Through this PRIVACY NOTICE, the member entities of Probandas Mexico S de R.L de C.V., inform you of the terms in which the Personal Data they collect will be treated, for which, we recommend that you read the following information carefully:
For the purposes of this PRIVACY NOTICE, the terms indicated below will have the meanings indicated in this document, whether they are written in the singular or in the plural:
1.1. "Personal Data": Any information concerning an identified or identifiable natural person.
1.2. "Sensitive Personal Data": Those Personal Data that affect the intimate sphere of the Holder, or whose misuse may give rise to any type of discrimination or entail a serious risk for the Holder. Those data that may reveal personal aspects of the Holder, such as racial, ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, union affiliation, political opinions, sexual preference or financial situation are considered within this category. .
1.3. "ARCO Rights": Right of the Owner of Personal Data to request the Responsible for Access, Rectification, Cancellation or Opposition regarding said data, in accordance with the provisions of the LFPDPPP and its Regulations.
1.4. "Disassociation": The procedure by which the Personal Data cannot be associated with the Holder or allow, due to its structure, content or degree of disaggregation, the identification thereof.
1.5. "Person in charge": The natural or legal person who alone or jointly with other natural or legal persons treats Personal Data on behalf and by instruction of the Responsible, in accordance with the processes, terms and conditions indicated by the latter.
1.6. "LFPDPPP": Federal Law on Protection of Personal Data Held by Private Parties.
1.7. “Regulation”: Regulation of the Federal Law on Protection of Personal Data Held by Private Parties.
1.8. "Responsible": It is each entity belonging to Probandas Mexico S de RL de CV, which, acting individually or in conjunction with other entities of the same company name Probandas Mexico S de RL de CV, collects Personal Data for treatment in accordance with the purposes indicated in this PRIVACY NOTICE. For these purposes, you may be Responsible.
1.9. "Owner": The natural person to whom the Personal Data corresponds.
1.10. "Transfer": The communication of Personal Data within or outside the national territory, made to a person other than the Owner or the Responsible Party.
2 IDENTITY AND ADDRESS OF THE RESPONSIBLE.
The Responsible Party referred to in numeral 1, section 1.8. of this PRIVACY NOTICE, states that it is a company legally constituted under Mexican law and will respond individually to the Personal Data that it collects and indicates as the address for all purposes and obligations related to this PRIVACY NOTICE the property located in Cholultecas 10, La Raza Azcapotzalco CDMX, Mexico CP 02990.
3 PERSONAL DATA COLLECTED BY THE RESPONSIBLE.
For the fulfillment of the purposes indicated in numeral 4 of this PRIVACY NOTICE, the Responsible Party informs you that it will collect the following categories of Personal Data: (I) Identification Data; (II) Contact Information; (III) Information on the physical characteristics of the natural person, better known as biometric data; (IV) Labor data; (V) Academic or professional data; (VI) Migratory data; (VII) Patrimonial and / or financial data; (VIII) Information about your preferences or experiences in the hiring or use of certain goods or services; and (IX) Sensitive Personal Data such as: past and present illnesses or diseases, relevant pathological diseases or operations.
In relation to this last category, we inform you that the Sensitive Personal Data collected from the Holder will be obtained only directly; In other words, personally or through the Electronic Means that are made available, with the understanding that the Sensitive Personal Data collected will be processed for the exclusive purpose of carrying out and monitoring the contracting process of COMMERCIAL CREDIT.
The Personal Data of categories (i) to (ix) referred to in the first paragraph of this section, may be collected by the Responsible either personally or through the Electronic Means that the latter makes available; or through agents, promoters, commission agents, suppliers or business partners in order to follow up on a hiring request made by the Owner; to fulfill a contract or agreement with the Holder; or to require compliance with agreements or contracts signed with the Owner, and where appropriate, through the systems managed by the Responsible Party, you will be able to carry out investigations, obtain photographs, conduct interviews, and in general, carry out the actions that you consider necessary for that purpose to verify by itself or through third parties hired particularly for this, the veracity of the Personal Data that were provided by the Holder. The Responsible may, under the protection of this PRIVACY NOTICE, verify, add or complete the Personal Data collected directly from the Holder, as well as those Personal Data of third parties that are provided by the Holder, such as information about their beneficiaries, references, jointly obligated , guarantees, guarantors or trustees as applicable according to the service or product requested or contracted by the Holder. It will be the responsibility of the Holder to inform the aforementioned persons regarding the information provided to the Responsible and the purposes of its delivery, as well as the content of this PRIVACY NOTICE.
The Owner declares that the Personal Data provided to the Responsible Party is true and up-to-date and undertakes to notify the Responsible Party of any modification to the Personal Data provided as soon as possible through the formats designated for this.
4 PURPOSES OF DATA PROCESSING.
The Personal Data that the Responsible Party collects will be used to meet the following purposes:
As primary purposes:
Corroborate the identity of the Holder and the veracity of the information that he provides as his own, as well as that of his beneficiaries, references, jointly obligated parties, guarantees, guarantors or trustees as applicable according to the service or product contracted and in observance of the provisions in force in matters of customer awareness and money laundering prevention. Perform the analysis of the information provided by the Holder, in order to determine, in accordance with current legal provisions, the level of risk, payment viability, transactional profile, and in general, carry out any other evaluation that is required by the regulations or is convenient. for the granting of
Formalize a contractual relationship between the Owner and the Responsible Party and in accordance with the agreement between the parties, and, where appropriate, require its compliance. Integrate files and Data Bases, and treat them, either directly by the Responsible or through a third party, so that the Responsible can provide the services, proper to their purpose and report to the administrative and jurisdictional authorities said information when established by current legal provisions. Comply with current regulations on civil protection, as well as with the Internal Civil Protection Programs and policies on physical security for access to facilities. Additionally, the Responsible Party may use the Owner's Personal Data for the following secondary purposes:
Preparation of quality and satisfaction surveys, regarding the contracted products.
Generation of statistical information related to the use of products and services operated by the Responsible. The Responsible party informs you that by granting your consent for the processing of your Personal Data, you authorize the Responsible to use them to send advertising information by the means available to the Responsible, such as email, cell phone (message SMS, MMS) social networks, or any other similar electronic means of communication that may be developed, as well as the sending and gathering of information through quality surveys.
In the event that the Holder adheres to and requests the Responsible to join as a participant in an event organized by the Responsible, it will be understood that they grant their consent for the processing of their data in accordance with the secondary purposes referred to in this paragraph and in your case to transfer your Personal Data to third parties when this is necessary or convenient for the Responsible to comply with the obligations arising from the legal relationship between the Client and the Responsible.
We inform you that the Responsible has video surveillance systems inside and outside its offices and branches. The images and sounds captured by the cameras will be used for the Client's security, as well as for monitoring and controlling physical access to their facilities.
The same treatment referred to in this PRIVACY NOTICE, will have the Personal Data collected in the future, without prejudice to which the Holder may at any time exercise his right to object, as provided in numeral 8 of this PRIVACY NOTICE .
5 OPTIONS AND MEANS THAT THE CONTROLLER OFFERS CUSTOMERS TO LIMIT THE USE OR DISCLOSURE OF THEIR DATA.
You may request the update, limit the use or disclosure of your Personal Data, and where appropriate, find out about any aspect related to the treatment thereof, at any time to Línea (55971840) or by sending an email to the address admindf2 @ probandas.com. To exercise this right, you must follow the procedure referred to in numeral 8 of this PRIVACY NOTICE. The Client will have a period of 5 (five) business days so that, if applicable, they express their refusal to the Responsible for the treatment of their Personal Data in accordance with the secondary purposes described in paragraph 4 of this PRIVACY NOTICE. If the Client does not express within the aforementioned 5 (five) business days her refusal to process her Personal Data according to the secondary purposes reported, it will be understood that she has given her consent for the treatment of the same.
6 PROCESSING OF PERSONAL DATA AND DATA TRANSFER.
In accordance with the provisions of the LFPDPPP and its Regulations, the Responsible Party informs you that the consent of the Holder will not be necessary for the processing of Personal Data when: (I) it is provided for in a Law, (II) the Personal Data appear in sources public access; (III) the Personal Data are subjected to a prior Dissociation procedure, (IV) has the purpose of fulfilling obligations derived from a legal relationship between the Client and the person in charge, (V) there is an emergency situation that could potentially harm a individual on his person or on his property, (vi) are essential for medical care, prevention, diagnosis, provision of health care, medical treatment or management of health services, while the Client is not in a position to grant consent , in the terms established by the General Health Law and other applicable legal provisions and that said data processing is carried out by a person subject to professional secrecy or equivalent obligation, or (VII) a competent authority resolution is issued.
Likewise, you are informed that with the acceptance of this PRIVACY NOTICE it is understood that the Holder grants his authorization for the Responsible to transfer his Personal Data to third parties, whether Mexican or foreign, without requiring his consent again, when the transfer is located in any of the following cases: (I) is provided for in a Law or Treaty to which Mexico is a party; (II) is necessary to safeguard the health of the Holder, among which is the prevention or medical diagnosis, the provision of health care, medical treatment or the management of medical services (III) the transfer is made to subsidiary or affiliated companies under the common control of any of the Responsible or a parent company or any company of the same group as the Responsible that operates under the same internal processes and policies; (IV) is necessary by reason of a contract entered into or to be entered into in the interest of the Holder; (v) is necessary or legally required to safeguard a public interest, or for the administration or administration of justice; (VI) is precise for the recognition, exercise or defense of a right in a judicial process; and, (VII) is necessary for the maintenance or fulfillment of a legal relationship between the Holder and the Responsible.
Without prejudice to the foregoing, the Responsible Party undertakes to ensure compliance with the principles of protection of Personal Data established by the LFPDPPP and its Regulations and to adopt the necessary measures for their application, as well as to demand compliance with individuals or morals to which access to your Personal Data is transferred or granted, in order to give you an adequate service with the best quality.
The companies to which the Controller may transfer your personal data for the fulfillment of the purposes described in this PRIVACY NOTICE are indicated below:
1. Between member companies under the corporate name Probandas Mexico S de R.L de C.V.
2. Is necessary or legally required for the safeguarding of a public interest, or for the administration or administration of justice.
2.1. The Holder authorizes the Responsible, in his capacity as Participating entity, to consult and obtain information and documentation from him, through the systems administered by Probandas Mexico S de RL de CV, as well as to make available to the Participants of the referred systems, the Personal Data and documentation collected from the Holder derived from the instruction of transfer operations.
This authorization empowers the Responsible to periodically consult the information of the Holder during the time that he maintains a legal relationship with the Responsible, in accordance with the provisions of the applicable legal provisions, in order to prevent and detect acts, omissions, or operations that could favor, provide aid, aid, or cooperation of any kind for the commission of the crimes of operations with resources of illicit origin and financing of terrorism.
We also inform you that national and international referrals of Personal Data between the Responsible and its Managers will not require to be informed to the Owner. This category includes information transfers with those Financial or commercial Entities with which the Responsible Party signs an agreement or agreement for the offer, provision or granting of benefits to its clients or for the provision of joint services.
The Responsible Party informs you that all communication made by email or through the Internet, such as unprotected electronic messaging services, such as social networks, internet pages other than those expressly indicated by the Responsible as official or websites not identified by The Responsible as their own may be subject to interception of the information, loss or possible alterations in the message or in the data sent, in which case, the Holder may not demand from the Responsible to whom said communication turns, compensation for any damage resulting from the interception, theft, loss or alteration related to said communication.
7 USE OF ELECTRONIC OR REMOTE MEDIA.
In the event that the Owner makes use of platforms, sites, applications or requests the services of the Responsible party through the use of electronic devices or provides their Personal Data through any of said channels (hereinafter and collectively the "Electronic Media"), The Owner understands, accepts and acknowledges that:
1. The Electronic Media may include links to third-party websites unrelated to the Responsible Party, for which the latter does not assume any ownership, obligation or liability.
2. The services provided by the Responsible through Electronic Media may collect information from the Owner such as browser type, operating system, visits to other internet sites or carry out their identification as a User, through "cookies" or " web beacons ”in which case you will be informed at that time about the use of these technologies. In order for the Owner to be able to disable these programs, she must access the "internet options" located in the "Tools" section, or similar functions, of the browser that she uses.
The Responsible's website (www.probandas.com) uses "Cookies" that the Responsible may place on their access device and make use of them. The use of "Cookies" is intended to speed up the start of a new session; save user settings for the site and / or its applications; streamline interaction with content; improve the user experience of the site and / or its applications by storing their preferences on the access device, eliminating the need to repeatedly specify the same information and only display personalized content and advertising according to their preferences on subsequent visits, as well as facilitate to the Responsible the analysis of said information in order to improve the performance of the site and / or its applications.
Similarly, the Responsible may use "Cookies" to collect information on the preferences of the user of the site and / or applications in the use of content in order to offer promotions, discounts, programs and in general, send the user of the site and / or its applications advertising based on your interests.
By using Electronic Media, you acknowledge and authorize the Responsible to use "Cookies" and "web beacons".
A "Cookie" is a text file placed by a web server on the hard drive of the Internet user who visits it with information about their preferences and browsing guidelines.
A "web beacon" is an image used exclusively to quantify the number of visits or monitor customer behavior.
The Responsible Party may expand the content of the site and / or its applications or create new Electronic Media in which case these will be governed by this PRIVACY NOTICE.
8 MEANS TO EXERCISE THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION OR OPPOSITION (ARCO RIGHTS).
The Holder, by herself or through a duly accredited legal representative, has recognized and may exercise the ARCO Rights granted by the LFPDPPP and its Regulations against the Responsible, by appearing at any of the Branches of Probandas Mexico S de R.L de C.V
ACCESS: know specific information that the Controller has in her possession.
RECTIFICATION: request the rectification of Personal Data if they are not updated, are inaccurate or incomplete, to exercise this right, the documentation that proves the rectification requested according to the Personal Data must be delivered.
CANCELLATION: blocking and subsequent elimination of Personal Data from our databases when you consider that it is not being used properly or for the purposes that gave rise to the legal relationship.
OPPOSITION: oppose the use for specific purposes of your Personal Data. The exercise of any of the ARCO Rights does not prevent the exercise of any other right. For the exercise of any of the ARCO rights, the Holder or her legal representative may request a format for the exercise of ARCO Rights at the email address email@example.com, hereinafter the “Format”.
Said Format must be filled out, signed and returned to the same email address accompanied by the documentation indicated below, which must be sent for evaluation scanned and legible, in order that the Responsible can carry out the authentication of the Holder who requires to exercise their ARCO Rights:
Current official identification of the Holder One of the following documents will be valid: Credential of the Federal Electoral Institute, Passport issued by the Ministry of Foreign Relations, National Military Service Card or Professional Certificate).
In cases in which the Holder exercises his ARCO Rights through a legal representative, in addition to proving the identity of both (Holder and the legal Representative), a legible copy of the power of attorney granted must be sent to the aforementioned email address. to the legal representative, or, where appropriate, a power of attorney signed in front of two witnesses or a statement in the presence of the Holder by which powers are granted to carry out this procedure before the Responsible.
In case you want to exercise the right of rectification, the Holder or his legal representative must send the documentation that supports his request to the email address firstname.lastname@example.org.
The Responsible Party will notify the Holder within a maximum period of 20 (twenty) business days from the date they receive in the email email@example.com, the response to their request for access, rectification, cancellation or opposition. If the request submitted to the Controller is appropriate and the Controller receives the documentation to which it refers from the Holder or his legal representative.
The Responsible Party may extend this period up to 20 (twenty) more business days, when the case warrants, after notifying the Holder of said situation.
The resolution adopted by the Responsible Party will be communicated to the Owner through one of the channels chosen by the latter (email branch), which are mentioned in the Format that is sent by the Owner to the Responsible by email.
In the cases in which the Holder wishes to revoke the authorization granted to the Responsible regarding the Personal Data provided, she must make the corresponding request in the same terms established in this PRIVACY NOTICE to exercise her ARCO rights.
The delivery of the Personal Data will be free after proof of your identity before the Responsible. By exception, in those cases in which derived from the Owner's particular request, justified shipping costs are generated for the Responsible; and where appropriate costs for the reproduction or for the generation of copies or other formats that have as a reason to attend the request of the Holder, the Holder must pay, in the cases in which it warrants, said expenses to the Responsible, situation that will be reported to the Owner by the Responsible prior to the delivery of data.
If the same person, either by himself as the Owner or through a legal representative, reiterates his request for the delivery of Personal Data in a period of less than twelve months from the last delivery of information, the Responsible may request the Owner or his legal representative, the payment of the costs of reprinting said information, which will not be for any reason greater than three days of the General Minimum Wage in force in the Federal District. In the event that there are substantial modifications to this PRIVACY NOTICE that motivate new consultations, the collection of reprints referred to in this paragraph will not proceed.
In those cases in which the Holder wishes to exercise the right of Access to his Personal Data, the requested information will be provided through the means that he has chosen in the Request Form for the exercise of ARCO Rights. In the event that the Controller does not have Personal Data of the requesting Holder, they will be informed by the means through which the request was made.
For any questions or clarification regarding the procedure and means to exercise your Arco Rights, please send an email to the Personal Data Protection Unit at the address firstname.lastname@example.org. In the event that the Holder revokes the authorization granted to the Responsible for the processing of their Personal Data for any of the purposes identified as primary in number 4 of this PRIVACY NOTICE, said revocation may imply the suspension of the services provided by the Responsible in order to comply with current legal provisions or internal policies of the Responsible.
9 PROCEDURE AND MEANS BY WHICH THE CONTROLLER WILL COMMUNICATE THE OWNERS OF CHANGES TO THE PRIVACY NOTICE.
The Responsible Party reserves the right to make changes to this PRIVACY NOTICE. Likewise, the Holder is informed that he has the right to oppose the processing of his Personal Data if he does not agree with the modifications that this PRIVACY NOTICE may present, for this, he must send a request to the email address referred to in numeral 8
of this PRIVACY NOTICE.
We inform you that the competent authority to resolve any conflict arising from the application of the Federal Law on Protection of Personal Data Held by Private Parties and its Regulations is the National Institute for Access to Information and Personal Data (INAI) and you can learn more of the subject in its page www.inai.org.mx