NOTICE OF PRIVACY

MARTÍNEZ, SÁNCHEZ, TINOCO LEGAL ADVISOR S.C.

 

This document constitutes the Privacy Policy for the purposes of the Mexican Federal Law on Protection of Personal Data in Possession of Individuals (the "LFPDP") and related provisions. This Notice of Privacy applies to personal information of customers, suppliers and employees gathered by Martinez, Sanchez, Tinoco Legal Advisor S.C., hereinafter MASATI. This Notice of Privacy has the following terms and conditions:

 

1. DEFINED TERMS. For purposes of this Notice of Privacy, these terms shall have the following meanings, on the understanding that unless defined otherwise, the terms used and not defined herein shall have the meaning stated in LFPDP:

 

"Personal Data" any information concerning an identified or identifiable natural person.

 

"ARCO Rights" means the rights of access, rectification, cancellation and opposition under the provisions of LFPDP and subject to the exceptions set out therein and herein for each Holder, in connection with the personal data collected by Guarantor, and which is described below.

 

"Right of Access" is the right of the Holder to know about the personal data relating to him held by Guarantor, as well as their sharing and for what purpose.

 

"Right to Rectification" Each Holder is entitled to their personal data being rectified when inaccurate or incomplete.

 

“Right to Cancel” Each Holder is entitled to request at any time to delete his/her personal data, which will happen once the lockout period expires. Blocking involves the identification and conservation of personal data once the purpose is fulfilled for which they were collected, and aims to determine the potential liabilities in connection with their treatment until its legal or contractual prescription. During this period, your personal data shall not be processed. Afterwards, we will proceed with its cancellation in the corresponding database or file. After canceling the relevant data, Guarantor will give appropriate notice to Holder. Should personal data had been transmitted before the date of modification or cancellation and continue to be used by third parties, Guarantor will inform said third party concerned about the request for correction or deletion, so this is done.

“Opposition Right” Provided it has a legitimate cause, Holder shall at all times have the right to request Guarantor to stop treating his/her Personal Data.

 

"Guarantor" means person or company who decides on the treatment of personal data of the Holder, in this case MASATI.

 

“Manager” means the person or company that, alone or jointly with others, processes personal data on behalf of Guarantor.

 

"Holder" means the person owner of Personal Data, or authorized to supply personal data to a third party in accordance with applicable laws, who delivers such Personal Data to Guarantor.

 

2. CONSENT OF HOLDER. For purposes of LFPDP and in particular its Article 17, Holder states: (i) that this Notice of Privacy has been given to Guarantor, (ii) to have read, understood and agreed to the terms set herein, giving therefore his/her consent to the processing of personal data for purposes of LFPDP and other applicable legislation. Should the Personal Data collected include sensitive or financial personal information by signing the relevant contract, either in printed form or by electronic means for consent purposes, for example, but not limited, by providing personal data through chat windows or display and tour display of terms and conditions, acts that constitute the express consent of Holder shall be carried out in terms of the second paragraph of Article 8 of LFPDP and other applicable legislation, and (iii) granting consent to MASATI or its Managers to perform transfers of personal data to domestic or foreign third parties or, in the understanding that the treatment such third parties give to his/her personal data must comply with the provisions of this Notice of Privacy.

 

If Holder does not object to the terms of this Notice of Privacy within 30 days, it shall be deemed as he/she agreed and consented to its content, in terms of the third paragraph of Article 8 of LFPDP.  The consent may be revoked at any time without being retroactive, on the terms and in accordance with the procedures set forth below for this purpose in accordance with this Notice of Privacy.

 

Notwithstanding any other provision of this Notice of Privacy, Holder acknowledges that consent shall not be required to the processing of personal data by Guarantor or third parties in any of the cases mentioned in Article 10 of LFPDP.

 

3. PURPOSE OF NOTICE OF PRIVACY AND PERSONAL DATA. This Notice of Privacy establishes the terms and conditions under which MASATI shall: (i) receive and protect the personal data of Holder, in order to protect his/her privacy and right to informational self-determination, in accordance with LFPDP; (ii) use the personal data of Holder, and (iii) if any, make transfers of personal data to third parties.

 

Guarantor shall collect and process personal data of Holder, i.e. information that can reasonably identify him/her, through the receipt of documents, whether in print and/or digital. The following are examples, but is not limited to, information that Guarantor may collect: name and last name; birth date; particular, office or tax address; personal or office email; identification key in social networks; home or office phone number; cell number; credit card, debit or bank accounts numbers; Mexican Federal Taxpayers Registry (RFC); Mexican Unique Population Registry Code (CURP); Social Security number; and consumer and browsing preferences when using telecommunications services that we provide, as well as others of a similar nature. The collection of personal data may be made when Holder visits the sites of Guarantor or authorized distributors, when calling by phone the Guarantor or Managers (including call centers), or by hand delivery or by using emails and/or short text messages (SMS), or by using websites, through the voluntary provision of information through chat windows, or by using automatic data collection tools. These tools allow you to collect the information that your browser sends to these websites, such as the type of browser you use, user language, access times, and IP address of websites used to access sites of Guarantor or Manager. Within the documentation that can be collected by MASATI for verification of the identity of Holder of Personal Data is IFE/INE ID; military service ID; RFC; CURP; proof of address - water rights, property tax or electricity supply pay slip; special credit reports issued by a Credit Information Company.

 

Guarantor may also collect personal data from publicly available sources and other sources available on the market to which Holder may have given his/her consent to share personal information or that has provided anonymous demographic information associated with a particular geographic area.

 

Holder's Personal Data are collected and processed by Guarantor or Manager in order to allow Holder to perform the following activities:

 

a) Request products and/or services offered by MASATI, whether provided by the company or through third parties;

b) Make payments online;

c) Order invoice or digital tax receipt;

d) Request a quote, information or free samples of products and services;

e) Request the provision of services or performance of service guarantee;

f) Contact the Service;

g) Receive printed advertising or through electronic means, including communications for online marketing or telemarketing about products and services;

h) Create personal profiles;

i) Participate in surveys;

j) Use the various services of their respective websites, including downloading content and formats;

k) Notify Guarantor about problems with sites;

l) Participate in chats and/or discussion forums online about products and services;

m) Participate in polls, trivia, contests, games, etc.;

n) Share your comments or suggestions about products and services;

o) Process payments, and

p) Any other related activity.

 

Also, Guarantor, directly or through its Managers, can use your Personal Data for the following purposes:

 

a) Conduct market and consumer research for the purpose of acquiring and offer customized products and services, as well as advertising and send more relevant contents to the needs of customers, consumers, suppliers and other similar parties;

b) Develop internal statistics showing the most appreciated services and products for different segments of customers, consumers, suppliers and other users of telecommunications services provided by Guarantor;

c) Formalize transaction processes with customers, consumers, suppliers and other third parties;

d) Manage the procurement, evaluation and award of suppliers and other third parties;

e) Where appropriate, verify credit and/or payment capacity of Holder, which may be made through credit information companies, in terms of the Mexican Law to Regulate Credit Information Companies;

f) Check commercial transactions made by Holder with Guarantor;

g) Keeping track of operations and information revised in the different sections of telecommunications services that Guarantor provides and is collected through automated data collection tools;

h) Send notification to Holder about offers, notices and/or promotional messages, unless Holder expressly stated otherwise. Occasionally, such offers may contain information about suppliers of Guarantor or other third parties.

 

MASATI requires sharing your personal data with service providers on administration and management of databases; Automatic Processing and storage of Personal Data; authentication and validation of emails; recruitment; audit services, and other similar services.

 

Data collection when browsing sites and websites of MASATI. Within automatic data collection tools used by MASATI on its sites and web pages, cookies, Web beacons, and links in emails can be found.

 

Using cookies - The proper functioning of MASATI sites and its suppliers require enabling "cookies" in your Internet browser.

 

"Cookies" are small data files transferred by the website to the hard drive of your computer when browsing the site. Cookies may be during a session or permanent. Session cookies do not stay on your computer after you close your browser, while permanent cookies remain on the computer until they are deleted or expire. Most browsers automatically accept cookies under its default settings. You can adjust your browser preferences to accept or decline cookies. Disabling cookies may disable various functions of MASATI websites or display them incorrectly. If you prefer to remove information from cookies sent by MASATI, you can delete the files at the end of each browser session. Relevant information can be found at the sites of the major Internet browsers.

 

Using Web beacons (also known as Internet tags, pixel tags and clear GIFs) MASATI can use Web beacons on your websites and emails with HTML alone or in combination with cookies, to collect information on the use of websites and their interaction with email. Web beacon is an electronic image, called a single-pixel (1x1) or GIF that can recognize information processed on your computer, such as the case of cookies, and the time and date the site and its sections are displayed.

 

Links in emails of MASATI. Emails including links that allow MASATI to know if you activated this link and visited the destination website. This information may be included in your profile. If you prefer that MASATI do not collect information about your interaction with these links, you may choose to modify the format of MASATI communications (for example, the message is received in text format and not in HTML format) or you can ignore the link and do not access its content. Emails from MASATI may include links designed to direct you to the relevant sections of the websites, by re-routing through servers of MASATI. This re-routing system allows MASATI to modify the URL of said links, if necessary. It also allows MASATI to determine the effectiveness of their online marketing campaigns. Personal Data that MASATI collects from its commercial sources may be used along with the Personal Data collected through their websites.

 

Child protection:  MASATI encourages parents and/or guardians to take an active role in the online activities of their children. Should MASATI consider that the personal data have been provided by a minor in violation of this Notice of Privacy, MASATI shall proceed to remove such personal data as soon as possible. If you realize that such personal data has been provided by someone under 18, please send an email to martha.sanchez@masaticonsulting.com or barbara.martinez@masaticonsulting.com or enrique.tinoco@masaticonsulting.com

 

4. DATA TRANSFER. Having read, understood and agreed the terms set forth in this Notice of Privacy, Holder expresses its consent for Guarantor or any Manager to make transfers of personal data to domestic or foreign third parties or, in the understanding that the treatment of such third parties give to Holder's Personal Data shall comply with the provisions hereof.

 

For purposes of this Section 4, but subject to its last paragraph, Guarantor informs Holder that in order to deliver products, services and solutions to its customers, consumers, employees, suppliers and other users, Guarantor and/or its Managers have held or will hold various trade agreements with suppliers of products and services, both domestically and abroad, to supply, among other services: telecommunications and email; administration and management of databases; Automatic Processing of Personal Data and storage; call center for customer service; authentication and validation of emails; telemarketing; Credit card terminals; electronic billing; marketing; transportation and installation of products; payroll administration and social security benefits; recruitment; auditing services and other similar services. Authorization of Holder issued under this Section 4 empowers Guarantor and/or Managers to transmit Holder's Personal Data to said suppliers, on the understanding that they are obliged, by virtue of the corresponding contract, to maintain the confidentiality of Personal Data supplied by Guarantor and/or Managers and observe this Notice of Privacy. Guarantor and/or its Managers may transfer Holder's collected Personal Data to any other company in the same business group to which it belongs and operate with the same processes and internal policies, whether they are in domestic territory or abroad, for the same purposes described in this Notice of Privacy. You can also transfer your personal data to other third parties that support you to fulfill contracts or legal relationships you have with the Data Holder.

 

Your personal information may be transferred, stored and processed in a different country. If we do, we transfer the information in accordance with the laws of data protection applicable in the country of destination. We take steps to protect personal information regardless of the country where it is stored or transferred. We have procedures and appropriate controls to ensure this protection.

 

We reserve the right to pass your personal data if we sell or transfer all or part of our business or assets. If such sale or transfer occurs, we will do everything possible to encourage the next owner to use the personal data under this Notice. If you do not want your personal data to be processed after the transfer, you must contact the new owner.

 

Notwithstanding this Section 4 or elsewhere in this Notice of Privacy, Holder acknowledges and agrees that Guarantor does not require authorization or confirmation of such Holder for transferring domestic or international personal data in cases provided for in Article 37 of LFPDP or any other exceptional case provided by the same or other applicable legislation.

 

5. HOLDING AND SECURITY OF PERSONAL DATA. Guarantor and/or its Managers shall retain personal data of Holder during the time necessary to process his/her requests for information, products and/or services and to maintain accounting, financial and audit records as stated by LFPDP and commercial, tax and administrative laws. Holder's Personal Data collected by Guarantor and/or its Managers shall be protected by appropriate administrative, technical and physical measures against damage, loss, alteration, destruction or use, unauthorized access or treatment, in accordance with LFPDP and its regulations. Notwithstanding the above, MASATI does not guarantee that unauthorized parties can gain access to the physical or logical systems of Holders or Guarantor or electronic documents and files stored in its systems. Consequently, MASATI shall in no way be responsible for any damages that may result from such unauthorized access.

 

6. CONTACT OF MASATI FOR PERSONAL DATA/PRIVACY; DOMICILE. For any communication about our Notice of Privacy, please contact the following emails: martha.sanchez@masaticonsulting.com or barbara.martinez@masaticonsulting.com or enrique.tinoco@masaticonsulting.com For purposes of the provisions of Section I, Article 16 of LFPDP, Guarantor address is established in this Section 6 of this Notice of Privacy.

 

7. PROCEDURE FOR EXERCISING THE ARCO RIGHTS. To exercise the ARCO Rights, Holder or his/her representative must submit a request for access, rectification, cancellation or opposition with the following information and documentation:

 

i) Holder's name and address or other means to communicate the response to your request;

ii) Documents proving your identity (single copy in printed or electronic record of your IFE/INE ID, passport or FM-3) or, where appropriate, legal representation of Holder (single copy in printed or electronic format of the simple power of attorney with Holder's signature, the representative and their official identifications - IFE/INE ID, passport or FM-3);

iii) The clear and precise description of the personal data for which seeks to exercise any of the ARCO Rights, and

iv) Any other item or document that facilitates the location of Holder's Personal Data.

 

In the case of applications for rectification of Personal Data, the respective Holder shall also indicate the modifications to be made and provide documentation supporting his/her request.

 

For the reception, registration and care of requests to exercise his/her right of access, rectification, cancellation and opposition to his/her personal data and to limit the use or disclosure of data and other rights under LFPDP, contact the following emails martha.sanchez@masaticonsulting.com or barbara.martinez@masaticonsulting.com or enrique.tinoco@masaticonsulting.com

Guarantor or its Managers shall respond to the respective Holder within a maximum of twenty working days from the date, on which the request for access, rectification, cancellation or opposition was received, the determination made, so, if appropriate, becomes effective within fifteen days. In the case of requests for access to personal data, Guarantor or its Managers shall proceed with delivery prior proof of identity of the applicant or his/her legal representative, as appropriate. The aforementioned deadlines may be extended only in terms of LFPDP.

 

Delivery of Personal Data will be free, but it shall cover the costs of shipping or reproduction in copies or other formats. In the event that Holder repeats its request in less than twelve months, it shall cover the equivalent costs corresponding to 1.5 times the minimum daily wage in Mexico City in terms of LFPDP, unless there are substantial changes to the Notice of Privacy that encourage further consultations.

 

For purposes of Personal Data cancellation requests, in addition to the provisions hereof, Article 26 of LFPDP shall apply, including cases of cancellation exception established therein.

 

The submission of an opposing application on the use of personal data by his/her Holder give Guarantor the faculty to oppose the use of the Personal Data that Holder has delivered to the opponent.

 

8. CHANGES TO NOTICE OF PRIVACY. MASATI reserves the right to periodically update this Notice to reflect changes in our information practices. It is Holder's responsibility to review the content of the Notice of Privacy in the Site www.masaticonsulting.com   Guarantor understands that, if not expressed otherwise, it means that Holder has read, understood and agreed to the terms set out therein, consenting to the changes established in such updates regarding the processing of personal data for purposes of LFPDP and other applicable legislation.