Data Protection Policy

Effective Date: January 5, 2026
Last Updated: January 5, 2026
Version: 1.0


PART A: UNIVERSAL PROVISIONS

1. Data Controller

MTP Consulting S.A., a Panamanian company commercially known as Medical Tourism Packages, registered under number 155756653 (“MTP,” “the Company,” “we,” “us,” or “our”), is the data controller responsible for personal data collected through this website and in connection with our coordination services.

Privacy Contact:
Email: privacy@medicaltourismpackages.com
Website: https://www.medicaltourismpackages.com

Important Distinction: MTP is a medical tourism facilitator that coordinates travel logistics and introduces clients to licensed medical professionals and healthcare institutions in Latin America. MTP is not a hospital, clinic, doctor, or healthcare provider and does not provide medical advice, diagnosis, or treatment.


2. Definitions

For the purposes of this Policy:

TermDefinition
Personal DataAny information relating to an identified or identifiable natural person
Sensitive DataPersonal data revealing health conditions, medical history, biometric data, or genetic information
ProcessingAny operation performed on personal data, including collection, storage, transmission, and deletion
Data ControllerThe entity that determines the purposes and means of processing personal data
Data ProcessorAn entity that processes personal data on behalf of a controller
Healthcare PartnersIndependent hospitals, clinics, physicians, and medical facilities to which MTP refers clients
Transient ProcessingThe temporary handling of health data solely for transmission to Healthcare Partners, followed by deletion
ARCO RightsRights of Access (Acceso), Rectification (Rectificación), Cancellation (Cancelación), and Opposition (Oposición) under Panama Law 81
ClientAny individual who requests a quotation, engages our services, or submits personal data to MTP

3. Scope and Applicability

This Data Protection Policy applies to:

  • All visitors to our website at medicaltourismpackages.com
  • All individuals who request quotations or information from MTP
  • All clients who engage MTP’s coordination services
  • All personal data processed by MTP, regardless of the data subject’s nationality or residence

Geographic Scope: This Policy applies worldwide. MTP coordinates medical tourism services across Latin America (Panama, Colombia, Costa Rica, Mexico) for international clients.

Relationship to Other Documents: This Policy supplements our general Privacy Policy. For data protection matters, this Policy prevails over the general Privacy Policy, subject always to the supremacy of any executed Service Agreements (including, but not limited to, Quotes, KYC Disclosures, and Waivers) as set forth in Section 19.1.


4. Data Categories

MTP processes two distinct tiers of personal data with different handling requirements:

Tier 1: Administrative and Compliance Data (Retained)

Data TypeExamplesPurpose
Identity InformationFull name, passport number, nationality, date of birth, photographIdentity verification, KYC compliance
Contact InformationEmail address, phone number, physical addressCommunication, coordination
Financial InformationPayment details, invoices, receipts, proof of paymentPayment processing, accounting
KYC/AML DocumentationSource of funds declarations, PEP screening resultsRegulatory compliance, fraud prevention
Contracts and AgreementsSigned KYC disclosures, service agreements, quotation acceptancesLegal documentation
Coordination RecordsService requests, itineraries, communication logsService delivery, administrative monitoring

Tier 2: Health Data (Transient)

Data TypeExamplesProcessing Approach
Medical HistoryPrior conditions, surgeries, current medications, allergiesTransient – deleted after transmission
Diagnostic RecordsLaboratory results, pathology reports, medical notesTransient – deleted after transmission
Medical ImagingX-rays, MRI scans, CT scans, ultrasoundsTransient – deleted after transmission
Treatment ObjectivesDesired procedures, treatment preferences, cosmetic goalsTransient – deleted after transmission

Critical Distinction: Health-related data (Tier 2) is processed on a fundamentally different basis than administrative data (Tier 1). See Section 8 for the Transient Processing Model.


5. How We Collect Data

We collect personal data through the following channels:

(a) Website Forms

  • Contact forms and quote request forms
  • Newsletter subscription forms
  • Online consultation booking forms

(b) Direct Communication

  • Email correspondence
  • Phone conversations
  • Video consultations
  • Messaging applications (WhatsApp, etc.)

(c) KYC Process

  • Identity document submission
  • Source of funds documentation
  • Signed KYC Disclosure and Waiver of Liability

(d) Healthcare Partner Referrals

  • Information provided by Healthcare Partners regarding coordination (limited to administrative matters only)

(e) Automated Collection

  • Cookies and similar tracking technologies (see Section 15)
  • Server logs recording IP addresses and browser information

We do not purchase, rent, or otherwise acquire personal data from third-party data brokers.


6. Purpose of Processing

We process personal data for the following purposes:

PurposeData Categories UsedLegal Basis
Providing quotationsContact, Health (transient)Consent, Pre-contractual measures
Coordinating medical tourism servicesAll categoriesContract performance
Transmitting information to Healthcare PartnersIdentity, Contact, Health (transient)Explicit consent
Processing paymentsIdentity, FinancialContract performance
KYC/AML complianceIdentity, KYC documentationLegal obligation
Fraud preventionIdentity, Financial, KYCLegal obligation, Legitimate interest
Communication and supportContact, Coordination recordsContract performance, Legitimate interest
Website analytics and improvementTechnical data (anonymized)Consent, Legitimate interest
Marketing communicationsContactConsent (opt-in only)
Legal claims and disputesAll relevant categoriesLegitimate interest, Legal obligation

Purpose Limitation: We process personal data only for the purposes stated in this Policy. We do not use health data for marketing, profiling, or any purpose other than transmission to Healthcare Partners for coordination.


Our processing activities are based on the following legal grounds:

For Administrative Data (Tier 1):

(a) Contractual Necessity
Processing necessary for the performance of our coordination services contract with you.

(b) Legal Obligation
Processing required by Panama Law 23 (AML), Panama Law 52 (commercial records), and other applicable regulations.

(c) Legitimate Interest
Processing necessary for fraud prevention, service improvement, and business administration, where such interests are not overridden by your rights.

For Health Data (Tier 2):

(a) Explicit Consent
Health data is classified as “sensitive data” (datos sensibles) under Panama Law 81. We process health data only with your explicit, informed, and unequivocal consent.

Your consent is:

  • Specific: Limited to transmission to identified Healthcare Partners
  • Informed: You are told exactly what data will be transmitted and to whom
  • Freely given: Not a condition of receiving administrative services
  • Withdrawable: You may withdraw consent at any time (see Section 12)

8. Transient Processing Model

This section describes MTP’s core data protection framework and is essential to understanding how we handle health data.

8.1 The Transient Processing Principle

Health-related data is processed solely on a transient basis for transmission to medical providers and is not retained in permanent files, except where retention is required to establish, exercise, or defend legal claims.

MTP operates as a conduit, not a repository, for health data. We collect health information solely for the purpose of transmitting it to Healthcare Partners to obtain quotations and coordinate your care. Once transmission is complete, health data is deleted from our systems.

8.2 How Transient Processing Works

StageActionTimeframe
CollectionClient submits medical records, imaging, or health questionnaireDay 0
ReviewMTP reviews for completeness only (no clinical analysis)Days 0-3
TransmissionData transmitted to Healthcare Partner(s) via secure channelsDays 1-7
ConfirmationMTP confirms successful receipt by Healthcare PartnerWithin 48 hours of transmission
DeletionHealth data permanently deleted from MTP systemsWithout undue delay after confirmed transmission

8.3 What “No Clinical Review” Means

MTP does not analyze, interpret, or provide medical opinions regarding any medical data transmitted.

MTP staff:

  • DO verify that files are readable and complete
  • DO organize documents for transmission
  • DO NOT interpret medical results
  • DO NOT evaluate whether treatment is appropriate
  • DO NOT provide medical advice of any kind

8.4 Liability Protection Implications

The transient processing model means:

  • MTP cannot produce health records in legal discovery — we do not possess them
  • MTP cannot suffer a health data breach — we do not retain health data long-term
  • MTP is not a medical records custodian — we bear no custodial liability

9. Data Retention Schedule

Data CategoryRetention PeriodLegal BasisDeletion Method
Health Data (Tier 2)Transient (deleted without undue delay after transmission)Purpose limitation (Law 81)Secure permanent deletion
KYC/AML Documentation7 years from end of relationshipPanama Law 23 (AML), Law 52Secure destruction
Financial Records7 yearsPanama Law 52, Tax CodeSecure destruction
Contracts and Agreements7 yearsCommercial Code of PanamaSecure destruction
Coordination Records7 yearsLegitimate interest, Legal claimsSecure deletion
Contact InformationUntil consent withdrawalConsentImmediate deletion on request
Website Analytics14 monthsConsentAutomatic expiration
Marketing PreferencesUntil consent withdrawalConsentImmediate deletion on request

“End of Relationship” means the later of: (a) completion of all coordinated services; or (b) resolution of any disputes or claims.

Exceptions: Data may be retained longer if required by law, court order, or ongoing legal proceedings.


10. Cross-Border Data Transfers

10.1 Destination Countries

Your personal data may be transferred to and processed in:

CountryPurposeEntity Types
PanamaMTP headquarters, primary processingMTP Consulting S.A.
ColombiaHealthcare Partner coordination, local logisticsHospitals, clinics, Viajes Plus SAGOC
Costa RicaHealthcare Partner coordinationHospitals, clinics
MexicoHealthcare Partner coordinationHospitals, clinics
United StatesPayment processing, cloud infrastructurePayment processors, hosting providers

10.2 Transfer Safeguards

We ensure appropriate safeguards for international transfers:

(a) Explicit Consent
For health data transfers, we obtain your explicit consent acknowledging the destination countries.

(b) Contractual Protections
We require Healthcare Partners and service providers to maintain appropriate security measures.

(c) Adequacy Considerations
We assess the data protection environment of each destination and implement additional safeguards where necessary.

10.3 Your Acknowledgment

By authorizing data transmission to Healthcare Partners, you explicitly consent to cross-border transfers to the countries listed above.


11. Healthcare Partners as Independent Controllers

This section is critical for understanding liability allocation.

11.1 Controller-to-Controller Transfers

When MTP transmits your personal data to Healthcare Partners (hospitals, clinics, physicians), those Healthcare Partners become independent Data Controllers for all purposes under applicable data protection law.

RoleEntityPurposeResponsibility
Controller 1MTP Consulting S.A.Facilitation, quoting, coordinationMTP’s data handling only
Controller 2Healthcare PartnerMedical evaluation, diagnosis, treatmentHealthcare Partner’s data handling

11.2 Not a Processor Relationship

This is NOT a controller-processor relationship. Healthcare Partners:

  • Do not process data “on behalf of” MTP
  • Receive data to perform their own independent medical services
  • Operate under their own privacy policies
  • Are subject to their own local data protection laws (e.g., Colombia’s Law 1581, Mexico’s LFPDPPP)

11.3 Liability Separation

MTP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CREDENTIALS, COMPETENCE, OR QUALITY OF ANY HEALTHCARE PARTNER.

Consequence: Once data is successfully transmitted to a Healthcare Partner:

  • That Healthcare Partner assumes full and sole responsibility for their data handling
  • MTP has no ability to control, access, modify, or delete data held by Healthcare Partners
  • Data protection requests regarding data held by Healthcare Partners must be directed to those Partners

Panama Law 81 requires that consent be “prior, informed, and unequivocal” for sensitive data. MTP uses an unbundled consent mechanism with separate authorizations for different processing purposes:

Consent TypeRequired ForCan Be Withdrawn
Administrative Data ConsentProcessing identity, contact, financial data for coordinationYes, but may prevent service delivery
Health Data Transmission ConsentCollecting and transmitting medical records to Healthcare PartnersYes, at any time
Marketing Communications ConsentSending newsletters, promotions, service updatesYes, at any time
Cookie ConsentNon-essential cookies and analyticsYes, via cookie settings

(a) Client Agreement Process
For clients engaging our services, explicit consent is obtained through our Client Agreement, which includes separate acknowledgments for:

  • Authorization to handle and transmit medical information for coordination purposes
  • Acknowledgment that MTP performs no clinical review of medical data
  • Consent to cross-border data transfers to Healthcare Partners

(b) Online Forms
Explicit consent is obtained through clear, affirmative mechanisms such as unticked checkboxes requiring active selection, with specific acknowledgments for:

  • Processing contact information for inquiry response
  • Health data transmission to Healthcare Partners (with transient deletion disclosure)
  • Cross-border data transfers to specified destination countries
  • Marketing communications (optional)

For sensitive health data processing, consent checkboxes are not pre-ticked. Consent requires affirmative action by the data subject.

You may withdraw consent by emailing privacy@medicaltourismpackages.com. Withdrawal does not affect the lawfulness of processing before withdrawal.


13. Security Measures

We implement commercially reasonable security measures to protect your information.

The transient processing model provides inherent security protection: data that is not retained cannot be breached.

No method of electronic transmission or storage is 100% secure. You acknowledge that you provide personal information at your own risk.


14. Data Breach Notification

14.1 Our Commitment

In the event of a security incident involving unauthorized access to, disclosure of, or loss of personal data under MTP’s direct control, we will notify Panama authorities (ANTAI) without undue delay and in accordance with applicable statutory timeframes.

14.2 Scope Limitation

Our breach notification commitment applies only to incidents within MTP’s direct systems. Given our transient processing model for health data, breach exposure is limited to:

  • Administrative and compliance data (Tier 1)
  • Health data during the brief transmission window (Tier 2)

We are not responsible for security incidents at Healthcare Partners or other third parties. You should review each Healthcare Partner’s privacy policy for their breach notification procedures.


15. Cookies

Our website uses cookies. You can control cookies through your browser settings.


16. Children’s Data

Our Services are not directed to individuals under eighteen (18) years of age.


17. Contact Information

17.1 Privacy Contact

For all data protection inquiries, requests, or complaints:

Email: privacy@medicaltourismpackages.com
Subject Line: Include “Data Protection Request” or “Privacy Inquiry”

17.2 Response Timeframes

We will respond to data protection requests within the statutory timeframes established by Panama Law 81.


18. Governing Law and Dispute Resolution

18.1 Governing Law

This Data Protection Policy is governed exclusively by the laws of the Republic of Panama.

18.2 Dispute Resolution

Any dispute arising out of or relating to this Policy shall be resolved by binding arbitration before the Centro de Conciliación y Arbitraje de Panamá (CeCAP) in Panama City, Panama, conducted in English.

18.3 Limitation Period

Any claim related to data protection matters must be brought within twelve (12) months from the date you became aware of the circumstances giving rise to the claim.


19. Document Hierarchy, Liability Limitation, and Updates

19.1 Document Hierarchy

In the event of any conflict between this website content and any executed Service Agreement (including Quotes and Waivers) between you and MTP, the executed Service Agreement prevails.

19.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) Third-Party Limitation
MTP IS NOT LIABLE FOR THE DATA PROTECTION PRACTICES, PRIVACY POLICIES, SECURITY MEASURES, OR DATA INCIDENTS OF HEALTHCARE PARTNERS OR OTHER THIRD PARTIES.

(b) Damages Limitation
MTP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM DATA PROTECTION MATTERS.

(c) Aggregate Liability Cap

MTP’S TOTAL AGGREGATE LIABILITY, IF ANY, SHALL NOT EXCEED THE FEES PAID BY YOU TO MTP FOR THE SERVICES GIVING RISE TO THE CLAIM.

(d) Jurisdictional Acknowledgment
You acknowledge that your data may be processed in multiple jurisdictions with varying protections. MTP’s liability is governed exclusively by Panama law.

Exception: Nothing in this Policy limits liability for fraud, willful misconduct, or gross negligence to the extent such limitation is prohibited by Panama law.

19.3 Policy Updates

We may update this Policy from time to time. Changes will be posted with a new “Last Updated” date.

Continued use of our Services after the effective date of changes constitutes acceptance of the updated Policy.


PART B: JURISDICTION-SPECIFIC PROVISIONS

B1. Panama Law 81 – ARCO Rights

If you are located in Panama or your data is processed under Panama law, you have the following rights under Law 81 of 2019 (Personal Data Protection):

RightDescriptionHow to Exercise
Acceso (Access)Right to obtain confirmation of whether we process your data and a copy of that dataEmail privacy@medicaltourismpackages.com
Rectificación (Rectification)Right to correct inaccurate or incomplete dataEmail with specific corrections
Cancelación (Cancellation/Deletion)Right to request deletion of your dataEmail deletion request
Oposición (Opposition)Right to object to certain processing activitiesEmail with objection and grounds

Limitations under Panama Law:

  • We cannot delete data required for legal compliance (KYC/AML records for 7 years)
  • We cannot delete data necessary for legal claims or defense
  • Health data already deleted under the transient model cannot be retrieved or provided
  • We cannot delete or modify data held by Healthcare Partners (contact them directly)

Response Time: 10 business days from receipt of complete request

Regulatory Authority: Autoridad Nacional de Transparencia y Acceso a la Información (ANTAI)


ACKNOWLEDGMENT

By using our Services, submitting personal data, or signing our KYC Disclosure, you acknowledge that you have read and understood this Data Protection Policy.


MTP Consulting S.A.
Medical Tourism Packages
Panama Registration No. 155756653

This Policy is available in English. In case of conflict between translations, the English version prevails.