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).
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.
1.1 Pursuant to article 15, section I, of the Law, the controller of your personal data is:
For purposes of this Notice, capitalized terms have the following meaning, consistent with article 2 of the Law:
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):
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.
4.1 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):
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:
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).
6.1 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).
7.1 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):
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.
8.1 Rights. You have the right, at any time, to:
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:
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:
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.
11.1 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.
12.1 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.
13.1 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.
14.1 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.
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.
15.1 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.
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.
16.1 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:
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.
17.1 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).
18.1 Scope. To the extent permitted by the Law, MCS will not be liable for:
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.
19.1 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.
20.1 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.
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.
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:
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): ______________________________
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).
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.
1.1 Pursuant to article 15, section I, of the Law, the controller of your personal data is:
For purposes of this Notice, capitalized terms have the following meaning, consistent with article 2 of the Law:
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):
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.
4.1 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):
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:
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).
6.1 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).
7.1 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):
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.
8.1 Rights. You have the right, at any time, to:
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:
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:
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.
11.1 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.
12.1 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.
13.1 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.
14.1 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.
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.
15.1 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.
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.
16.1 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:
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.
17.1 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).
18.1 Scope. To the extent permitted by the Law, MCS will not be liable for:
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.
19.1 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.
20.1 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.
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.
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:
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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We use necessary cookies to make the site work and, only with your consent, analytics and marketing cookies to improve your experience and measure our campaigns.
Ensure technical operation, security and fraud prevention; maintain the session; remember the User’s express choices.
Measure Website traffic and performance, understand how it is used and improve it, without directly identifying the User.
Measure campaign effectiveness, attribute the origin of contacts and show relevant communications on third-party platforms (advertising and remarketing).