARCO Rights: Rights of access, rectification, cancellation and objection to the processing of personal data.
Companion: A person who, at the Swimmer's request, travels aboard the boat during the crossing.
Days: Business days, unless otherwise indicated.
MCS Material: Photographs, videos, audio, recordings, drone images and other audiovisual content that MCS, or those acting on its behalf, capture or produce during the Service and related activities (registration, acclimatization, briefing, crossing, interviews, photo sessions and ceremonies), even if the Swimmer appears in it, including the material of the drone and boat photography and video service. Its ownership and use are governed by clauses 27 and 28 of the Terms.
Ministry: The Ministry of Anti-Corruption and Good Governance (Secretaría Anticorrupción y Buen Gobierno), the authority on the protection of personal data held by private parties.
Paramedic: The emergency medical technician or health professional that MCS assigns aboard the support boat.
Partners, allies and sponsors: MCS's internal partners and co-founders, Orlando Iván Mejía Tronco and Juan Fernando Urrutia Valencia, and the individuals or legal entities with which MCS enters or may enter into alliances or sponsorships. The reference to allies and sponsors is precautionary: it covers those MCS may come to have, without them necessarily existing on the date of this Notice.
Personal Data: Any information concerning an identified or identifiable individual.
Processing: Any operation or set of operations, manual or automated, relating to the collection, use, recording, organization, retention, communication, dissemination, storage, transfer or disposal of personal data.
Processor: An individual or legal entity that, alone or jointly with others, processes personal data on behalf of MCS.
Sensitive Personal Data: Data affecting the most intimate sphere of the Data Subject or whose misuse may give rise to discrimination or entail a serious risk for the Data Subject; among them, present or future health status.
Swimmer: A Data Subject who requests a quotation, registers for or takes part in a crossing organized by MCS. If a minor, he or she acts through the person exercising parental authority or guardianship.
Swimmer Material: Photographs, videos, texts, testimonials, reviews and other content that the Swimmer creates, contributes or publishes on his or her own account. It belongs to the Swimmer; MCS only uses it with the Swimmer's authorization, given in writing or by electronic means that leaves a record (clause 29 of the Terms).
Terms: The MCS Terms and Conditions, published on the Website.
Transfer: Any communication of personal data, within or outside Mexico, to a person other than the Data Subject, the Controller or the Processor.

3. Personal data processed

3.1 Categories of data. For the purposes in section 4, MCS may process the following categories of personal data, depending on the Service requested and the stage of the relationship (art. 15, sec. II, of the Law):

A. Identification and contact — Data: Full name; date of birth and age; nationality; country, city, postal code and address; gender; passport number and, where applicable, type and number of any other official identification presented; email; telephone and WhatsApp number; social media username or profile; preferred language; hotel of stay in Cozumel (to coordinate the transfer). · Source: Directly from the Data Subject (Single Registration Form, Website forms, email, WhatsApp, video-call interview, briefing).
B. Emergency contact and Companions — Data: Name, telephone, email and relationship with the Swimmer, of the emergency contact and of the persons who will accompany the Swimmer on board (e.g., coach, physician, family members). · Source: Provided by the Swimmer.
C. Sports and performance data — Data: Chosen distance and format; previous open-water experience and evidence of previous swims (self-declared or proven); goals; swimming pace; information from interviews and orientation questionnaires; times, distance covered, trajectory and crossing metrics; additional time; ranking position. · Source: Data Subject; field measurements taken by MCS.
D. Financial and property data — Data: Amount, schedule, plan and proof of payment; payment reference; payer's name; bank and transfer details; invoicing data (name or corporate name, RFC and tax address, when an invoice is requested). MCS does not store full card numbers: card payments are processed through external payment processors. · Source: Data Subject; payment processors and financial institutions.
E. Geolocation — Data: Position, trajectory and time data obtained by GPS and other MCS measurement systems during the crossing. · Source: MCS measurement systems.
F. Image, voice and audiovisual content — Data: Photographs, video and audio of the Swimmer and, where applicable, the Companions during acclimatization, briefing, crossing, interviews, photo sessions and ceremonies; images captured by drone and from the boat as part of the included photography and video service; recordings of webinars and interviews when you are informed (all of the foregoing, MCS Material); and Swimmer Material that the Swimmer contributes or publishes. · Source: Direct capture by MCS and its providers; the Swimmer, as regards his or her own material.
G. Communications and browsing — Data: Content of your messages (email, WhatsApp, forms, social media); IP address; device and browser type; pages visited; traffic source and campaign parameters; cookie and similar technology identifiers (section 13). · Source: Data Subject; tracking technologies.
H. Sensitive Personal Data: health — Data: Medical history and questionnaire (cardiac, respiratory, neurological, endocrine, digestive, urinary, musculoskeletal, visual, auditory and psychological history; allergies; surgeries; hospitalizations; medication; use of tobacco, alcohol or other substances). Results of medical tests and examinations and fitness opinion. Statement on medications subject to anti-doping rules and, where applicable, TUE. Health information generated during the event: Paramedic assessments, vital signs, administration of oxygen, use of the automated external defibrillator (AED), pre-hospital care and incidents. · Source: Data Subject; examining physician; MCS Paramedic; emergency services.
I. Physician's data — Data: Name, professional license or registration number, medical association, contact details and professional address of the person signing the Medical Certificate. · Source: Data Subject and physician.
J. Data of minors and their representative — Data: Data in the above categories relating to the minor, plus identification, contact details, address and relationship with the minor of the person exercising parental authority or guardianship. · Source: Parent or guardian.

3.2 Sensitive Personal Data. In compliance with article 15, section II, of the Law, you are informed that category H data (present or future health status, including mental health information and use of medications) and category J data relating to the minor's health are Sensitive Personal Data. Their processing requires express written consent (section 5) and is also governed by section 6.

3.3 Data MCS does not request. MCS does not request or process data on racial or ethnic origin, religious, philosophical or moral beliefs, political opinions, sexual preferences, trade union membership, or genetic or biometric information (including facial recognition). If you share them on your own initiative, MCS will not use them for any of the purposes of this Notice.

3.4 Sources. MCS obtains your data (i) directly from you; (ii) indirectly, from your physician, the person exercising parental authority or guardianship, your emergency contact or representative, your Companions and the providers and authorities involved in the Service; and (iii) from publicly available sources, such as public social media profiles you indicate or published results of open-water events you refer to as experience. When data are not obtained directly from you, MCS will make this Notice available to you at the first contact.

4. Purposes of processing

4.1 Necessary purposes. The following purposes are necessary to create, maintain and perform the legal relationship with you and to provide the Services. Their processing requires no consent beyond acceptance of this Notice (without prejudice to section 5 for financial and sensitive data). If you object to them, MCS will not be able to register you or provide the Services (art. 15, sec. III, of the Law):

(1) Open, compile, update and safeguard the Swimmer's file within the organization.
(2) Keep an orderly record of each Swimmer who requests a quotation, registers for or contracts MCS's Services.
(3) Verify your identity, age, nationality, experience and eligibility to take part, as well as the legal capacity of anyone acting on behalf of a minor.
(4) Prepare quotations, formalize the engagement, manage the calendar of dates (slots), and manage payments, payment plans, additional time, cancellations, vouchers and refunds and, where applicable, issue invoices.
(5) Comply with the requirements that the maritime, environmental and other competent authorities impose to legitimize and officially authorize the crossings, and request and process the required permits before the Harbor Master's Office and the Mexican Navy (SEMAR).
(6) Provide the swimming crossing assistance service from Cozumel island to the Riviera Maya, Quintana Roo, Mexico, including coordination of the boat, captain and deckhand, Paramedic, kayak, ground transfer to the start point when the Swimmer stays outside the host hotel, briefing, acclimatization sessions and other activities before and after the crossing.
(7) Assess the Swimmer's fitness and safety conditions based on the Medical Certificate and other health information provided; determine admission, continuation or suspension of the crossing for safety reasons; and plan the response to contingencies.
(8) Provide pre-hospital care and first aid by the Paramedic, manage emergencies, contact your emergency contact and coordinate with emergency services, hospitals and the event insurer.
(9) Carry out the organization's internal protocols and processes based on the Swimmer's personal information, including access control and boat manifests, verification of applicable sports and anti-doping rules and recording of operational incidents.
(10) Measure and record the crossing by geolocation, compute the base time and additional time, and prepare the material necessary to grant the crossing recognition or certificate, official records and the nautical chart.
(11) Record the crossing time in MCS's official ranking (clause 21.4 of the Terms) and, subject to your acceptance of the transfer under section 7.5, with WOWSA (World Open Water Swimming Association) and MSF (Marathon Swimmers Federation). Without that acceptance, the crossing is not registered with those organizations, and this does not constitute a breach by MCS (clause 21.5 of the Terms).
(12) Provide and deliver the included photography and video service (drone photography and video and photography from the boat, clause 27 of the Terms) and, where applicable, the optional services contracted, and capture image and audio of the event for safety, incident documentation and evidence purposes.
(13) Capture, edit, retain, publish and disseminate MCS Material —including the Swimmer's image, voice, name, nationality or country and results contained in it— on the Website, social media, newsletters, advertising material, press releases and other media, by MCS and its partners, allies and sponsors, under sections 4.5 and 5.6.
(14) Send operational and service communications (confirmations, reminders, date changes, weather and safety alerts, briefing instructions) and provide customer service, clarifications, after-sales follow-up and handling of complaints.
(15) Retain documentary, audiovisual and geolocation evidence, as well as records of acceptance and communications, to prove performance of obligations, address claims and exercise or defend MCS's rights before any authority or third party.
(16) Prevent fraud and identity theft, and keep an internal record of contractual breaches, unpaid amounts, disregarded safety instructions, conduct giving rise to disqualification (clause 22 of the Terms) and improper chargebacks (clause 38 of the Terms), for the sole purpose of assessing the Data Subject's admission or continuation in future events, subject to the maximum period of 72 months in section 15.
(17) Comply with legal, tax, accounting and administrative obligations, and respond to requests from authorities.
(18) Prepare internal operating and safety statistics, reports and indicators, using de-identified data.

4.2 Voluntary purposes. The following purposes are not necessary to provide the Services. For them, MCS requires your consent, which you may refuse or withdraw without affecting your registration or the provision of the Services:

(1) Use of Swimmer Material: publish, reproduce and disseminate on the Website, on MCS's social media (Instagram, Facebook, TikTok, YouTube and others) and in other MCS materials the Swimmer Material —photographs, videos, testimonials, reviews and posts that you contribute or publish on your own account, and your social media username—, subject to your express authorization in writing or by electronic means that leaves a record (section 12.5).
(2) Marketing and prospecting: sending newsletters, offers, discounts, coupons, invitations to webinars, new crossings, memberships and products, and information on the personalized training offered independently by a coach linked to the brand (MCS does not provide it; clauses 10.1 and 20.4 of the Terms), by email, WhatsApp, text messages or calls.
(3) Commercial segmentation and personalization: classifying Swimmer and prospect profiles (for example, by experience and distance of interest) to recommend the most suitable distance, format and communications, including through automated tools (section 14).
(4) Satisfaction surveys, requests for testimonials and reviews, and improvement of the Services.
(5) Communications from sister organizations: events, offers and news from open-water organizations with which MCS has a commercial relationship, including Cancun Isla Swim (CIS), only with your express authorization and under section 7.

4.3 How to refuse or object to voluntary purposes. You may express your refusal: (i) by ticking the "I do not accept" box in the Website forms or in the Consent Form (Annex B); (ii) by sending an email to info@mayanchannelswim.com with the subject "Objection to voluntary purposes"; or (iii) through the unsubscribe link included in each communication. If you do not express your refusal within five business days after this Notice is made available to you, MCS will understand that you consent to the processing for voluntary purposes 2, 3 and 4, pursuant to article 7 of the Law, except as provided for minors in section 10. The use of Swimmer Material (voluntary purpose 1) and communications from sister organizations (voluntary purpose 5) always require your express authorization. You may express your refusal at any later time.

4.4 New purposes. If MCS intends to process your data for a purpose other than those set out in this Notice, it must obtain your consent again (art. 11 of the Law).

4.5 MCS Material: the Swimmer's image, voice and data. The capture, editing, retention, publication and dissemination of MCS Material containing the Swimmer's image, voice, name, nationality or country and results (necessary purpose 13 of section 4.1) is a necessary purpose arising from the legal relationship with MCS and is based on: (a) the legal relationship, under which MCS Material is MCS's property even if the Swimmer appears in it and may be used without limit (clause 28 of the Terms), so that the processing is required to exercise a right of MCS and perform the obligations arising from that relationship (art. 9, sec. IV, of the Law); (b) the express consent the Swimmer gives when signing the Single Registration Form (section 5.6); and (c) the consideration for the Service, which includes the drone and boat photography and video service. The use extends to the Website, social media, newsletters, advertising, press and other media, and is carried out by MCS and its partners, allies and sponsors (section 7.2). Safeguards: the Data Subject may object on legitimate grounds and request cancellation (section 12.4); minors enjoy the protection of section 10; and MCS does not disseminate MCS Material showing medical or paramedical care, health incidents or other health data without specific, express written consent (art. 8 of the Law and section 6.2).

5.1 General rule. Once this Notice has been made available to you, if you do not express otherwise, MCS will understand that you consent to the processing of your data for the purposes described herein, except where the Law requires express consent (art. 7 of the Law).

5.2 Financial or property data. Their processing requires express consent, which you give by accepting the Quotation, making payment, ticking the corresponding box in Annex B or in the Website form, or by any other means that unequivocally evidences your will (art. 7 of the Law).

5.3 Sensitive Personal Data. Their processing requires express written consent, by handwritten signature, electronic signature or any authentication mechanism that proves your will (art. 8 of the Law). MCS collects it in the Single Registration Form, the Medical Certificate, the Parent or Guardian Authorization and Undertaking and the Consent Form (Annex B). Without this consent, MCS cannot assess your fitness or admit you to the crossing.

5.4 Cases without consent. MCS may process personal data without your consent in the cases of article 9 of the Law, among others: when necessary to exercise a right or perform obligations arising from the legal relationship with you; in an emergency that may harm a person or property; when indispensable for medical care, prevention, diagnosis or provision of health care while you are unable to consent, by a person subject to professional secrecy; or when ordered by a competent authority through a reasoned resolution or order.

5.5 Revocation and minors. Consent may be revoked under section 9. Consent regarding minors is governed by section 10.

5.6 MCS Material and Swimmer Material. By signing the Single Registration Form, or by ticking statement 6 of Annex B, the Swimmer gives express consent to the capture and use of MCS Material described in section 4.5, including its communication to partners, allies and sponsors (section 7.5). Swimmer Material requires a separate authorization, given in writing or by electronic means that leaves a record (statement 7 of Annex B; clauses 28 and 29 of the Terms). Consent regarding MCS Material may be revoked only with effect for the future (section 9.2), without prejudice to objection on legitimate grounds (section 12.4).

6. Processing of sensitive personal data (health)

6.1 Justification of the database (art. 8 of the Law). MCS keeps health data because open-water swimming across the Cozumel channel, by its nature, entails risks to the life and physical integrity of the person doing it, and that information is indispensable to: (a) verify the Swimmer's fitness; (b) prevent risks and plan safety; (c) allow the Paramedic on board to respond to emergencies; and (d) meet the requirements of the event insurance and of the maritime authorities. The purposes are legitimate, specific and consistent with MCS's explicit activities.

6.2 Minimization and restricted use. MCS requests only the necessary health data. It does not use them for marketing or commercial profiling, or for any purpose other than those indicated, and does not transfer them to WOWSA or MSF.

6.3 Restricted access. Only persons who require it by reason of their function have access to health data: designated management personnel, the Paramedic and, in an emergency, health services. All are subject to a duty of confidentiality (art. 20 of the Law).

6.4 Emergencies. In a medical emergency or a risk to the life or physical integrity of the Swimmer or another person, MCS and its Paramedic may communicate strictly necessary identification and health data to emergency services, hospitals, the insurer and the emergency contact, without additional consent (arts. 9 and 36 of the Law).

6.5 Examining physician. The physician who examines the Swimmer and signs the Medical Certificate is responsible for the confidentiality of his or her professional act under the applicable provisions. MCS processes only the information delivered to it.

6.6 Human involvement. Decisions on fitness, admission or suspension for safety reasons are made by MCS personnel with human involvement and are not based solely on automated processing.

6.7 Minimum period. MCS limits the period of processing of sensitive data to the minimum indispensable, under section 15 (art. 12 of the Law).

7. Transfers, remissions and communication of data

7.1 Principle. MCS does not sell, rent or trade your personal data. It only communicates them to third parties in the following cases.

7.2 Transfers. MCS transfers personal data to the following third parties, for the purposes and with the scope indicated (arts. 35 and 36 of the Law):

WOWSA (World Open Water Swimming Association) and MSF (Marathon Swimmers Federation). Foreign sports organizations: international transfer. — Data: Exclusively: full name, age, nationality, social media username and crossing data (date, distance, format, time, trajectory and nautical chart). Never contact, passport, payment or health data. · Purpose: Time registration; ratification and ranking; promotion and dissemination by those organizations under their own policies. · Consent required?: Yes. Acceptance clause 7.5.
Competent Harbor Master's Office and Mexican Navy (SEMAR); where applicable, environmental authorities (CONANP) — Data: Name, nationality, passport or identification number, age, contact and emergency details, list of Companions and crew and, when required by the authority, only the medical fitness opinion. · Purpose: Process and obtain permits, clearances and authorizations for the crossing; comply with maritime safety and environmental requirements. · Consent required?: No (arts. 9 and 36 of the Law).
Insurer under the policy in force for the event — Data: Identification, date of birth, nationality, contact details, distance and date of the crossing; in the event of a claim, the health data necessary for the claim. · Purpose: Contract, manage and execute the medical insurance coverage included in the Services. · Consent required?: No (art. 36 of the Law).
Operational providers: captain, deckhand and crew, Paramedic, kayakers, drone operators, photographers and transfer drivers — Data: Name, distance, pace, emergency contact, hotel of stay (for the transfer only) and strictly necessary health alerts (e.g., allergies or conditions affecting safety). · Purpose: Perform the Service and ensure safety during the crossing. They are bound by a duty of confidentiality. · Consent required?: No (art. 36 of the Law).
Emergency services, ambulances, hospitals and clinics — Data: Strictly necessary identification and health data. · Purpose: Emergency medical care. · Consent required?: No (arts. 9 and 36 of the Law).
Emergency contact designated by you and Companions — Data: Necessary information on your condition, location or incidents during the crossing. · Purpose: Coordination and safety. · Consent required?: Authorized by you when designating them; in an emergency, art. 9 of the Law.
Sister open-water organizations: Cancun Isla Swim (CIS) and others MCS reports on the Website — Data: Identification, contact details, distance or format of interest. Never health, passport or payment data. · Purpose: Communication of events, offers and news (voluntary purpose 5). · Consent required?: Yes. Express authorization (clause 7.5).
Host hotel (only if you request the preferential rate for MCS Swimmers) — Data: Name, dates of stay and status as an MCS Swimmer. · Purpose: So that the hotel applies the preferential rate. The hotel processes the data as an independent controller, under its own privacy notice. · Consent required?: Yes. Express authorization (clause 7.5).
Independent coach linked to the brand. A third party that offers personalized training on its own account; MCS does not provide it. — Data: Name, email and telephone. Never health, passport or payment data. · Purpose: So that the coach may contact the Swimmer about the personalized training service, which is optional and does not affect registration. The coach processes the data as an independent controller (clauses 10.1 and 20.4 of the Terms). · Consent required?: Yes. Express authorization (clause 7.5).
MCS partners, allies and sponsors. Partners: Orlando Iván Mejía Tronco and Juan Fernando Urrutia Valencia. Allies and sponsors: prospective; precautionary reference. — Data: MCS Material showing the Swimmer's image, voice, name, nationality or country and results. Never contact, passport, payment or health data. · Purpose: Use MCS Material in their communications and advertising, under clause 28 of the Terms. · Consent required?: Yes. Included in the Single Registration Form consent (section 5.6 and clause 7.5).
Judicial, administrative, tax and other authorities — Data: Those required. · Purpose: Comply with reasoned orders and requests; recognize, exercise or defend rights in proceedings. · Consent required?: No (arts. 9 and 36 of the Law).
Legal, accounting and tax advisors and auditors — Data: Those necessary for the engagement. · Purpose: Advice, compliance and defense of MCS's rights. Subject to confidentiality. · Consent required?: No (art. 36 of the Law).
Business successors: in the event of a merger, spin-off, sale or total or partial assignment of the company, a business unit or the brand — Data: Those in the file; health data only when indispensable for obligations in force. · Purpose: Continuity of the Services and of the obligations assumed toward you. The recipient assumes the same obligations as MCS. · Consent required?: Yes. Acceptance clause 7.5.

7.3 Remissions to Processors. To operate, MCS engages providers that process data on its behalf and under its instructions, without this constituting a Transfer. Among others, and by way of example: payment processors and financial institutions; hosting and platform of the Website and registration funnels; automation, CRM and email tools; WhatsApp Business and Meta platforms (Instagram and Facebook); Google services (analytics, Search Console, email and cloud storage); video conferencing and webinars; storage and delivery of photo and video files; and electronic signature. These providers are obliged to process the data in accordance with MCS's instructions, to keep them confidential and to maintain security measures (arts. 13, 18 and 20 of the Law).

7.4 Storage and international transfers. Some recipients and providers (including WOWSA, MSF and technology providers) are located or store information outside Mexico, in countries whose level of protection may not be equivalent to Mexico's. MCS communicates this Notice and the purposes to which you subjected the processing to the recipients, and adopts reasonable contractual and technical measures (art. 35 of the Law).

7.5 Transfer acceptance clause. You state whether or not you accept the transfers that require your consent: (a) to WOWSA and MSF; (b) to sister organizations; (c) to business successors; (d) to the independent coach; and (e) to the host hotel. Transfers (a) and (c) are deemed accepted unless you tick "I do not accept" in the Consent Form (Annex B) or in the Website forms. Transfers (b), (d) and (e), which are made to persons unrelated to the transaction, are only made if you expressly authorize them, by ticking "I authorize" in the Single Registration Form, the Consent Form (Annex B) or the Website forms (art. 76 Bis, sec. I, of the Federal Consumer Protection Law). If you do not accept (a), MCS will not be able to register or ratify your crossing with WOWSA and MSF, and you acknowledge that this may prevent official recognition by those organizations, without constituting a breach by MCS (clause 21.5 of the Terms). If you do not authorize (b), you will not receive communications from those organizations. If you do not authorize (d) or (e), MCS will not communicate your data to the independent coach or the host hotel; these authorizations are optional and do not affect your registration. (f) The transfer of MCS Material to partners, allies and sponsors is inherent in the use of that material (clause 28 of the Terms): its acceptance is included in the image consent you give when signing the Single Registration Form (section 5.6) and does not admit a separate option. The other transfers described do not require consent under article 36 of the Law.

8. ARCO rights

8.1 Rights. You have the right, at any time, to:

Access: know what personal data MCS holds about you, what it uses them for and the conditions and general aspects of their processing.
Rectification: request correction of your data when inaccurate, incomplete or out of date.
Cancellation: request deletion of your data from MCS's files, records and systems, after a blocking period.
Objection: object to the processing of your data, or demand that it cease, on legitimate grounds or in the cases of section 8.8.

Exercising any of these rights is not a prerequisite for, and does not prevent, exercising another.

8.2 Means and requirements. Send your request by email to info@mayanchannelswim.com, addressed to the designated person (section 1), with a copy to omejia@mayanchannelswim.com. The request must contain and be accompanied by:

the Data Subject's full name and address or email for notices, as well as a contact telephone;
a copy of valid official identification (passport, voter card or other) or, if a representative acts, identification of both and a power of attorney signed before two witnesses, a public instrument or a statement made in person by the Data Subject;
a clear and precise description of the data in respect of which the right is exercised (except in the case of access);
a description of the right to be exercised or of what is requested, including the reason for the request;
any element that facilitates locating the data, such as the Registration Form number or the crossing date;
in the case of rectification, the changes to be made and the supporting documentation; and
handwritten or electronic signature of the Data Subject or the representative.

8.3 Periods. MCS will communicate its decision within a maximum of 20 business days from the date it receives the request, to the email you indicate. If admissible, it will give effect to it within 15 business days after communicating the response. Both periods may be extended once for an equal period when justified by the circumstances. If the request does not meet the requirements, MCS may ask you, once and within five business days of receipt, for the missing elements or documents; you will have ten business days to respond, which interrupts MCS's response period; if you do not respond, the request will be deemed not submitted.

8.4 Free of charge. Exercising ARCO rights is free of charge; only the costs of reproduction, copies or shipping may be charged. If you repeat the same request within a period of less than twelve months, costs will not exceed three times the current Unit of Measurement and Update (UMA), unless there are substantial changes to the Notice prompting new requests.

8.5 Form of access. MCS will comply with the right of access by making your data available to you or through simple copies, electronic documents or other means MCS determines, after verification of your identity.

8.6 Grounds for refusal. MCS may refuse the exercise of ARCO rights, in whole or in part, when: (i) the Data Subject or representative is not duly accredited; (ii) the data are not held by MCS; (iii) the rights of a third party would be harmed; (iv) there is a legal impediment or a resolution of a competent authority restricting access or not allowing rectification, cancellation or objection; or (v) the rectification, cancellation or objection has already been carried out. In any event, MCS will inform you in writing of the reason for its decision, by the same means as the request.

8.7 Cancellation, blocking and retention. Cancellation gives rise to a blocking period after which the data will be deleted; during blocking, MCS will retain them only for the liabilities arising from the processing. MCS will not be obliged to cancel data when: they are necessary for the performance of the contract; they must be processed by legal provision; their cancellation would obstruct judicial or administrative proceedings, tax obligations or the investigation of crimes; they are necessary to protect the Data Subject's legally protected interests or to comply with an obligation legally acquired by the Data Subject; or they are processed for medical prevention or diagnosis or management of health services by a professional subject to secrecy. In particular, unless there are duly justified legitimate grounds, MCS will keep blocked the data and evidence necessary to (a) prove the execution and performance of the contract and acceptance of the Liability Waiver and other Registration Documents; (b) address claims; (c) comply with tax obligations and requests from authorities; and (d) preserve the integrity of the sporting record of the crossing (time, certificate and ranking). Once the data are cancelled, MCS will notify you and, if they were transmitted to third parties that still process them, will communicate the request to them so they proceed likewise.

8.8 Objection. Admissible on legitimate grounds and a specific situation justifying that, even if the processing is lawful, it should cease to avoid harm; or when your data are subject to automated processing that produces unwanted legal effects or significantly affects your interests, rights or freedoms, and is intended to evaluate, without human involvement, personal aspects of you. It is not admissible when the processing is necessary to comply with a legal obligation imposed on MCS.

8.9 Defense of your rights. If you consider that MCS did not handle your request in accordance with the Law, or you do not receive a response within the period, you may file a data protection request with the Ministry of Anti-Corruption and Good Governance within the periods established by the Law, counted from the date you are notified of the response or, if you do not receive it, from the expiry of the response period. This is without prejudice to your right to claim any applicable compensation.

9.1 Revocation of consent. You may at any time revoke the consent you give hereby for the processing of your data, without retroactive effect (art. 7 of the Law). To do so, submit your request to info@mayanchannelswim.com, with name, telephone, email, identification, reason for the request and signature. The response will be given within 20 business days and sent to the email you indicate. The consequences of revocation are described in section 9.2.

9.2 Effects of revocation. For certain purposes, revocation of your consent will mean that MCS cannot continue providing the service you requested or that your relationship with MCS ends. In particular, revoking consent for the necessary purposes or for the processing of your health data makes your participation in the crossing impossible and is equivalent to a withdrawal by the Swimmer, governed by clause 13 (Right of Withdrawal and Refund) of the Terms, including its financial consequences and those relating to the Voucher. Revocation of consent regarding MCS Material operates only for the future: it does not affect uses already made or oblige MCS to destroy MCS Material already produced, without prejudice to objection on legitimate grounds (section 12.4). Revocation also does not affect the blocked retention of data that MCS must maintain by legal provision or for the defense of its rights (section 15).

9.3 Options to limit the use or disclosure of your data (art. 15 of the Law). In addition to revocation, MCS offers you the following means:

the unsubscribe link included in each email and replying "STOP" to WhatsApp messages, which MCS will handle promptly and, at the latest, within five business days;
a request by email to info@mayanchannelswim.com to be included in MCS's internal Exclusion List, so that you will not receive advertising;
cookie and browser settings (section 13);
abbreviated ranking publication: before the crossing, and on duly justified legitimate grounds, you may request that your public identification in the ranking be limited to your initials and country. MCS will assess the request and, if admissible, apply it on its own channels; you acknowledge that this may affect recognition by WOWSA and MSF (clauses 21.4 and 21.5 of the Terms); and
registration in the Public Registry to Avoid Advertising (REPEP) of the Federal Consumer Protection Agency, under the Federal Consumer Protection Law.

10. Minors

10.1 Representation. MCS accepts the participation of minors only through the Parent or Guardian Authorization and Undertaking, in addition to the other Registration Documents. Minors' data are obtained exclusively from the person exercising parental authority or guardianship, who gives consent on their behalf and exercises ARCO Rights for them under the representation rules of applicable civil law. The same applies to persons in a state of interdiction or declared incapacity under the law.

10.2 Best interests of the child. MCS processes minors' data with special care and limited to what is strictly necessary, respecting the right of children and adolescents to personal and family privacy and to the protection of their personal data (arts. 76 and 77 of the General Law on the Rights of Children and Adolescents). It does not carry out marketing directed at minors.

10.3 Minors' health data. Processed only with the express written consent of the person exercising parental authority or guardianship (art. 8 of the Law).

10.4 Image and MCS Material. The capture and use of MCS Material showing a minor are based on the express consent of the minor's parent or guardian, given in the Parent or Guardian Authorization and Undertaking, which may be limited in writing before the Briefing (clause 28.7 of the Terms). MCS does not disclose the minor's address, school, real-time location or information that would facilitate locating the minor. In the best interests of the child, the person exercising parental authority or guardianship may at any time request the removal, from MCS's channels, of MCS Material that exposes the minor to risk or harm. Use of Swimmer Material when the Swimmer is a minor also requires the authorization of section 12.5, given by the parent or guardian.

10.5 Data obtained without authorization. If MCS becomes aware that it obtained a minor's data without the authorization of the person exercising parental authority or guardianship (for example, through an online form), it will suspend their use and delete them, except for what it must keep blocked to prove compliance with the Law.

11. Third-party data and communication groups

11.1 Data you provide about other people. The Swimmer may provide data of other people (emergency contact, Companions, physician, representatives). In doing so, the Swimmer declares under oath that (a) he or she has their prior and express authorization to do so; (b) he or she has informed them that their data will be used for emergency, logistics, safety and formalities before authorities, and has made or will make this Notice known to them; and (c) the data are accurate.

11.2 Information to those people. MCS will make the Notice (in its short form) available to Companions at the briefing or through the Companion Profile, and to other third parties at their first contact. These people enjoy ARCO Rights and may exercise them under section 8.

11.3 Limited use. Third-party data are used exclusively for emergency, logistics, safety, manifests before authorities and coordination of the crossing; they are not used for marketing.

11.4 Communication groups. For the operational coordination of a crossing (for example, WhatsApp groups), members can see each other's name, telephone number and profile photo. On joining, each person undertakes to use that information only to coordinate the crossing, not to disclose it or use it for other purposes, and releases MCS from liability for the use other members make of it, except in the case of willful misconduct or gross negligence by MCS. MCS may remove from the group anyone who fails to comply.

12. Geolocation, image and multimedia material

12.1 Geolocation. During the crossing, MCS applies a continuous geolocation methodology using GPS and other professional measurement systems. These data are associated with an identified Swimmer and are used for real-time safety; to compute the base time and additional time; to issue records, certificates and the nautical chart; and to register the crossing with WOWSA and MSF and in MCS's official ranking. Records from the Swimmer's personal devices are the Swimmer's sole responsibility; MCS's official documentation is based solely on data from its own systems, as explained in the "Geolocation" document.

12.2 Image, video and audio (MCS Material). Capturing image, video and audio during the crossing and related activities is necessary to provide the drone and boat photography and video service included in the price and for safety and preservation of evidence (section 4.1, purposes 12 and 15). Its subsequent use, including promotional use, is a necessary purpose arising from the legal relationship and from the express consent given when signing (section 4.1, purpose 13, and sections 4.5 and 5.6). This section and section 4.5 refer to the Swimmer: promotional use of MCS Material showing Companions or persons other than the Swimmer requires their express consent, which Companions give in the Companion Profile on the Boat.

12.3 Ranking and sporting record. The Swimmer's name and time in the official ranking form part of the historical sporting record of the crossing and of the contracted Service (clause 21.4 of the Terms). They are retained for as long as that record exists, except on duly justified legitimate grounds and without prejudice to abbreviated publication (section 9.3).

12.4 Objection and cancellation. The Data Subject may object to the processing of MCS Material and request its cancellation on duly justified legitimate grounds (for example, risk to safety, harassment or harm to honor or privacy), under the Law and the procedure in section 8. If admissible, MCS will cease future uses, remove from its own channels, within a reasonable period, published content that identifies the Data Subject, communicate the request to the partners, allies and sponsors that received the material, and keep the MCS Material blocked to prove performance of the contract and defend its rights (section 8.7). MCS cannot control copies, screenshots or forwarding made by third parties, or the policies of social media platforms.

12.5 Swimmer Material. Swimmer Material belongs to the Swimmer. MCS only publishes, reproduces or disseminates it with the Swimmer's prior authorization, given in writing or by electronic means that leaves a record (statement 7 of Annex B; clause 29 of the Terms). The authorization may be revoked with effect for the future, and MCS keeps a record of it and of its revocation.

13. Tracking technologies and web analytics

13.1 What they are and what they collect. The Website and MCS messages may use cookies, web beacons, pixels, tags and similar technologies (the "Tracking Technologies"), which automatically collect data when you interact with them: IP address, device, browser, language, pages visited, time spent, traffic source, campaign parameters and actions taken (for example, downloading a document or submitting a form).

13.2 Purposes. (a) Technical, security and Website operation (necessary); (b) analytics and improvement of the Website (for example, Google Analytics and Search Console); (c) advertising and remarketing, when advertising platform pixels are used; and (d) usage preferences, such as language. Those in (b) and (c) are only activated if you accept them through the Website's cookie banner.

13.3 How to disable them. You may accept, reject or configure Tracking Technologies from the cookie banner and the "Cookie preferences" link in the Website footer, and from your browser settings. Disabling the necessary ones may affect the operation of the Website. Details, including the providers and periods of each cookie, are in the Cookie Policy at www.mayanchannelswim.com.

13.4 Association with your profile. These data are not used to identify you directly, unless you have already identified yourself (for example, by completing a form), in which case they may be associated with your prospect or customer profile.

14. Automated tools and artificial intelligence

14.1 Uses. MCS may use automated and artificial intelligence tools to: (a) respond to initial messages by WhatsApp, email or chat, schedule interviews and send reminders; (b) classify and prioritize prospects and recommend the most suitable distance or format; (c) transcribe and summarize communications; and (d) draft communications.

14.2 Safeguards.

MCS does not make decisions that produce legal effects on you or significantly affect you —admission, medical fitness, suspension, sanctions, refunds or vouchers— based solely on automated processing; a person is always involved.
Sensitive health data are not entered into general-purpose artificial intelligence tools or used for commercial profiling.
MCS endeavors to select and configure tools and providers that do not use your personal data to train third-party models, and that commit to confidentiality and security.

14.3 Your rights. You may object to automated processing that affects you and request that a person review any result derived from it, by writing to info@mayanchannelswim.com.

15. Retention, blocking and deletion

15.1 Periods. MCS retains data only for as long as necessary to fulfill the purposes of this Notice and the applicable legal obligations. Once active use ends, the data are blocked: they are identified and retained for the sole purpose of determining possible liabilities arising from their processing, without any other use, until the legal or contractual limitation period for such liabilities, and are then deleted.

Swimmer file: identification, contact, engagement, communications and Registration Documents — Active use: During the relationship and up to 12 months after the crossing or termination of the Service. · Subsequent retention (blocking) and deletion: Blocking, only for the defense of rights and compliance with legal obligations, for the limitation period of actions arising from the legal relationship under applicable civil and commercial law, not exceeding 10 years.
Health data (Medical Certificate, questionnaire, tests, Paramedic assessments and medical incidents) — Active use: Up to 12 months after the crossing or cancellation of the Service. · Subsequent retention (blocking) and deletion: Blocking with restricted access and reinforced protection, for the applicable limitation period, not exceeding 10 years; then secure deletion.
Financial and invoicing data — Active use: While collections and invoicing are carried out. · Subsequent retention (blocking) and deletion: The period required by applicable tax and accounting provisions (generally 5 years).
Crossing record: time, trajectory, certificate and ranking — Active use: While the historical sporting record exists. · Subsequent retention (blocking) and deletion: Retention as a sporting record, subject to objection on legitimate grounds and abbreviated publication (sections 9.3 and 12.3).
MCS audiovisual archive (MCS Material) — Active use: Without time limit, as the institutional archive of the event and the brand. · Subsequent retention (blocking) and deletion: Subject to objection and cancellation under section 12.4: if admissible, cessation of future uses, removal from own channels and blocking for the applicable limitation period; then deletion.
Swimmer Material — Active use: While the authorization remains in force. · Subsequent retention (blocking) and deletion: Upon revocation of the authorization, cessation of use and deletion, except for the record of the authorization and its revocation.
Prospects who did not contract (webinars, downloads, forms) — Active use: Up to 24 months from the last contact or until unsubscribing. · Subsequent retention (blocking) and deletion: Deletion.
Emergency contact and Companions — Active use: Up to 12 months after the crossing. · Subsequent retention (blocking) and deletion: Blocking together with the file, only for the defense of rights.
Record of contractual breaches, unpaid amounts, disregarded safety instructions, conduct and improper chargebacks (clauses 22 and 38 of the Terms) — Active use: Up to 72 months from the date of the breach. · Subsequent retention (blocking) and deletion: Deletion after that period.
Browsing data and cookies — Active use: According to the Cookie Policy (maximum 24 months). · Subsequent retention (blocking) and deletion: Deletion.

15.2 Deletion. Once the periods expire, MCS will delete the data by secure erasure or destruction, and may retain de-identified information for statistical purposes.

16. Security measures and breaches

16.1 Measures. MCS establishes and maintains administrative, technical and physical security measures to protect personal data against damage, loss, alteration, destruction or unauthorized use, access or processing, depending on the risk, the sensitivity of the data and technological development. Among them:

Administrative: internal policies and procedures; assignment of responsibilities; need-to-know access; confidentiality agreements or clauses with personnel, providers and Processors; and an incident response protocol.
Technical: access control and authentication; encrypted transmission channels; backups; differentiated and restricted processing of health information; and evaluation of technology providers.
Physical: safekeeping of printed documents (for example, Medical Certificates) in restricted-access spaces and secure destruction of physical copies no longer needed.

MCS does not adopt security measures lower than those it maintains for handling its own information. No system is infallible; MCS therefore reviews and updates its measures periodically.

16.2 Security breaches. If a security breach occurs at any stage of processing that significantly affects your property or moral rights, MCS will inform you immediately by email or by the contact means on file, indicating the nature of the incident, the data compromised, the actions taken and recommendations to protect your interests. It is therefore important to keep your contact details up to date.

17. Accuracy and updating of data

17.1 Accuracy. MCS endeavors to keep data accurate, complete, correct and up to date. The Data Subject warrants that the data provided are truthful, complete and current and, in the case of medical, experience and identity information, so declares under oath.

17.2 Duty to report changes. The Swimmer must report in writing and immediately any relevant fact or circumstance after delivering his or her documents (changes in health, injuries, medication, contact or Companions) and resend updated documents when MCS so requests before the crossing.

17.3 Consequences. Omission, inaccuracy or falsity of information, in particular medical, experience or identity information, may lead MCS to refuse or suspend participation for safety reasons, with the consequences provided in the Liability Waiver and the Terms and Conditions. MCS will not be liable for the effects of inaccurate or incomplete information provided by the Data Subject (section 18).

18. Scope and limits of liability

18.1 Scope. To the extent permitted by the Law, MCS will not be liable for:

the consequences of inaccurate, false, incomplete or outdated data provided by the Data Subject or third parties acting on the Data Subject's behalf;
processing carried out, as independent controllers and under their own privacy notices, by third parties to whom data were transferred under this Notice (for example, WOWSA, MSF, authorities, the insurer, the host hotel, the independent coach and payment processors), once received by them;
the use that other members of communication groups, Companions or other third parties make of information that the Data Subject disclosed or shared in those collective channels;
copying, screenshots, forwarding or reuse by third parties of content lawfully published on social media, or the platforms' policies;
images or recordings that Companions or third parties capture and disseminate on their own account; and
unauthorized access or incidents arising from causes beyond its reasonable control, provided that MCS has complied with the required security measures.

18.2 Non-waivable rights and hierarchy of documents. Nothing in this Notice limits or implies a waiver of the rights the Law grants the Data Subject, or exempts MCS from liability for willful misconduct, gross negligence or security breaches attributable to it. This Notice also does not modify the Liability Waiver, which is governed by its own terms. With respect to the processing of personal data, this Notice prevails over MCS's other documents (clause 32 of the Terms); the ownership and conditions of use of MCS Material and Swimmer Material are governed by clauses 27, 28 and 29 of the Terms, without prejudice to the Data Subject's rights under the Law and to sections 4.5, 12.4 and 12.5 of this Notice.

18.3 Prior handling of disagreements. MCS invites Data Subjects to first raise with the designated person (section 1) any question or disagreement about the processing of their data, which will be handled within the periods in section 8 (see also clause 35 of the Terms: Complaints and claims). This does not limit your right to go to the Ministry or the Federal Consumer Protection Agency. Requests and claims must be made in good faith and with the information necessary for their handling; MCS will keep a record of them and of its response.

19. Authority, governing law and jurisdiction

19.1 Authority. The Ministry of Anti-Corruption and Good Governance, which assumed the functions of the former National Institute for Transparency, Access to Information and Protection of Personal Data (INAI), is the competent authority on the protection of personal data held by private parties and hears the proceedings for protection of rights, verification and imposition of sanctions provided in the Law.

19.2 Governing law and jurisdiction. This Notice is governed by the applicable federal laws of the United Mexican States. For its interpretation and performance, to the extent not subject to administrative proceedings before the Ministry or the Federal Consumer Protection Agency or to non-waivable jurisdiction rules, the parties submit to the courts of Mexico City (federal or local, as appropriate), waiving any other jurisdiction that may correspond to them by reason of their present or future domicile or the place where the Services are provided, under clause 39 of the Terms (Governing law, PROFECO and jurisdiction).

19.3 Language. This Notice is published in Spanish. MCS may offer an English translation as a courtesy; in the event of any discrepancy, the Spanish version prevails.

20. Amendments to the Notice

20.1 Causes. MCS may amend this Notice due to legislative reforms, criteria of the Ministry, changes in its internal policies, new service formats or new market practices.

20.2 Procedure and means of communication (art. 15 of the Law). MCS will publish the updated version at www.mayanchannelswim.com ("Privacy Notice" section), indicating its version number and date, and will keep the version history. When the change is substantial —new purposes, new sensitive data or new transfers requiring consent— MCS will also notify you by email or WhatsApp at the contact on file and, when the Law so requires, will request your consent again. Non-substantial changes take effect upon publication. We recommend that you check the Website periodically.

21. Acceptance

By providing your personal data, signing the Registration Documents, ticking the Website boxes or continuing your relationship with MCS, you acknowledge that you have read and understood this Notice and give your consent under section 5. We recommend that you keep a copy.

Version history

2026.1 — Date: September 23, 2026 · Changes: Comprehensive update in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties (DOF March 20, 2025, as amended) and alignment with MCS's Terms and Conditions, Legal Notice and Cookie Policy (version 2026.1): competent authority; necessary and voluntary purposes; sensitive health data and Paramedic care; MCS Material, drone photography and video service and Swimmer Material; transfers and acceptance clause; minors; geolocation and image; tracking technologies; automated tools; retention and security; Annexes A and B. Replaces the previous privacy notice published on the Website.

ANNEX A — Short-Form Privacy Notice

For Website forms, WhatsApp, email, webinars and other electronic means (art. 16, sec. II, of the Law)

Mayan Channel OWS S. de R.L. de C.V. ("Mayan Channel Swim" or "MCS"), with address at Paseo de las Higueras (no street number), Colonia Paseos de Taxqueña, C.P. 04250, Coyoacán, Mexico City, is the controller of your personal data under the Federal Law on the Protection of Personal Data Held by Private Parties. Data we will process: identification and contact details (including passport); emergency contact and companions; sports and experience data; financial and payment data; geolocation during the crossing; image, voice and video (including drone footage); browsing data; and, with your express written consent, sensitive health data (medical history, test results, fitness, medication statement and Paramedic care).

Necessary purposes (without them we cannot provide the service): compile your file; verify identity, experience and eligibility; quote, contract and collect payment, including additional time; process permits before maritime authorities; assess your fitness and ensure your safety, including emergency care by the Paramedic; measure and record your crossing and issue a certificate and nautical chart; record your time in the MCS ranking and with WOWSA and MSF; provide the photography and video service; capture and use MCS Material (your image, voice, name, nationality and results) in the promotion of MCS and its partners, allies and sponsors; operational communications; retain evidence and comply with legal obligations. You may object on legitimate grounds to the use of MCS Material (section 12.4 of the Notice).

Voluntary purposes (you may refuse without affecting the service): marketing and offers; commercial segmentation; surveys and testimonials (☐ I do not want my data processed for these purposes); and, only with your express authorization, use of Swimmer Material you contribute and communications from sister organizations (Cancun Isla Swim).

We transfer your data to WOWSA and MSF (only name, age, nationality, social media and crossing data; never health data), to maritime and environmental authorities, to the event insurer, to operational and emergency providers, to the independent coach linked to the brand and to the host hotel (only if you authorize it) and, regarding MCS Material, to MCS's partners, allies and sponsors (your acceptance is included in the Single Registration Form consent). The transfer to WOWSA/MSF requires your acceptance (☐ I do not accept); transfers to sister organizations, the independent coach and the host hotel are only made if you expressly authorize them (☐ I authorize).

How to limit the use or disclosure of your data: unsubscribe link in each communication, replying "STOP" on WhatsApp, or a request to info@mayanchannelswim.com. ARCO rights and revocation of consent: info@mayanchannelswim.com, attention Orlando Iván Mejía Tronco (omejia@mayanchannelswim.com). Privacy Notice (comprehensive version): www.mayanchannelswim.com, "Privacy Notice" section (footer). There you will also find how we will inform you of changes to this notice.

Sensitive data, financial data, transfers and voluntary purposes (arts. 7, 8 and 35 of the Law)

Full name of the Data Subject / Swimmer: ______________________________

Registration Form number: ______________________________

Crossing (date, distance and format): ______________________________

Date: ______________________________

I declare that I have read and understood the Mayan Channel Swim Privacy Notice (version 2026.1), available at www.mayanchannelswim.com, and freely state the following:

1. Sensitive personal data (health). I give my express written consent for MCS to process my health data (sections 3, 4 and 6 of the Notice) for the necessary purposes, including their communication, to the extent strictly necessary, to the Paramedic, emergency services, hospitals, the event insurer and the competent maritime authorities. This is indispensable to take part in the crossing.: ☐ I accept ☐ I do not accept
2. Financial and property data. I give my express consent to the processing of my payment and invoicing data under the Notice.: ☐ I accept ☐ I do not accept
3. Transfer to WOWSA and MSF of my full name, age, nationality, social media username and crossing data, for time registration, ratification and ranking. If I do not accept, I understand that my crossing cannot be registered with these organizations.: ☐ I accept ☐ I do not accept
4. Sister organizations. I authorize the transfer of my identification, contact details and interest to Cancun Isla Swim and other organizations reported on the Website, and to receive their communications.: ☐ I authorize ☐ I do not authorize
5. Business successors. I accept that, in the event of a merger, spin-off or assignment of the business or the brand, my data may be transferred to the successor, which will assume the same obligations as MCS.: ☐ I accept ☐ I do not accept
6. MCS Material. I expressly consent to Mayan Channel Swim, by its own means, taking photographs, video (including drone footage) and audio of me during the events and activities related to my participation (registration, acclimatization, briefing, crossing and ceremonies). I acknowledge that all such material is the exclusive property of Mayan Channel Swim, regardless of my personal image appearing in it; that it may use it without limit, with no restriction of time, territory, medium or number of uses, for informational, sports documentation, marketing and advertising purposes, under the Terms and Conditions and the Privacy Notice; and that I will not be entitled to claim remuneration, compensation or rights over my image contained in that material, without prejudice to the rights the law grants me over my personal data and to the personal-use license for the material delivered to me. Material I decide to share with Mayan Channel Swim will remain mine and will only be used with my authorization. This is the same consent as in the Single Registration Form and is not duplicated if I already gave it there. Scope, safeguards and objection: sections 4.5, 5.6, 7.5 and 12.4 of the Notice.: ☐ I accept ☐ I do not accept
7. Swimmer Material. I authorize MCS, through this written or electronic statement, to publish, reproduce and disseminate the Swimmer Material I contribute or publish (photographs, videos, testimonials, reviews and my social media username) on MCS's Website and social media, under section 12.5 of the Notice and clause 29 of the Terms. I may revoke this authorization with effect for the future.: ☐ I accept ☐ I do not accept
8. Marketing and prospecting. I authorize receiving newsletters, offers and invitations by email, WhatsApp, text messages or calls.: ☐ I accept ☐ I do not accept
9. Commercial segmentation and personalization. I authorize MCS to classify my profile to recommend distances, formats and communications to me.: ☐ I accept ☐ I do not accept
10. Surveys, testimonials and reviews. I authorize MCS to contact me for these purposes.: ☐ I accept ☐ I do not accept
11. Third-party data. I declare that the persons whose data I provide (emergency contact, Companions and physician) have been informed and I have their authorization, and that I will make this Notice known to them.: ☐ I confirm
12. Independent coach (optional). I authorize Mayan Channel Swim to communicate my name, email and telephone to the independent coach so that he or she may contact me about the personalized training service. It is optional and does not affect my registration.: ☐ I authorize ☐ I do not authorize
13. Host hotel (optional). I authorize Mayan Channel Swim to communicate my name, dates of stay and status as an MCS Swimmer to the host hotel so that it applies the preferential rate to me.: ☐ I authorize ☐ I do not authorize

For use by the parent or guardian (only if the Swimmer is a minor)

In my capacity as ______________________ (father / mother / guardian) of the minor identified above, I give on the minor's behalf the consents marked in this Form, including the one relating to MCS Material (statement 6), which I may limit in writing before the Briefing (clause 28.7 of the Terms and section 10.4 of the Notice). With respect to the authorization for the minor Swimmer's Material (statement 7), which requires prior and express acceptance: ☐ I authorize ☐ I do not authorize

Signature of the Data Subject / Swimmer (handwritten or electronic): ______________________________

Signature of the parent or guardian (if the Swimmer is a minor): ______________________________

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