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English translation, for reference. The Spanish version of this notice prevails.
PRIVACY NOTICE
In accordance with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties and its Regulations, this Privacy Notice is issued on the following terms:
1 DEFINITIONS.
For the purposes of this Privacy Notice, the terms listed below shall have the meanings given to them in this document, whether written in the singular or the plural:
Personal data: Any information concerning an identified or identifiable natural person.
Sensitive Personal Data: Personal Data that affects the most intimate sphere of the Data Subject, or whose improper use may give rise to any kind of discrimination or entail a serious risk for the Data Subject. Sensitive personal data include data that may reveal personal aspects of the Data Subject, such as racial or ethnic origin, present and future state of health, genetic information, religious, philosophical and moral beliefs, union membership, political opinions, sexual preference or financial situation.
ARCO Rights: The right of the Data Subject to request from the Data Controller Access to, Rectification, Cancellation of or Opposition to such data, as provided in the LFPDPPP and its Regulations.
Dissociation: The procedure by which Personal Data cannot be associated with the Data Subject nor, by its structure, content or degree of disaggregation, allow the Data Subject to be identified.
Processor: The natural or legal person who, alone or jointly with other natural or legal persons, processes Personal Data in the name of, on behalf of and under the instruction of the Data Controller, in accordance with the processes, terms and conditions the Data Controller sets.
LFPDPPP: Federal Law on the Protection of Personal Data Held by Private Parties.
Regulations: Regulations of the Federal Law on the Protection of Personal Data Held by Private Parties.
Data Controller: Each entity belonging to the Business Group that, acting individually or jointly, collects Personal Data and decides on its processing in accordance with the purposes set out in this Privacy Notice.
Data Subject: The natural person to whom the Personal Data belongs.
Transfer: The communication of Personal Data inside or outside national territory, made to a person other than the Processor or the Data Controller.
2 IDENTITY AND ADDRESS OF THE DATA CONTROLLER.
For the purposes of this Privacy Notice, Bicentenario Efectivo S.A. de C.V., SOFOM, E.N.R. (hereinafter “Efectivísimo”), states that it is a company legally incorporated under Mexican law, that it will be individually responsible for the Personal Data it collects, and that for all purposes and obligations related to this Privacy Notice its address is the property located at Av. Eugenio Sué 316, Colonia Polanco IV Sección, C.P. 11560, Mexico City.
3 PERSONAL DATA COLLECTED BY THE DATA CONTROLLER.
Efectivísimo collects the data of data subjects (i) in person, (ii) through electronic means, or (iii) by any other means permitted by Law. The data Efectivísimo collects from data subjects is processed through suitable technical, administrative and digital means that protect their information. The data collected is treated as secret and confidential by Efectivísimo, which takes the measures necessary to prevent its alteration, loss, processing or unauthorized access. For their part, data subjects declare that their data is accurate, authentic and complete and is the responsibility of whoever provides it, thereby releasing Efectivísimo from any liability in this regard. The data that data subjects freely and voluntarily provide to Efectivísimo includes: identification data, contact data, employment data, financial and property data, biometric data and personal references. Efectivísimo does not collect or process sensitive personal data.
It is important to mention that Efectivísimo, as a financial entity, must additionally collect from you the data necessary to comply with the applicable legal provisions on the prevention and detection of acts, omissions or operations that could favor, provide help, assistance or cooperation of any kind for the commission of the crimes set out in articles 139 or 148 Bis of the Federal Criminal Code, or that could fall under the cases of article 400 Bis of the same Code.
4 PURPOSE OF THE DATA PROCESSING.
The Personal Data the data controller collects will be used for the following purposes:
Primary purposes:
To verify the identity of the Data Subject and the truthfulness of the information they provide as their own, as well as that of their references, guarantors and joint obligors.
To analyze the information provided in order to assess whether granting a credit is advisable.
To formalize a contractual relationship with the data subject, and to require its fulfilment.
To carry out collection and payment-recovery processes.
Secondary purposes:
For marketing, advertising and commercial prospecting purposes.
Yes ____ No ____ I agree that my data may be processed for these additional purposes. Refusing the use of your personal data for these purposes cannot be a reason for us to deny you the services and products you request or contract with us.
5 OPTIONS AND MEANS EFECTIVÍSIMO OFFERS DATA SUBJECTS TO LIMIT THE USE OR DISCLOSURE OF THEIR PERSONAL DATA.
You may request the updating of your Personal Data, limit its use or disclosure, and, where applicable, obtain information on any aspect of its processing at any time by sending an email to info@efectivisimo.com
To exercise this right you must follow the procedure described in section 6 of this Privacy Notice.
If you wish to express your refusal to the processing of your personal data for purposes that are not necessary or did not give rise to the legal relationship, and/or wish to limit or suspend the processing of your Personal Data for advertising or promotional purposes, you may register in the Public Registry of Users (REUS) of the National Commission for the Protection and Defense of Users of Financial Services (CONDUSEF) through its website https://www.condusef.gob.mx.
The data subject will have 5 days to express, where applicable, their refusal to the processing of their personal data for purposes that are not necessary and did not give rise to the legal relationship with the data controller.
6 MEANS TO EXERCISE THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION OR OPPOSITION (ARCO RIGHTS) AND REVOCATION OF CONSENT.
You have the right (i) to access the personal data collected from you, (ii) to rectify your data if it is inaccurate or incomplete, (iii) to cancel your data when you consider it is not necessary for any of the purposes set out in this Privacy Notice and this is legally admissible, and (iv) to oppose the processing of such data, under the terms of the Law and the applicable provisions on the matter.
As of January 6, 2012, the data subject may exercise their rights of access, rectification, cancellation and opposition by email to info@efectivisimo.com, or at the data controller's address given above, by means of the request “request form for the exercise of ARCO rights or revocation of consent”, which may be requested at the email address mentioned above or in person at Efectivísimo's address. The request must contain the following information:
The full name of the data subject, their address and email account, so that the response to their request can be communicated to them.
The documents proving the identity and, where applicable, the legal representation of the data subject.
A clear and precise description of the personal data with respect to which any of the above rights is to be exercised.
Any other element or document that makes it easier to locate the personal data.
In the case of requests to rectify personal data, the data subject must state the changes to be made and provide the documentation supporting the request.
At any time, the data subject may inform Efectivísimo of their decision to revoke the consent previously given for the processing of their personal data for the purposes described in this Privacy Notice, so that Efectivísimo stops using it, provided that the consent to be revoked does not derive from a contractual legal relationship or operation agreed with Efectivísimo, that the law allows it, or that it has been expressly so agreed between Efectivísimo and the data subject. Consent may be revoked by email to info@efectivisimo.com, or at the data controller's address given above, by means of the request “request form for the exercise of ARCO rights or revocation of consent”.
Efectivísimo will follow up on your request within 20 business days of receiving it; if your request is admissible, the response will take effect within the 15 days following the date on which its admissibility is communicated. The procedure can be consulted through Efectivísimo's contact details or at its address given in this notice.
We also inform you that you have the right to initiate a Data Protection Procedure before the National Institute for Transparency, Access to Information and Protection of Personal Data (www.inai.org.mx) within the 15 days following the date on which you receive the response, or from the end of the 20-day period counted from the date your request to exercise your rights was received.
7 TRANSFER OF PERSONAL DATA.
Efectivísimo may transfer data to:
1. Third-party service providers, for the fulfilment of the legal obligations acquired by Efectivísimo and/or the Data Subject.
2. Third-party providers of research, data analysis and information services focused on the needs of the data subject, as well as of other financial services that the data subject needs or requires.
3. Business partners with which Efectivísimo enters into agreements or contracts focused on developing new financial products and/or services aimed at improvement and in line with your needs, and on background checks and credit history, as well as sources of funds for funding purposes, and the competent authorities.
4. Third parties as a result of a corporate restructuring, including merger, consolidation, sale, liquidation or transfer of assets.
5. Other transfers provided for in the aforementioned Law and its Regulations.
Third parties and entities receiving personal data assume the same obligations and/or responsibilities as Efectivísimo, as described in this Privacy Notice.
A Data Subject who submits any request to enter into a legal relationship with Efectivísimo accepts the transfer of their personal data under the terms described in this Privacy Notice. Yes ___ No ___
8 COOKIES AND WEB BEACONS.
No personal data is collected through this means.
9 PROCEDURE AND MEANS BY WHICH THE DATA CONTROLLER WILL INFORM DATA SUBJECTS OF CHANGES TO THE PRIVACY NOTICE.
Any total or partial change and/or modification to this Privacy Notice will be made known to you by publication on the website www.efectivisimo.com or whichever replaces it.
Last updated: September 21, 2020.
Name and Signature Name and Signature
EFECTIVÍSIMO, S.A. de C.V., SOFOM ENR, receives enquiries, complaints or clarifications at its Specialized User Service Unit (UNE), located at Av. Eugenio Sué 316, Colonia Polanco IV Sección, C.P. 11560, Mexico City, and by email at une@efectivisimo.com or by phone at 55 4165 1479, as well as at any of its branches or offices. If you do not receive a satisfactory response, you may go to CONDUSEF, website www.condusef.gob.mx, phone 55 5340-0999.
UNE officer:
Tel. 55 4165 1479
mlara@efectivisimo.com
Bureau of Financial Entities | Collection agencies | Privacy notice
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