OPTIMEN COMPREHENSIVE PRIVACY NOTICE

 

In compliance with the Federal Law for the Protection of Personal Data in Possession of Individuals, this privacy notice is made available to you to the personal data of Customers and Suppliers, (hereinafter referred to in the singular as the "Data Subject"), collected by Optimen S.A. de C.V., (hereinafter referred to as "OPTIMEN").

 

1.- General

 

1.1.-OPTIMEN is a moral person committed and respectful of the rights over the personal data of natural persons, recognized in article 16, paragraph II of the Political Constitution of the United Mexican States, as well as the dispositions of the Federal Law for the Protection of Personal Data in Possession of Individuals, its Regulations and other applicable norms. Therefore, this Privacy Notice is made available to you, so that the owner of the personal data is empowered to exercise his right to informational self-determination.

 

1.2.- That derived from the operations of consulting, auditing and innovation that OPTIMEN carries out, it requires imminently to obtain and store the non-sensitive personal data of THE HOLDER, so they desire to treat the personal data of this, by the stipulations of this Privacy Notice.

 

If THE HOLDER does not fully and completely accept the terms and conditions of this Notice, he/she should refrain from sharing any information to OPTIMEN by any means.

 

1.3.-THE HOLDER is a natural person, of legal age, with legal capacity and who recognizes that derived from the commercial operations carried out, OPTIMEN directly or through the Responsible Party requires the treatment of his/her non-sensitive personal data and, therefore, grants his/her tacit consent to OPTIMEN, so that it may treat them, in terms of what is stipulated in the present Privacy Notice.

 

The parties declare that, in the absence of error, fraud, bad faith, or any other defect of will that could nullify the validity of this instrument, both agree to be bound by the terms of this document:

 

Definitions

 

2.1.- Personal data - Any information concerning an identified or identifiable natural person.

2.2.- Data Subject - The natural person (THE OWNER) to whom the personal data identifies or corresponds.

 

2.3.- Controller - Individual or legal entity (OPTIMEN) of a private nature that decides on the processing of personal data.

 

2.4.- Processor - The individual or legal entity that alone or jointly with others processes personal data on behalf of the controller.

 

2.5.- Processing - The collection, use (including access, handling, use, exploitation, transfer, or disposal of personal data), disclosure, or storage of personal data by any means.

 

2.5.1.- Transfer: Any communication of data to a person other than the person responsible for or in charge of the processing.

 

2.5.2.- Remission: The communication of personal data between the data controller and the data processor, within or outside Mexican territory.

 

2.6.- Third Party: The individual or legal entity, national or foreign, other than the data owner or data controller.

 

2.7.- ARCO Rights - Rights of Access, Rectification, Cancellation, and Opposition.

 

2.8.- Tacit Consent: It shall be understood that THE OWNER has consented to the processing of the data, when having made the Privacy Notice available to him/her, he/she does not express his/her opposition.

 

2.9.- Primary Purposes - Those purposes for which the personal data is mainly requested and for which the relationship between OPTIMEN and THE OWNER is created.

 

2.10.- Secondary Purposes - Those purposes that are not essential for the relationship between OPTIMEN and THE HOLDER, but that with their treatment contribute to the fulfillment of the corporate purpose.

 

3.- Identity and address of the person responsible for processing the personal data

 

3.1.- VARIABLE CAPITAL STOCK COMPANY OPTIMEN, a legal entity constituted under the laws of the Mexican Republic, (hereinafter referred to as OPTIMEN), is responsible for the treatment of personal data and agrees to respect the provisions of this Privacy Notice (hereinafter the "Notice" or the "Privacy Notice" indistinctly), which is made available to you in compliance with the provisions of the Federal Law for the Protection of Personal Data in Possession of Individuals (hereinafter the "Law" or "LFPDPPP" indistinctly) and is applicable concerning the personal data of THE OWNER.

 

3.2.- The domicile that for the effects of the present Notice establishes OPTIMEN is located at Ave. León, # 119, Piso 4, colonia Jardines del Moral, León, Guanajuato, México, C.P. 37160 and its internet portal is www. optimen.com. mx.

 

4.- Data collected and its origin

 

THE HOLDER accepts and acknowledges that OPTIMEN will obtain directly, by any means, the non-personally sensitive personal data of THE HOLDER, which correspond to the following:

 

General: Name, Age, Date of birth, Nationality, Address, Home and/or office telephone, mobile telephone, e-mail address, marital status, Federal Taxpayers Registry, Unique Population Registry Code, autographic and/or electronic signature, and photograph. 

 

References (of which THE OWNER assures to have the consent to share the personal data of such third parties): name, address, telephone number, occupation, time of knowing you, and reason for knowing you. 

 

Financial Data: Bank accounts, purchased services, and credits (credit history), income and expenses, properties.

 

4.1.- THE HOLDER in this act, grants his/her tacit consent in terms of article 8 of the law of the matter, so that OPTIMEN, treats his/her data contained in this clause, to comply with the purposes established in the present Privacy Notice and compliance with the legislation in force.

 

4.2.- THE HOLDER in this act, under oath, accepts that the data provided to OPTIMEN is true, current, and correct. Furthermore, he/she commits to hold OPTIMEN harmless from any lawsuit or claim derived from the errors in the data that he/she has given to OPTIMEN.

 

4.3.-OPTIMEN declares that it may obtain the personal data of THE OWNER through the so-called public access sources, to validate and update the data of THE OWNER, respecting at all times the reasonable expectation of privacy, referred to in article 7 of the LFPDPPP.

 

4.4.-OPTIMEN declares that it will use IP (Internet Protocol) information to analyze any type of threat to the website www. optimen.com.mx, as well as to gather demographic information. However, the IP information, in no case will be used to identify THE HOLDER, except when fraudulent activity is probable.

 

5.- Purposes of the processing of personal data

 

5.1.- OPTIMEN accepts and acknowledges that it may process the personal data of THE OWNER, directly and/or through its agents, by the type of relationship it has with THE OWNER, for the following primary purposes:

 

  • For identification and identity verification purposes.

 

  • Provide you with physical, electronic, and/or telephone information about the services and/or products offered by OPTIMEN.

 

  • To attend, follow up, and in its case deliver on time the products and services offered by OPTIMEN and/or to request the services and/or products offered by the supplier.

 

  • To carry out transactions with credit institutions resulting from commercial operations.

 

  • Generate several records in the database of OPTIMEN's Clients and/or Suppliers that will be kept for the duration of the commercial relationship and 10-10 years thereafter.

 

  • Elaboration of service and/or purchase orders, electronic invoicing, and credit notes derived from the purchases of products and/or services marketed by OPTIMEN and/or from the commercial relations that THE HOLDER has with OPTIMEN.

 

  • To comply with the provisions of the tax reforms in force and/or about to enter into force.

 

In addition, OPTIMEN will use your personal information for the following secondary purposes that are not necessary for the requested service, but that allow and facilitate providing you with better service:

 

  • Inform you of other services and promotions.

 

  • To offer publicity related to OPTIMEN's line of business.

 

  • To inform visitors to the site www.optimen.com.mx of your status as a client of OPTIMEN and to include you, if necessary, in the notes published in the news section of the site.

 

  • To evaluate the quality of the service or product offered by OPTIMEN, as well as to conduct market research. 

 

5.2.- If THE OWNER does not want his/her data to be used for all or some of the Secondary Purposes outlined in section 5.1, he/she must send a request for deletion of his/her data, specifying the purposes for which he/she does not want his/her data to be processed, to the following e-mail address: admin@optimen.com.mx. 

 

5.3.-The parties agree that OPTIMEN is obligated to observe to the personal data collected from THE OWNER, the principles of legality, consent, information, quality, purpose, loyalty, proportionality, and responsibility.

 

6.- Limitations on access and disclosure of personal data

 

6.1.-OPTIMEN commits to make its best effort to protect the security of the personal data that THE HOLDER is providing, adopting, establishing, and maintaining, to the extent of its capabilities, administrative, legal, technical, and physical security measures to protect personal data against damage, loss, alteration, destruction or unauthorized use, access or treatment. (i) uses private networks, (ii) scheduled maintenance of the site where the information is stored, (iii) firewall equipment is used, (iv) no-breaks equipment, (v) Internet restrictions on computer equipment, (vi) blocking through antivirus, USB ports, and compact disc burners, on all equipment of its personnel and collaborators, (vii) keeps backup equipment updated, (viii) personalized access accounts to the system through users and passwords; (ix) guarantees the confidentiality of the information and personal data it processes, through the execution of confidentiality agreements with all suppliers, service providers, and collaborators.

 

6.2.- In this sense, OPTIMEN is obliged to take the necessary measures to guarantee that the persons in charge that it uses to comply with what is established in the present Privacy Notice, with the obligations in their charge.

6.3.-Notwithstanding the foregoing, and if security breaches occur at any stage of the processing, which significantly affects the economic or moral rights of THE OWNERS, OPTIMEN will immediately inform OPTIMEN by e-mail, so that the latter may take the corresponding measures to defend their rights, releasing OPTIMEN from any responsibility if the breach is not attributable to OPTIMEN.

 

7.- Designated to process the applications

 

7.1 .- If THE OWNER needs to revoke his/her consent, as well as access, rectify, cancel or oppose the processing of the personal data he/she has provided, he/she shall do so through the person designated by OPTIMEN whose details are described below:

 

Nominee: Maira Alejandra Aceves Saldaña

E-mail: admin@optimen.com.mx.

 

8.- Means to revoke consent

THE OWNER of the personal data may revoke the consent that is granted with the acceptance of the present. Such revocation of consent shall be made by observing the following procedure that OPTIMEN makes available:

 

8.1.- Send an e-mail to the attention of the Designee in point 7-seven of this Notice, through which such requests will be attended to.

 

8.2.- Send a request or data message to the e-mail address specified above, indicating:

 

8.2.1.-The full name of THE OWNER, address, and e-mail address to receive the response generated on the occasion of his request;

 

8.2.2.- The reason for your request;

 

8.2.3.- The arguments supporting your request or petition;

 

8.2.4.- Official document that accredits your identity and proves that you are whom you say you are; 

8.2.5.- Date as of which the revocation of your consent becomes effective.

 

8.3.-Concerning article 32 of the LFDPPP, OPTIMEN shall notify THE OWNER, within a maximum period of 20-20 days, counted from the date on which the request for revocation of consent was received, the resolution adopted, so that, if it is appropriate, the same becomes effective within 15-15 days following the date on which the response is communicated, through a message containing that it has executed all acts tending to not process THE OWNER's data.

 

9.- Means to exercise ARCO rights

 

9.1.-If THE HOLDER needs to Access, Rectify, Cancel or Oppose the personal data provided to OPTIMEN, THE HOLDER shall follow the following procedure that OPTIMEN makes available to him/her:

 

9.2.- Send an e-mail to the attention of the Designee of item 7-seven of this Notice, through which such requests will be attended, indicating the following:

 

9.2.1.- The full name of THE OWNER, address, and e-mail address to receive the response generated on the occasion of his request;

 

9.2.2.- The reason for your request;

 

9.2.3.- The arguments supporting your request or petition;

 

9.2.4.- Official document that accredits your identity and proves that you are whom you say you are;

 

9.2.5.- A clear and precise description of the personal data concerning which it seeks to exercise any of the ARCO rights, and any other element or document that facilitates the location of the personal data.

 

9.2.6.- In the case of requests for rectification of personal data, THE OWNER shall indicate, in addition to the aforementioned, the modifications to be made and provide the documentation supporting his/her request.

 

9.3. Concerning article 32 of the LFDPPP, OPTIMEN shall notify THE OWNER, within a maximum period of 20-20 days from the date on which the request for access, rectification, cancellation, or opposition was received, of the resolution adopted, so that, if appropriate, the same may be made effective within 15-15 days following the date on which the response is communicated. In the case of requests for access to personal data, the delivery shall be made upon proof of the identity of the applicant or legal representative, as the case may be.

 

10.- Transfer of personal data

 

10.1 OPTIMEN is obliged not to transfer or share the data referred to in this Notice, in favor of third parties, except in those cases in which it is necessary to comply with the purposes of this Notice or are necessary for compliance with a requirement of authority.

 

10.2.- Likewise, in compliance with its legal obligations, and with informative effects to THE HOLDER, it is indicated that OPTIMEN will be able to carry out the following transfers:

 

10.2.1.- Banking institutions, to collect payment for the products and/or services marketed by OPTIMEN and/or payment for the products and/or services acquired by OPTIMEN.

 

10.2.2.-IMSS, INFONAVIT, and SAT, to comply with labor and social security legislation, as well as the payment of taxes.

 

11.- Modifications

 

11.1. The parties agree that the Privacy Notice may be modified in the time and manner that OPTIMEN determines, by the study and the regulations that may arise in the matter of personal data protection, for which reason OPTIMEN is obligated to keep this notice updated so that, if applicable, THE OWNER is in the possibility of exercising his/her ARCO rights.

 

12.- Guarantor Authority

 

12.1. If THE HOLDER considers that his/her right to the protection of his/her data has been violated by any conduct or omission on the part of OPTIMEN or presumes any violation of the provisions outlined in the Federal Law for the Protection of Personal Data in Possession of Individuals, its Regulations, and other applicable laws, he/she may file a complaint before the National Institute for Transparency, Access to Information, and Protection of Personal Data (INAI, Spanish acronym). For further information, we suggest you visit its official website www.inai.org.mx.

 

13.- Applicable law and jurisdiction

 

13.1.- The parties express that this notice shall be governed by the legal provisions applicable in the Mexican Republic, in particular, by the provisions of the Federal Law for the Protection of Personal Data in Possession of Individuals, its Regulations, and other related applicable regulations.

 

13.2.- In the event of a dispute or controversy arising from the interpretation, execution, or compliance with the notice or any of the documents derived from it, or related to it, the parties will amicably seek to reach an agreement within a period of 30-thirty calendar days from the date on which any difference arises and the other party is notified in writing of such event, deducting the mediation process before the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI). 

 

13.3.- If the parties do not reach an agreement, they hereby agree to submit all disagreements arising from this Privacy Notice or any of the documents derived from it, or that are related to it or them, to be resolved definitively, submitting to the jurisdiction and laws of the Federal Administrative Authorities or Courts of the state of Guanajuato, expressly waiving any other jurisdiction that by reason of their present or future domiciles may correspond to them.

 

Last update date: December 13, 2021