PRIVACY NOTICE related to the personal data collected by SERVICIOS ESPECIALIZADOS MEXICOSHOWROOM S.A. de C.V.
(hereinafter referred to as “XYNERTIA”)
1.- GENERAL INFORMATION
1.1.- XYNERTIA IS A COMMITTED CORPORATION WHICH COMPLIES WITH THE LEGAL PROVISIONS ON PERSONAL DATA OF INDIVIDUALS IN ACCORDANCE WITH ARTICLE 16, SECTION II OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES AND WITH OTHER PROVISIONS OF THE FEDERAL LAW OF PROTECTION OF PERSONAL DATA PROPERTY OF INDIVIDUALS; THEREFORE, IT MAKES AVAILABLE THIS PRIVACY NOTICE TO YOU SO THAT THE OWNER OF THE PERSONAL DATA IS EMPOWERED TO ENFORCE HIS/HER RIGHT TO INFORMATION SELF-DETERMINATION.
1.2.- THIS PRIVACY NOTICE IS MADE AVAILABLE TO THE OWNERS OF THE WEB PAGE WHICH DOMAIN NAME IS WWW.XYNERTIA.COM HEREINAFTER REFERRED TO AS THE WEB SITE OF XYNERTIA.
1.3.- YOU (HEREINBELOW REFERRED TO AS THE “OWNER” OR “OWNERS”) UPON ACCESSING AND USING THE WEB SITE OF XYNERTIA STATE YOU ARE ACCEPTING THE TERMS AND CONDITIONS STATED HEREIN AND YOU STATE AND EXPRESSLY GRANT YOUR ACCEPTANCE AND AGREEMENT BY USING THE ELECTRONIC MEANS FOR SUCH PURPOSE AS PER THE PROVISIONS OF ARTICLE 1803 OF THE FEDERAL CIVIL CODE.
1.4.- IF THE OWNER DOES NOT ABSOLUTELY AND COMPLETELY AGREES WITH THE TERMS AND CONDITIONS HEREOF, YOU MUST REFRAIN FROM PROVIDING ANY TYPE OF PERSONAL DATA TO XYNERTIA BY ANY MEANS INCLUDING THIS WEB SITE OF XYNERTIA.
1.5.- IN CASE THE OWNER ACCEPTS THE TERMS AND CONDITIONS HEREOF AND/OR PROVIDES XYNERTIA WITH HIS/HER PERSONAL DATA, SUCH ACTION SHALL BE CONSIDERED AS HIS/HER ABSOLUTE AND EXPRESS AGREEMENT WITH THE PRIVACY NOTICE PUBLISHED BY XYNERTIA IN THE ABOVE-REFERRED WEB PAGE EXACTLY UPON THE TIME OWNER PROVIDES HIS/HER PERSONAL DATA AND/OR HE/SHE HAS ACCESS TO THIS PRIVACY NOTICE OR AT THE TIME THIS PRIVACY NOTICE IS MADE AVAILABLE TO HIM/HER.
PARTIES HEREIN AGREE THAT SINCE THERE IS NO ERROR, FRAUD, BAD FAITH OR ANY OTHER ERROR OF WILL WHICH MAY ANNUL THE ENFORCEABILITY HEREOF, BOTH PARTIES HEREIN AGREE TO BE SUBJECT TO THE FOLLOWING:
2.1.- Owner.- Individual (OWNER) whom the personal data identify or correspond.
2.2.- Sensitive personal data.- personal data related to the closest environment of titleholder or which undue use may result into discrimination or it may imply a serious risk for it.
2.3.- Responsible party. Individual or private company (XYNERTIA) making decisions on the management of personal data.
2.4.- Person in charge.- Individual or company which jointly with others or severally manages personal data on behalf of the responsible party.
2.5.- Management.- Obtaining, using (including accessing, managing, using, transfering or laying out personal data), disclosure or storage of personal data in any means.
2.5.1.- All data communication made to a person other than the responsible party or person in charge.
2.6.- ARCO rights.- Access, rectification, cancellation and opposition rights.
2.7.- Implied Agreement.- It shall be considered that the owner has agreed with the management of his/her data if after the Privacy Notice has been made available to him/her he does not state any opposition.
2.8.- Primary Purpose. All those purposes for which personal data are mainly requested grounds of the relation between XYNERTIA and the OWNER.
2.9.- Secondary Purpose.- Purpose not necessary for the relation between XYNERTIA and the OWNER but that with its management it contributes to the attainment of the corporate purpose of XYNERTIA.
3.- Identity and domicile of the responsible party.
Party responsible for the obtaining of personal data is SERVICIOS ESPECIALIZADOS MEXICOSHOWROOM, S.A. DE C.V. which is bound to comply with the provisions of this Privacy Notice (hereinafter referred to as the “Notice”) which is made available to you as per the provisions of the Federal Law of Protection of Personal Data Held by Individuals (hereinafter referred to as the “Law”).
Domicile which XYNERTIA establishes for the purposes hereof is: Paseo de los Tamarindos 400-b piso 30, Col. Bosques de las Lomas, Zip Code 05120, Delegación Cuajimalpa, Mexico City, Federal District.
4.- Collected Data.
OWNER acknowledges and accepts that XYNERTIA shall directly obtain the following personal data: Full name, web page and e-mail.
4.1.- OWNER grants hereby his/her express agreement with the terms of Article 9 of the LFPDPPP (Federal Law of Protection of Personal Data Held by Individuals LFPDPPP for its initials in Spanish) so that XYNERTIA manages his/her personal, financial and/or patrimony data stated in this Clause to comply with the purpose established by this Privacy Notice.
4.2.- XYNERTIA states it may obtain the personal data of OWNER by means of the so called public access sources to validate, update and establish contact with the OWNER, respecting at all times the reasonable expectation of privacy referred to in Article 7 of the LFPDPPP.
4.3.- XYNERTIA shall use the IP information (Internet Protocol) to analyze any type of threats to the WEB SITE and to collect demographics information. However, IP information shall not be used under any circumstance to identify the OWNERS, except when there is the probability of fraudulent activity.
5.- Use of “Cookies” and “web beacons”.
5.1.- XYNERTIA acknowledges it is possible that the WEB SITE OF XYNERTIA uses “cookies” in connection with certain characteristics or functions. Cookies are specific types of information that a web site transfers to the OWNER’s computer hard disk to keep the records. Cookies may be used to facilitate the use of a web site upon saving passwords and preferences while OWNER navigates in internet.
5.2.- XYNERTIA SITE does not use or keep cookies to obtain personal identification data of the OWNER’s computer which has not been originally sent as part of the cookie.
5.3.- In turn, the “web beacons” are images embedded in an internet page or e-mail which may be used to monitor the behavior of a visitor, such as storage of information on the IP address of user, duration of time of interaction in such page and the type of browser used, among others.
5.4.- Although most of browsers automatically accept “cookies” and “web beacons”, OWNER may set up its browser not to accept them.
5.5.- To deactivate the “cookies”, the following instructions must be followed:
a.Internet Explorer: http://support.microsoft.com/kb/283185;
d.Safari IPAD: http://manuals.info.apple.com/en_US/iPad_iOS4_User_Guide.pdf;
e.Safari IPHONE: http://manuals.info.apple.com/en_US/iPhone_iOS3.1_User_Guide.pdf; y
6.- Purpose of the management of personal data.
6.1.- XYNERTIA accepts and acknowledges that it may directly or through persons in charge, manage the personal data of OWNER for the following secondary purposes:
a) Contact OWNER via e-mail to answer and follow up your comments or requests in the tab “Contact” of XYNERTIA WEB SITE.
b) Store personal data in the internal systems during the time of the relation with XYNERTIA and for 10-years after.
c) Produce internal reports on the use of the WEB SITE XYNERTIA.
d) Massive forwarding of marketing mail.
e) To contact the OWNER-User to report about updating of the XYNERTIA Web Site, information messages and messages related to services, including security updating.
6.2.- In case the owner does not wish his/her personal data is used for all or some of the Secondary Purposes stated in item 6.1, he/she shall send a request of deletion of his/her data specifying the purposes he/she wishes his/her personal data is excluded to the following e-mail:
7.-Limitations for the access and disclosure of personal data
7.1.- XYNERTIA is bound to make its best effort to protect the security of the personal data that OWNER is providing it with by means of the execution of juridical acts, the use of technologies and anti-virus systems controlling the access, use or unauthorized disclosure of personal information; personal information is stored for such purpose in limited access databases located in facilities controlled by security systems.
7.2.- XYNERTIA is bound to consider the information provided by OWNER as confidential and used under full privacy.
In addition you are informed that in order to prevent receiving general advertisement, you may make your registry in the Public Registry to Prevent Advertisement; for further information you may review the web site of the Federal Bureau of Consumer (PROFECO for its initials in Spanish).
8.- Responsible party of proceeding requests.
In case OWNER needs to revoke his/her authorization and to Access, Rectify, Cancel, Oppose to the management of the personal data he/she has provided, he/she shall do it through the Committee designated by XYNERTIA to the following e-mail address: firstname.lastname@example.org
9.- Means to revoke the authorization
OWNER of personal data may revoke his/her authorization granted with the acceptance hereof. Such revocation of the authorization granted by electronic means shall be according to the following proceeding:
9.1.- Send an e-mail to the Committee designated in item 8-eight hereof by means of which such requests shall be proceeded.
9.2.- Send a request or data message to the above-stated e-mail stating therein:
9.2.1.- Full name of OWNER, domicile and e-mail to receive the answer to his/her request.
9.2.2.- Reason of his/her request;
9.2.3.- Arguments supporting his/her request or petition;
9.2.4.- Official document evidencing his/her identity and that it evidences it is who he/she claims to be; and
9.2.5.- Date as from which the revocation of your authorization becomes effective.
9.3.- XYNERTIA shall notify in writing, via e-mail, to OWNER in a maximum term of 20 (twenty) days as from the date on which it received the request on the enforcement of ARCO rights, the resolution so that if applicable, it becomes effective during the 15 (fifteen) days following to the date on which the resolution is notified by means of a message stating it has executed all actions not to manage the personal data of OWNER.
10.- Means to enforce the ARCO rights
10.1.- In case OWNER needs to Access, Rectify, Cancel or Oppose to the personal data it has provided XYNERTIA with, OWNER shall follow the following proceeding:
10.2.- Send an e-mail to the Committee designated in item 8-eight hereof by means of which such request shall be proceeded stating the following:
10.2.1.- Full name of OWNER and e-mail address to receive the answer to his/her request;
10.2.2.- Reason of his/her request;
10.2.3.- Arguments supporting his/her request or petition;
10.2.4.- Official document evidencing his/her identity and that it evidences it is who he/she claims to be.
10.2.5.- Clear and accurate description of the personal data regarding which it is sought to enforce one of the ARCO rights and any other element or document facilitating the location of personal data;
10.2.6.- In case of rectification of personal data requests, OWNER shall state, in addition to the above, modifications to be made and it shall provide the documents supporting his/her request.
10.3.- XYNERTIA shall notify OWNER in a maximum term of 20 (twenty) days as from the date on which it received the request of access, rectification, cancellation or opposition, the resolution so that if applicable, it becomes effective during the 15 (fifteen) days following to the date on which the resolution is notified. In case of requests of access to personal data, such access shall apply prior evidencing of identity of applicant or legal representative, as applicable.
XYNERTIA informs you that your personal data shall not be transferred to third parties and it shall be managed according to the purpose described herein.
In case of a security breach occurred during any stage of the management significantly affecting the pecuniary rights or non-pecuniary rights of the OWNERS, they shall be immediately reported by e-mail so that OWNERS may take the necessary measures for the defense of their rights and they shall exempt XYNERTIA from any responsibility if the breaching is not attributable to it.
Parties agree that the Privacy Notice may be modified by XYNERTIA on the time and way it so decides, based on the analysis and regulations in personal data protection matter which may arise; therefore, it is bound to keep it updated for the visit in the XYNERTIA SITE so that if applicable, OWNER may enforce his/her ARCO rights.
13.- Applicable law and jurisdiction.
Parties herein state that this notice shall be ruled by the applicable legal provisions in the Mexican Republic, especially, by the provisions of the Federal Law of Personal Data Held by Individuals and its ruling.
In case of dispute or controversy resulting from the interpretation, execution or compliance with the provisions of the notice or any of the documents resulting herefrom or related hereto, the parties shall seek an amicable covenant during the term of thirty (30) calendar days as from the date on which any dispute arises and the counterparty is notified in writing about such controversy, and an arbitration proceeding shall be filed before the Center of Alternative Justice for the Federal District as per the provisions of the Law of Alternative Justice of the Superior Court of Justice for the Federal District and its Internal Ruling in force as of the date on which the controversy arises.
In case the parties herein do not reach an agreement, they agree hereby to subject all controversies resulting herefrom or from any of the documents resulting herefrom or related hereto or related thereto, shall be definitively subject to the competence and laws of the Federal Administrative Authorities or Courts for Mexico City, Federal District, thus expressly waving to any other jurisdiction which may correspond to them due to their current or future domiciles.