1. IDENTITY AND LOCATION OF THE RESPONSIBLE PARTY.

This Privacy Notice (hereinafter referred to as the “Notice”) sets forth the terms and conditions under which CUSTOMSOFT, S.A.P.I. DE C.V. (hereinafter and for practical purposes only, “CUSTOMSOFT”), in its capacity as Responsible Party (or the Party in Charge appointed by “CUSTOMSOFT”) will treat the personal data of the Owner, who appoints as its address, for the purposes of any notice, locate at Río San Lorenzo Oriente number 106, Colonia Guadalupe, Culiacán, Sinaloa, C.P. 80220, Mexico.

 2. CONSENT OF THE OWNER.

For the purposes of the Federal Act for the Protection of Data Possessed by Particular Parties [Ley Federal de Protección de Datos Personales en Posesión de los Particulares] (LFPDPPP) and other applicable legislation, the Owner states (i) this notice is aimed at strictly comply with the principles of information, as well as the principles of lawfulness, consent, quality, purpose, loyalty, proportionality and responsibility set forth in law, (ii) it has been provided to it by the Responsible Party, (iii) has read, understood and agreed to the terms expressed in this notice, thus it grants its consent on the treatment of personal data. In the event that the personal data collected include patrimonial or financial data, by means of the execution of the relevant agreement, either printed or through electronic media and the corresponding processes for the consent, acts to be executed constitute the express consent of the owner, and (iv) grants its consents in order for “CUSTOMSOFT” or its Parties in Charge to make transfers and/or remission of personal data in terms of section 6 (six) of this Notice and guarantee that you may exercise your rights to informational self-determination, privacy and protection of personal data.

 

 3. PERSONAL DATA RETRIEVED.

“CUSTOMSOFT” may retrieve personal data through any media between the Owner and the Responsible Party or its Parties in Charge, the most common of them being (i) e-mail, (ii) telephone and/or (iii) visit our facilities. Also, it may retrieve personal data indirectly through public access sources and other sources available in the market. 

Personal data released and voluntarily provided by you to “CUSTOMSOFT” personally and/or through remote and electronic media, include: (i) Personal identification data, (ii) Contact data, (iii) Academic and labor data, (iv) Financial and/or patrimonial data, (v) Image through photographs and videos and (vi), (vii) Health and (viii) Personal features and biometrical data.

“CUSTOMSOFT” also retrieves data in connection to the Creation of Opportunities, Process of Proposals and Delivery of Solutions and Services. In all cases, we have implemented mechanisms to make available to you this Integral Privacy Notice, the Short Privacy Notice and/or the Simplified Privacy Notice, depending on the characteristics of the collection of your data.

 

4. PURPOSES OF THE TREATMENT.

“CUSTOMSOFT” will treat the personal data of the Owner in order to execute the activities and processes aimed at fulfilling the obligations created and derived from any legal and commercial relationship established due to the rendering of the relevant services, under the following structures:

 

From the chart above, all information marked with * shall be deemed as sensitive information.

In all cases, a strict minimization practice has been executed, in order to request only those data which are essential, pertinent, correct and updated, in connection to the purpose of each particular treatment.

In the event of changes in the treatments mentioned above, which may substantially affect the purposes described, we will make available to you a new Privacy Notice describing the new characteristics of the treatment. Please be informed that “CUSTOMSOFT” does not execute automatized processes to make decisions without the assessment of a human person.

 

5. SECONDARY PURPOSES:

“CUSTOMSOFT” manages secondary objectives only for marketing, advertising, or prospection purposes.

 

6. LIMIT ON THE USE AND TREATMENT OF YOUR DATA FOR “SECONDARY PURPOSES”.

“CUSTOMSOFT” has implemented and express mechanism for you to state your refusal in regard to the treatment of your personal data in connection to the purposes listed in section 4 hereinabove, to the e-mail address [email protected] as well as though technologic systems for you to grant your consent or voluntarily delete yourself from our database.

In the case of data with no sensitive information and if this privacy notice is not made available to you directly or personally, you shall have a 5 business-day term to, as the case may be, express your refusal to the treatment of your data for the “primary purposes” described hereinabove. Should your refusal be not received within such period, it shall be deemed that your consent has been granted for these purposes, without prejudice of your possibility to exercise your revocation or opposition rights subsequently.

 

7. TRANSFERENCES AND/OR REMISSIONS OF PERSONAL DATA.

Please be informed that your personal data are shared with other persons, companies, enterprises, organizations, and authorities different from the obliged subject, for the purposes described below:

Regarding remissions, these are essential to fulfill our relationship with you, thus it is not necessary for you to grant your consent for such purposes; nevertheless, “CUSTOMSOFT” has implemented mechanisms in order for you to express your opposition thereto, which shall proceed, provided that it does not affect the contractual, commercial, or other relationship related to the relevant organizational activities.

8. EXERCISE OF “ARCO” RIGHTS, LIMIT IN THE USE, DISCLOSURE AND REVOCATION OF CONSENT IN REGARD TO PERSONAL DATA.

You may exercise your rights to ACCESS, RECTIFY, CANCEL OR OPPOSE provided in the Act, or revoke your consent to the treatment of your data, easily and under a broad coverage, by attending to our offices, mentioned hereinabove, or by sending an e-mail to the address [email protected] providing the application for claiming the ARCO rights, attached hereto.

For your own safety, if the application is exercised by a third party, different from yourself, “CUSTOMSOFT” may request the relevant identification document and the document evidencing the attributions and power of the representative, through the corresponding notary public document.

It is important to inform you that the abovementioned procedures have been implemented in order to make the exercise easier for you, and seeking, at all times, the broadest coverage, considering the profile of the clients, interested parties and other parties associated to “CUSTOMSOFT” due to their organizational activities and the form in which it has contact with you. The exercise of this rights is totally free and such rights are enabled; however, “CUSTOMSOFT” may request the payment only in connection to justified shipping or reproduction costs of the information you may request.

Please be informed that the person in charge of the protection of personal data in “CUSTOMSOFT”, who Will process your application for the exercise of ARCO rights or complaints, is the Legal Responsible, who can be contacted at the e-mail [email protected] o or the offices located at Río San Lorenzo Oriente number 106, Colonia Guadalupe, Culiacán, Sinaloa, C.P. 80220, Mexico.

“CUSTOMSOFT” will communicate the resolution adopted, within a maximum term of 20 business days as from the date of the reception of the application for the access, rectification, cancellation or opposition, as well as in connection to the revocation of your consent. Should it proceed, it shall become effective within a 15 business-day term after the date in which the resolution is communicated.

The media through which the answer will be communicated are specialized courier, direct delivery and/or e-mail. In all cases, the acknowledgement of receipt will be retrieved. All costs of notices shall be borne by “CUSTOMSOFT”.

“CUSTOMSOFT” may deny access to your personal data or to rectify, cancel or grant the opposition to the treatment thereof, when:

1. The applicant is not the owner of personal data, or the legal representative is not fully empowered for such purposes;
2. Out database does not contain the personal data of the applicant;
3. Impair the rights of a third party;
4. There is a legal impediment, or a resolution issued by a competent authority restricting access to personal data or impeding the rectification, cancellation, or opposition thereof; and
5. The rectification, cancellation or opposition had been previously exercised.

The refusal provided in this article may be partial; in such event, “CUSTOMSOFT” will give effect to the access, rectification, cancellation, or opposition requested by the owner.

In all cases above, “CUSTOMSOFT” will duly inform the reason of the decision or, as the case may be, to the legal representative within the terms set forth for such purposes through the same media in which the request had been made. If you feel affected by the resolution issued, the action for the protection of rights is available to you before the Federal Institute for the Access to Public Information and Data Protection.

 

9. COLLECTION OF DATA WHEN NAVIGATING IN “CUSTOMSOFT” WEBSITE.

Cookies are text files automatically downloaded and stored in the hard disk of the computer equipment of the user when navigating in a specific Internet website, which allow the Internet server to be reminded of certain data pertaining to said user, such as shopping preferences for the visualization of pages of said server, name and password.

Please be informed that we use cookies to obtain personal information from you, such as:

1. i) Type of navigator and operating system used by you; ii) Internet websites you visit, prior to and after the visit to the Website of “CUSTOMSOFT”; iii) The links you follow and your stay in our site; iv) Your IP address; v) The place you visit us from and navigation statistics.

 

10. CHANGES TO THE PRIVACY NOTICE.

“CUSTOMSOFT” reserves the right to modify and update this Privacy Notice; however, it is obliged to inform you, as the owner of the treated personal data, of the publication of new versions of the privacy notice, through any of the following media:

1. The website at http://grupoarticol.com/cs/migracion/privacy-policy/ or via e-mail, to any of the addresses you registered with us;
2. Notices placed visibly at our offices.

 

11. LIABILITY EXCLUSION

Our website might contain links, hyperlinks or hypertext “links”, banners, buttons and/or Internet search tools which, when accessed by users, lead to other Internet pages or sites that could be owned by third parties. “CUSTOMSOFT” does not control such sites nor is responsible for the privacy notices issued by them or the lack of them, as well as the personal data that the users could provide though these Internet pages or sites different from our website, are their responsibility, thus you should verify the privacy notice on each site to access.

 

12. INFORMATION SAFETY AND CONFIDENTIALITY

“CUSTOMSOFT” has implemented technological measures for the protection of the personal data treated. Also, we apply reasonable physical, electronic and administrative procedures to protect personal data against accidental or illegal destruction, accidental los or alteration, and unauthorized disclosure or access; however, and even when we have safer tools each day, data transmission through the Internet are never 100% safe, thus once the personal data have been received, we shall use all efforts to safeguard them and, in the event of vulnerability, you will be immediately notified in order to have the opportunity to take the relevant measures.

 

13. CONTACT

Please do not hesitate to contact “CUSTOMSOFT” if you have any comment, question or suggestion regarding the data management practices described in this privacy notices. For these purposes, you can contact us by sending a message to the Responsible Person in our System for Safety Process of Personal Data to [email protected]