PRIVACY NOTICE
Last updated date: February 14th, 2024
This Privacy Notice is hereby issued in accordance with the provisions of the Federal Law for the Protection of Personal Details in Possession of Individuals, its regulations and other current and related legislation (hereinafter the “Personal Data Legislation”).
1. Identity and address of the Responsible.
Promociona y Piensa en Mexico, S.A.P.I. of C.V. (the “Responsible” or “We”, interchangeably) obtains, uses, discloses and stores (hereinafter the “Processing”) personal details (hereinafter “Personal Details”) of you (hereinafter “You” or the “Holder”) collected either personally through our domains www.piensamexico.com and www.thinkinmexico.com (hereinafter the “Sites”) or our App (hereinafter the “App”) and has an address for purposes of hearing and receiving notifications in relation to this Privacy Notice at Bosque de Duraznos # 55, Ground Floor, Colonia Bosques de las Lomas, Miguel Hidalgo, Mexico City, 11700.
2. Personal details processed by the Responsible.
For the purposes established in this Privacy Notice, we shall process the following categories of both general and specific Personal Details:
▪ Identification and contact information;
▪ interests;
▪ comments posted on the Sites and/or the App;
▪ phone calls, email addresses and conversations in our contact centres; ▪ consent evidences, authorizations and evidence of life; and ▪ financial and asset data.
▪ geolocation data.
In case you have provided Personal Details of third parties, You ensure that you have their authorization, or in the case of minors, the authorization of their parents or legal counsels to provide such data and are responsible for communicating to such persons about the Processing of their Personal Details in accordance with this Privacy Notice as well as the means to know its full content.
3. Purposes of Treatment.
We shall process Personal Details for the following primary and necessary purposes: a. Provide you with access to the Sites and/or the App.
b. Manage, develop, maintain, customize, and improve the Sites and/or the App and operating systems and perform the activities necessary for them to function optimally and correctly as well as prevent or detect fraud or abuse.
c. Manage and process reservations, payments, operations, and transactions of Holders using the Sites and/or the App.
d. Provide the Holder with information, communications and notifications about the Sites and/or the App and transactions it carries out through the Sites and/or the App.
e. Provide advice, clarifications and customer service through call centers, messaging applications, email addresses and/or by any other means.
f. Monitor the quality of our customer service provided through our call centers, messaging applications, email addresses and/or any other technological environment as well as the attention provided through such means, for which we can record the calls answered in our call center or store conversations from messaging applications, email addresses and/or any other means by which customer service is provided.
g. Register you in our database.
h. Monitor the creation, management, control and/or administration of your file and, where appropriate, your account.
i. Statistics and historical record of users.
j. Conduct satisfaction surveys.
k. Carry out market strategies and processing of market segmentation.
l. Comply with legal requirements of competent national or foreign authorities and with the obligations arising from the legal relationships between you and the Responsible and/or between the affiliated companies and subsidiaries.
m. Comply with any legal provisions and obligations applicable to the Responsible, the subsidiaries and/or affiliated companies as well as managing any legal proceedings of the latter.
n. Carry out processes related to corporate restructurings of the Responsible, such as merging, consolidation, sale, liquidation, or transfer of assets.
o. Make the transfers mentioned in Section 5.
p. Necessary and/or analogous supplementary activities to make the purposes abovementioned come true.
We shall process personal details for the following secondary or ancillary purposes:
a. Marketing, advertising, promotion, newsletters, advertising messages, news, invitations to events, commercial research and new services offering.
If you do not wish your personal details to be processed for these secondary or ancillary purposes, You may send an e-mail to privacy@piensamexico.com, following the procedure referred to in Section 6 of this Privacy Notice.
4. Options and means we offer you to limit the use or disclosure of your Personal Details.
In accordance with the procedures described in Section 6 of this Privacy Notice, You may submit a request to limit the use or disclosure of your Personal Details unless there are some reasons why the limitation or use of your Personal Details would be inappropriate.
5. Transfer of Personal Details.
Your Personal Details may be transferred within the national territory or abroad in accordance with the following items:
a. To controlling companies, controlled or subject to common control with the Responsible, which operate under the same internal processes and policies of the Responsible, for the purposes of centralised safekeeping of information, provision of services, administration, analytical and statistical purposes and customer registration, among other internal processes of the Responsible;
b. to governmental authorities, agencies or entities in compliance with or in relation to obligations under the legislation applicable to the Responsible, its subsidiaries and/or affiliated companies as well as in compliance with requests made to them;
c. to governmental authorities, agencies or entities, notaries public and public brokers when the transfer is required necessary for the recognition, exercise or defence of a right of the Responsible, its subsidiaries and/or affiliated companies in legal proceedings;
d. to third party acquirers, arising from a corporate restructuring of the Respsonsible, including, merging, consolidation, sale, liquidation or transfer of assets, where the transfer is necessary for the maintenance or performance of the relationship between such Responsible and the Holder;
e. to consultants, suppliers and service providers of the Responsible, where the transfer is necessary for the maintenance or performance of the relationship between the Responsible and the Holder;
f. to third party providers of tourism services or products, who offer multiple stuff and/or services through the Sites and the App, where the transfer is necessary by virtue of a contract entered into or to be entered into in the interests of the Holder, by the Responsible and such third parties and/or where the transfer is necessary for the maintenance or performance of the relationship between the Responsible and the Holder.
g. on the grounds of the other assumptions established in the Personal Details Legislation, which do not require your own consent.
The above transfers do not require your consent under the Personal Details Legislation.
6. Different Means to Exercise Your Own Rights.
In all legally appropriate cases, You may at any time and through the procedures established in this paragraph, exercise the following rights regarding your Personal Details: (i) Rights of Access, Rectification, Cancellation or Opposition (hereinafter "ARCO Rights ”); (ii) revoke the consent given to the Responsible for the processing of Personal Details; (iii) limit the use or disclosure of Personal Details; and (iv) express your refusal for the processing of your personal details with respect to the secondary and ancillary purposes abovementioned.
To exercise these rights regarding your personal details, firstly you must carry out the corresponding procedures before the Responsible by means of a request that we place at your service here to later print it, fill it out by hand or computer, establish your autograph signature at the bottom of it and send it in electronic format to the email address privacy@piensamexico.com, writing "Exercise of rights over personal details" as subject of the email and attaching the following documents:
● a copy of the documents proving their identity (official identification in force with a photograph);
● if you have legal representation, the documents to hand in should be as follows: full name of your legal representative, document proving the identity of you and your representative (valid official identification with photograph) and copy of the instrument by means of official power of attorney or a letter of attorney signed by two witnesses, evidencing the authority of such legal representative to act on your behalf in accordance with the terms set forth in the Personal Details Legislation;
● any other element or document that makes the location of your Personal Details easier.
We shall begin with the process of the Holders' claims for the exercise of their rights regarding Personal Details within a period not exceeding 20 (twenty) business days from receipt and shall comply with the request, if applicable, within 15 (fifteen) business days following our response to your claim. All this implies that the Responsible will be able to extend this period to process the claims up to 20 (twenty) further business days when the case raised justifies it, prior notification to the respective Holder.
You may get the requested information or Personal Details through electronic documents in conventional formats or even through any other legitimate means that guarantees and accredits the effective exercise of the requested right. Our Privacy Officer is in charge of handling any claims from the involved subjects in relation to the exercise of their rights concerning Personal Details and can be contacted by email at: privacy@piensamexico.com.
The Holder must keep the Responsible updated at all times in relation to their Personal Details. Therefore, we request your cooperation in informing us of any changes that we need to take into account in a timely manner so as to incorporate them into our database. You guarantee and are responsible, in any case, for the truthfulness, accuracy, validity and authenticity of your Personal Details or those
belonging to any third party under your custody or legal representation as well as for the corresponding authorisations to share them with us.
7. Means that allow personal details to be collected automatically.
We inform you that the Sites and the App make use of cookies and other technologies, through which it is possible to automatically monitor your behaviour, offer you our services and grant you an optimal and personalized experience while using them. The personal details collected through these technologies are the following: IP address, websites and sections thereof that you visit from the sites or on pages related to the sites and the applications, browser characteristics, device characteristics, operating system, language preferences, URLs, information about behaviours and actions taken on the sites and the applications, information about behaviours and actions taken while our application is open, dates and times of visits to the sites or access to the applications, sections or content viewed on the sites and the applications and so on and so forth.
These technologies can be disabled by accessing the option(s) of Privacy and/or Security located in the section(s) of Options, Tools, Internet preferences or similar features of the Internet browser you are using. However, when disabling them you should be aware that such action could cause the impossibility of being unable to take advantage of the functions that the sites and social networks can offer you. If you wish to obtain additional information about the cookies mentioned in this section, you can visit www.allaboutcookies.org.
8. Changes to the Privacy Notice.
This Privacy Notice may be modified, changed, or updated as a result of new legal requirements, our own needs for the services we offer, our privacy practices, programs or policies, changes in our business model or for any other reasons.
We undertake to keep you informed of any changes to this Privacy Notice through the Sites and the App under the corresponding Privacy Notice section.
