Last update August 2022.1
In compliance with the Federal Law on the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares) (the “Law”), its regulations (Reglameto de la Ley Federal de Protección de Datos Personales en Posesión de los Particulares) (the “Regulations”), the Privacy Notice Guidelines (Lineamientos del Aviso de Privacidad), published in the Federal Official Gazette on January 17, 2013 (the “Guidelines”), and other applicable regulations regarding the protection of personal data held by individuals (the “Applicable Regulations”), Electromobility Center México, S. de R.L. de C.V. (hereinafter “EMC” or the “Responsible Party”) informs, through this privacy notice (the “Privacy Notice”), and in relation to the use and protection of the personal data that you made available to EMC, to through any means, the following:
That the treatment of personal data by EMC seeks to comply and be in accordance with the principles of legality, consent, information, quality, purpose, loyalty, proportionality, and responsibility governed and protected by the Applicable Regulations. In the same manner, it is sought that such treatment be legitimate, controlled, and informed, in order to guarantee its privacy and protection, as well as guarantee the right of informative self-determination of the owner of such data.
1. Identity and Address of the Responsible Party.
Electromobility Center México, S. de R.L. de C.V., with address at Avenida Bonampak, Manzana 27, Lote 1-2, UC 54, Oficina 608 5-N, Colonia Zona Hotelera, Puerto Cancún, C.P. 77500, Cancún, Quintana Roo, informs you that it will be responsible for collecting your personal data, for the use that is given to such data and for its protection, committing to respect and comply with the provisions of this Privacy Notice and the Applicable Regulations.
By providing your personal data to EMC, you consent to the collection and treatment of such data solely for the purposes described in this Privacy Notice.
2. Personal data that may be collected and processed by the Responsible.
The type of personal data to be collected, used, and processed will be personal identification data, such as the name, age, gender, address, home, work and cell phone numbers, email address and occupation, as well as property, financial, academic and employment (hereinafter “personal data”).
Sensitive data will not be collected or processed.
3. Purposes of personal data.
The personal data information that is collected by EMC will be processed or treated to carry out different activities related to, or focused on, the sale of products and/or provision of services by EMC, as well as for billing purposes, collection, customer service, technical assistance, administration of applications and websites, recruitment and selection of personnel for advertising purposes, commercial prospecting, maintenance of statistical and administrative controls, contact with the client, the sales force, the distributors, the suppliers and contractors, for delivering notices regarding changes in EMC policies, as well as to follow up on comments, queries, complaints and claims that may arise in relation to our products and/or services.
EMC has the technological, material and human resources, as well as internal processes and/or procedures to protect your personal data, its use and disclosure thereof.
4. Transfer of personal data.
You are hereby informed that, in terms of the provisions of article 37 of the Law and article 68 of the Regulations, EMC may disclose and transfer your personal data to Mexican or foreign third parties with whom EMC relies for the operation of its business, including companies of the same business group to which it belongs and unrelated third parties (suppliers and/or service providers), with the exclusive purpose of assisting EMC with its operation and marketing of the products and services that the company offers to the general public.
In such cases, EMC will take all necessary measures to request that your personal data be adequately protected, in accordance with the Applicable Regulations.
EMC may not transfer personal data to third parties without your consent, except in the cases provided for in this Privacy Notice and the exceptions provided for in article 37 of the Law.
5. Security measures to protect your personal information.
Your personal information will be kept strictly confidential, and to reasonably prevent its improper use or disclosure, EMC has implemented physical, technical and administrative security measures in accordance with the Applicable Regulations. Particularly, EMC has internal privacy policies, offers training courses to its employees, has restricted access to personal information (only to authorized users), has an inventory of personal data (duly classified by data category) and of processing systems, analysis of risk and contractual clauses with third parties.
6. Exercise of ARCO rights.
In accordance with the Applicable Regulations, it is your right to know what personal data we collected, how is being used, and the conditions of use (Access).
Likewise, it is your right to request the correction of your personal information in case it is outdated, inaccurate or incomplete (Rectification); that we remove it from our records or databases when you consider that it is not being used in accordance with the provisions set forth in the Applicable Regulations (Cancellation); and how to oppose to the use of your personal data for specific purposes (Opposition).
In this sense, you may at any time exercise your rights of access, rectification, cancellation or opposition to the processing of your personal data (hereinafter the “ARCO Rights”).
To exercise the ARCO Rights, you must address your respective request in writing to the following email: [*]. The request to exercise the ARCO Rights must contain and be accompanied by at least the following: (i) full name of the owner of the Personal Data, their address and/or email and/or any other means to communicate the response to the request; (ii) official documents that prove the identity or, where appropriate, the legal representation of the owner of the personal data; (iii) clear and precise description of the data for which is seeking the exercise of any of the aforementioned rights; and (iv) any other element or document that facilitates the location of the data. Once we received the letter indicating that you wish to exercise any of your ARCO Rights, we will have 20 business days to analyze, attend to, and send the corresponding response. The means by which we will send the response will be the one indicated by you in your request (email or postal mail, exclusively) or, in absence, through the same means by which you sent us your letter.
7. Revocation of consent for the processing of your personal data.
You have the right to revoke the consent that you have given us for the processing of your personal data, unless it is not appropriate, allowable, or permitted in terms of the Applicable Regulations, which we would inform you of in our response to your revocation request.
In order to revoke your consent for the processing of your personal data, you must address your respective request in writing, following the same procedure established in this Privacy Notice for the exercise of ARCO Rights, with the difference that for item (iii) of such procedure, we will require a clear and precise description of the data with respect to which you seek to revoke your consent for its processing.
8. Limitation for the use and disclosure of your personal data.
Similarly, you have the right to request the limitation for the use and disclosure of your personal data at any time, unless it is not appropriate, allowable, or permitted in terms of the Applicable Regulations, which we would inform you of in our response to your limitation request.
For the purposes of the foregoing, you must address your respective request in writing, following the same procedure established in this Privacy Notice for the exercise of ARCO Rights, with the difference that for section (iii) of said procedure, we would require a description clear and precise of the data with respect to which it seeks to limit use and disclosure.
Upon the receipt of the letter in which you indicate your wish to limit the use and disclosure of your personal data, we will have 5 (five) business days to analyze, attend to, and send you the corresponding response. The means by which we will send you our response will be the one indicated by you in your request (email or postal mail, exclusively) or, in absence, through the same means by which you sent us your letter.
9. General information.
Any communication that you wish to address to us related to this Privacy Notice, different from the procedures that we have provided in this Privacy Notice, must be made to the email provided in Section 6 above, stating clearly and precisely: (i) the full name of the holder or owner of the personal data, his address and/or email address; (ii) the official documents that prove the identity or, where appropriate, the legal representation of the owner of the personal data; and (iii) the purpose of your communication.
If for any reason you provide us with your data through electronic means, including our website (Internet), you understand, accept and acknowledge that:
If you have any more specific questions about the treatment we will give your personal data or regarding our privacy policies, you can contact EMC via email: [*], mentioning clearly and precisely: (i) your complete name and last names; (ii) your address and/or email address and/or any other means to communicate the response to your request; (iii) the official documents that prove your identity or, where appropriate, the legal representation of the owner of the personal data; and (iv) the clear and precise description of your request.
EMC will respond to any communication addressed to us within 20 business days of receiving said letter. The means by which we will respond to you will be the one indicated by you in your request (email or postal mail, exclusively) or, in absence, through the same means by which you sent us your letter.
10. Changes to this Privacy Notice.
At any time, EMC may perform modifications, changes and/or updates to this Privacy Notice whenever necessary or convenient to meet applicable legal provisions or for other reasons that so requires it, which will be disclosed through the publication of such amendments or updates on our website (Internet).
At the beginning or upper part of the Privacy Notice, the date of the latest version will be included. By providing us with your personal data, you expressly acknowledge and accept this Privacy Notice for the purposes established in section 3 and the Privacy Notice, for which such consent grants us the power and authority to proceed with the processing of your personal data in the manner indicated in this document and in accordance with the Law, its Regulations, and other Applicable Regulations.