This document comprises the Privacy Notice for the purposes of the provision of the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (la “LFPDPPP”) [Spanish acronym for Federal Law for the Protection of Personal Data in Possession of Private Parties], and the provisions derived thereof or related thereto. This Privacy Notice applies to personal information about the Legal Owner, collected by XIGNUX, S.A. DE C.V., in its capacity as responsible party, with legal address at Pedro Ramírez Vázquez, No. 200-2 Col. Valle Oriente, San Pedro Garza García Nuevo León and its Affiliates or Subsidiaries, hereinafter XIGNUX. For the purposes of this Privacy Statement, any terms not defined within it, shall have the meaning assigned to them by the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (LFPDPPP). This Privacy Statement has the purpose of establishing the terms and conditions by means of which XIGNUX (the person in charge appointed) shall receive and protect the Personal Data of the Legal Owner, with the purpose of maintaining their privacy; will use the Legal Owner’s Personal Data and/or will transfer the Personal Data to third parties, as appropriate.
1.- LEGAL OWNER’S CONSENT
Pursuant to the provisions of the LFPDPPP and particularly Article 17 thereof, the Legal Owner represents that:
1.1-This Privacy Notice has been made known to you by the Person Responsible
1.2-That you have read, understood and agreed to the terms set forth in this Privacy Notice, and therefore grant your consent to the treatment of your Personal Data pursuant to the provisions of the LFPDPPP and applicable laws.
1.3-That in the event that the Personal Data collected should include sensitive or financial Personal Data, whether provided in printed form or using electronic media, that these acts constitute explicit consent as legal owner under the terms of the second paragraph, Article 8 of the LFPDPPP and other applicable laws.
1.4-That you are giving consent for XIGNUX and/or its Affiliates or Subsidiaries, through their Persons in Charge, to transfer Personal Data to third parties, domestic or foreign in the understanding that such third parties will treat said Personal Data adhering to the provisions set forth in this Privacy Notice.
1.5-That in the event that the Legal Owner does not oppose the terms of the Privacy Notice it shall be deemed to have been agreed and consented to per its content and that the Legal Owner may revoke such consent at any time.
Notwithstanding any provisions in this Privacy Notice, the Legal Owner acknowledges that its consent shall not be required for the Treatment of Personal Data by the Person in Charge or Third Parties in any of the events set forth in Article 10 of the LFPDPPP.
2.- PERSONAL DATA COLLECTION
Personal Data collection may be carried out by telephone communication with the Responsible Party or with its Persons in Charge, employees, or through the direct delivery to the Responsible Party by means of the use of e-mails and/or short text messages, through its Websites using automatic electronic data entry tools; which allow to collect the information submitted through browser to said Websites, such as the browser used, the user language, and the IP address of any Websites used to access the sites of the Responsible Party or Persons in Charge. The following are some examples of, but not limited to, the kinds of information that the Party Responsible may collect: names and family names; date of birth; address: home, work, mailing, fiscal, e-mail address, personal or work, username or social media ID; telephone number, private or work; mobile telephone number; bank account numbers; Federal Tax ID (RFC); Unique Population ID Registry Number (CURP). Within the documentation that may be collected by XIGNUX for verifying the identity of the Legal Owner’s of the Personal Data are, the Voter’s Picture ID; Military Service Discharge ID card; Professional License; passport; migratory form; Federal Taxpayer Registration Schedule; CURP Registration Schedule; proof of address; special credit report issued by a Credit Scoring Organization. For the case of job applicants, among other things that may be requested are, birth certificate; study certificates; Retirement Fund Account Statements (AFORE); Tax Withholding Slips; as well as psychometric test results; medical examinations and social and economic studies performed by XIGNUX. Personal Data of family members, dependents, or beneficiaries may also be requested as well as the documentary evidence thereof.
3.- THE PURPOSE OF PERSONAL DATA
The Legal Owner’s Personal Data are collected and used by the Responsible Party or Persons in Charge with the purpose of allowing the Legal Owner to carry out the following activities with the Responsible Party.
A) Requesting, buying, contracting, changing or cancelling services or return products provided by XIGNUX.
B) Making on-line payments; requesting invoices or digital fiscal evidence; requesting quotes for products or services; requesting delivery, repair or warranty service of products; contacting Customer Care Services; taking surveys; using the different services in their respective websites, including downloading content and forms;
C) Sharing comments or suggestions on products and services;
D) Processing payments and any other activities similar in nature to those described in the above line items.
Likewise, the Responsible Party, either directly or through its Persons in Charge, may utilize such Personal Data with the purpose of:
A) Performing studies on the interests and behaviors of its customers, consumers, suppliers and third parties dealt with;
B) Performing marketing and consumer studies with the purpose of acquiring and offering customized products and services as well as advertising and content better suited to the needs of their customers, consumers, suppliers and other third parties dealt with.
C) Preparing internal statistics to indicate the most appreciated services and products by the different segments of customers, consumers and suppliers.
D) Formalizing the transactional process with their customers, consumers, suppliers and other third parties dealt with.
E) Managing the requisition, evaluation and adjudication processes of suppliers and other third parties involved.
F) If appropriate, verifying the credit and/or payment capability of the Legal Owner, which may be done through Credit Bureaus or Organizations, under the terms of the law regulating Credit Information Organizations.
G) Producing evidence of commercial transactions performed by the Legal Owner with the Responsible Party.
In the case of XIGNUX job applicants the following activities shall be carried out:
A) Performing the personnel recruitment and selection process, B) Performing the hiring process
4.- DATA COLLECTION WHEN BROWSING XIGNUX WEBSITES AND WEBPAGES.
Among the tools for automatic data collection used by XIGNUX in its websites and webpages are: cookies, Web beacons, and links in e-mails. Links in XIGNUX e-mails. E-mails including links that allow XIGNUX to know if you activated said link and visited the web landing page, may also be included as information in your profile. If you prefer that XIGNUX not collect information about your interaction with said links, you may opt to modify the format of the XIGNUX communications (for example, that messages be received in text form and not in HTML form) or you can disregard the link and not access its content.
5.- DATA TRANSFERS.
Having read, understood and agreed to the terms set forth in this Privacy Notice, the Legal Owner represents consent for the Responsible Party or any Person in Charge to make Personal Data transfers to domestic or foreign third parties, in the understanding that such Legal Owner Personal Data shall be subject to the terms of this Privacy Notice.
6.- LIMITATIONS ON THE USE AND DISCLOSURE OF INFORMATION.
The Party Responsible and/or Persons in Charge shall keep the Personal Data of the Legal Owner for as long as necessary to process their requests for information, products and/or services, as well as to maintain accounting, financial and auditing records under the terms of the LFPDPPP and mercantile, fiscal and administrative laws currently in force. In addition to controlling the disclosure of such data or information of commercial partners. The Personal Data of the Legal Owner collected by the Responsible Party and/or its Persons in Charge, shall be protected by administrative, technical and physical security measures, against damage, loss, alteration, destruction or use, access or unauthorized treatment, in accordance to the provisions of the LFPDPPP and the administrative regulations thereunder. Notwithstanding the above, XIGNUX does not guarantee that unauthorized third parties cannot have access to the physical or logical systems of the Legal Owners or the Responsible Party or the electronic documents or files stored in their systems. Consequently, XIGNUX shall not be liable at all for damages or losses resulting from such unauthorized access.
7.- PERSONAL DATA DEPARTMENT; ADDRESS.
For any communications about our Privacy Notice, please contact our Personal Data Department: XIGNUX, S.A. DE C.V. Ave. Arq. Pedro Ramirez Vazquez No. 200-2 Colonia Valle Oriente, San Pedro Garza Garcia, N.L. avisoprivacidad@XIGNUX.com.
For the purposes of Section I of Article 16 of the LFPDPPP, the address of the Responsible Party is the one set forth in Section 7 of this Privacy Notice.
8.- PROCEDURE TO EXERCISE YOUR RIGHTS (ARCO) AS LEGAL OWNER OF PERSONAL DATA.
You are entitled at all times to access, rectify and cancel your personal data, as well as to oppose how they are treated and to revoke the consent given to us for that purpose by submitting a request with the following information and documentation:
8.1-Name of Legal Owner, address, telephone and e-mail address.
8.2-Documents to prove your identity (simple copy in printed or electronic form or of your voter’s photo ID card, Professional License, passport, or Migratory Form) or, as appropriate, the legal proxy of the Legal Owner, copy in printed or electronic form of a Power of Attorney signed by the hand of the Legal Owner, and copies of their IDs.
8.3-Clear and precise description of the Personal Data, upon which you wish to exercise any of these Rights.
8.4-Any other item or document that will facilitate locating the Legal Owner’s Personal Data.
In the cases of requests for rectification of the Personal Data of the Legal Owner, these should also indicate the amendments to be done, submitted with the documentation substantiating your petition.
The Party Responsible or Persons in Charge will reply to the Legal Owner within a maximum period of twenty business days, counted as of the date in which the request is received. The period mentioned above may only be extended as per the terms of the LFPDPPP.
The delivery of Personal Data shall be free, you will only have to cover justifiable forwarding expenses or the cost of producing copies or other formats. In the event that the Legal Owner withdraws his/her request within a period shorter than 12 months, he/she shall have to cover costs equivalent to 1.5 days of the Unit of Measure and Update (UMA) in force under the terms of LFPDPPP, unless there are substantial amendments to the Privacy Notice that result in new inquiries.
For the purposes of requests for cancellation of Personal Data, in addition to the provisions of this Privacy Notice, the provisions of Article 26 of the LFPDPPP, shall apply, including the cases of exception of cancellation of Personal Data set forth therein. The submittal of a request to oppose the use of Personal Data by the Legal Owner of same, shall give the Responsible Party the power to oppose to the use of Personal Data, that they may have delivered to the Opponent as Legal Owner.
9.- CHANGES TO THE PRIVACY NOTICE.
XIGNUX reserves the right to periodically update this Privacy Notice to reflect any changes in our information practices. It is the responsibility of the Legal Owner to periodically review the content of the Privacy Notice at the https://www.xignux.com site wherein the changes made shall be posted together with the date of the latest update. The Responsible Party will understand that by not expressing anything to the contrary, the Legal Owner has read, understood, and agreed to the terms therein, which constitutes consent to the changes and/or updates with regards to how Personal Data are treated. The (Customer, supplier, applicant, employee, etc.) represents having read and understood the Privacy Notice which pursuant to the Law for the Protection of Personal Data in Possession of Private Parties is available at the http:www.xignux.com/Site/ES/aviso-de-privacidad/ webpage, and their agreement to the handling of the data provided to XIGNUX (as the case may be) and which are under their custody, as per the terms set forth in said Privacy Notice.