Privacy notice of Serviap S.A. DE C.V.

NOTICE OF PRIVACY

This document constitutes the Privacy Notice for the purposes of the provisions of the Federal Law on Protection of Personal Data Held by Private Parties and the provisions that emanate from it or are related to it. This Privacy Notice applies to personal information collected about the Holder by “SERVIAP”, S.A. DE C.V. (hereinafter SERVIAP), in its capacity as Responsible, with domicile located in Sor Juana Inés De La Cruz No. 22, Floor 3, Office 320-B, Colonia Tlalnepantla Centro, Municipality Tlalnepantla de Baz, C.P. 54030, State of Mexico.

This Privacy Notice has the following terms and conditions:

1. DEFINITIONS For the purposes of this Notice and in accordance with the Federal Law on Protection of Personal Data Held by Private Parties, it will be understood as:

  1. a) Privacy Notice: Physical and / or electronic document generated by the person in charge that is made available to the owner, prior to the processing of their personal data.
  2. b) Personal Data: Any information concerning an identified or identifiable natural person. c) ARCO Rights: Means the rights of Access, Rectification, Cancellation and, Opposition that in accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties and subject to the exceptions established therein and in this Notice of Privacy, each Holder has, in relation to the Personal Data collected by the Responsible and / or their Managers, and which are described below:


Right of Access: It is the right that the Holder has to know about the Personal Data related to his or her person who is in the possession of the Person in Charge or of their Managers, also to whom they have been shared and for what purpose.

Right to Rectification: Each Holder has the right to have their Personal Data rectified when they are inaccurate or incomplete.

Right of Cancellation: Each Holder has the right to request at any time that their Personal Data be deleted; which will happen once the blocking period elapses The blocking involves the identification and conservation of Personal Data, once the purpose for which they were collected is fulfilled, and it is intended to determine the possible responsibilities in relation to their treatment, up to the legal or contractual prescription period of these. During this period, your Personal Data will not be processed and after this, it will proceed with its cancellation in the corresponding database or file. Once the corresponding data has been canceled, the Responsible will give the Holder the corresponding notice. In the event that the Personal Data had been transmitted prior to the date of rectification or cancellation and continue to be treated by third parties, the Responsible shall inform the third party in question, said request for rectification or cancellation, so that it may proceed to make it too.

Right of Opposition: The Holder has at all times the right to request, provided that he has a legitimate cause, that the Responsible ceases to process their Personal Data.

  1. d) Responsible: Means the natural or legal person that decides on the treatment of the Personal Data of the Holder, in this case SERVIAP.
  2. e) Person in charge: Means the natural or legal person that alone or together with others, treat Personal Data on behalf of the Responsible.
  3. f) Holder: Means the natural person holding the Personal Data, or authorized to deliver Personal Data of a third party in accordance with applicable laws, who delivers said Personal Data to the Responsible.
  4. g) Transfer: Any communication of data made to a person other than the person responsible or in charge of the treatment.
  5. h) Portal: The reference of a Portal in this document means the reference to https://www.serviapgroup.com/privacy-policy.
  6. i) ARCO Rights: Rights of Access, Rectification, Cancellation and Opposition.
  7. j) Tacit Consent: It will be understood that the owner has consented to the processing of the data, when the Privacy Notice has been made available to him, does not express his opposition.

2. CONSENT OF THE HOLDER For the purposes of the provisions of article 17 of the Federal Law on Protection of Personal Data Held by Private Parties, the Holder states that: (i) the Responsible party has announced this Privacy Notice, (ii) have read , understood and agreed to the terms set forth in this Privacy Notice; Therefore, you grant your consent regarding the processing of your Personal Data for the purposes of the Federal Law on Protection of Personal Data Held by Private Parties and other applicable legislation. In the event that the Personal Data collected includes sensitive or financial Personal Data, by signing the corresponding contract, either in print, or using electronic means and their corresponding processes for the formation of consent, for example, but not limited to , the provision of Personal Data through the dialogue windows, or the display and tour of terms and conditions on screen, acts that constitute the express consent of the owner in terms of the second paragraph of Article 8 of the Federal Data Protection Law Individuals in Possession of Individuals and other applicable legislation and (iii) that gives their consent for SERVIAP, or its managers to make transfers of Personal Data to national or foreign third parties, in the understanding that the treatment that third parties give to their Data Personnel must comply with the provisions of this Privacy Notice.

In the event that the Holder does not oppose the terms of this Privacy Notice within the next 48 hours in which it was made available, its content will be considered agreed and consented, in terms of the third paragraph of Article 8 of the Federal Law Protection of Personal Data Held by Private Parties. The consent of the Holder may be revoked at any time by the latter without being attributed retroactive effects, in the terms and in accordance with the procedures established below for it in accordance with this Privacy Notice.

However, any provision of this Privacy Notice, the Holder acknowledges that his consent for the processing of Personal Data by the Responsible or third parties will not be required in any of the cases indicated in Article 10 of the Federal Law of Protection of Personal Data in Possession of Individuals.

3. OBJECT OF THE PRIVACY NOTICE; INFORMATION COLLECTED; PURPOSE OF PERSONAL DATA. The purpose of this Privacy Notice is to establish the terms and conditions under which SERVIAP (or the designated Manager) (i) will receive and protect the Personal Data of the Holder, in order to protect their privacy and their right to self-determination informative, in compliance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties; (ii) use the Personal Data of the Holder, and (iii) carry out, where appropriate, transfers of Personal Data to third parties. The Responsible will collect and process the Personal Data of the Holder, that is, that information that can reasonably identify him, through the receipt of documents, whether in printed and / or digital format.

3.1. INFORMATION COLLECTED. The information that the Responsible can collect will consist, by way of example, but not limited to: name and surname; date of birth; age, marital status, nationality, domicile, whether particular, of work, or fiscal; email, personal or work address; telephone, home or work number; mobile number; credit card number, debit card or bank accounts; Federal Taxpayers Registry (RFC) key; Unique Population Registration Code (CURP); affiliation number to the Mexican Social Security Institute, as well as others of a similar nature.

The collection of Personal Data may be carried out when the Holder communicates by telephone with the Responsible or with their Managers, or by direct delivery to the Responsible or through the use of emails and / or through the use of their websites and social networks , through the voluntary supply of information through the dialog windows enabled on the sites, or through the use of automatic data capture tools. These tools allow you to collect the information that your browser sends to such websites, such as: the type of browser you use, the user language, access times, and the address of websites you used to access the sites of the Responsible or Managers. Within the documentation that can be collected by SERVIAP, for the verification of the identity of the Holder of the Personal Data, there is: the voter’s credential; resident card the identity card of the national military service released; the registration certificate in the Federal Taxpayers Registry (RFC); the Single Population Registration Certificate (CURP); Proof of address: water rights payment ballot, property tax payment ballot, or electricity supply service payment ballot; the special credit report issued by a Credit Information Society.

The Responsible may also collect Personal Data from publicly available sources and other sources available in the market to which the Holder may have given his consent to share his personal information. 

3.2. PURPOSE OF PERSONAL DATA The Personal Data of the Holder are collected and processed by the Responsible or its Managers in order to allow the Responsible to carry out the following activities and purposes: • Provision of professional services in relation to our corporate purpose. • Administration of payroll. • Management consulting in corporate areas. • Personalized customer service around the services described. • Integration of client and supplier files. • Compliance with local and federal regulations.Additionally, the personal information of the Holder will be used for the following secondary purposes that are not necessary to comply with the legal relationship between SERVIAP and the Holder:

  • Reports on our activities or services and programs of our company.
  • Reports on various topics of interest to our company.
  • To contact you via email, social networks or telephone, in order to share news of interest regarding SERVIAP (articles, congresses, promotions, services, courses and events, etc.).

In the event that the Holder does not want their personal data to be used for the purposes mentioned above, they must indicate it below: 

  • Reports on our activities or services and programs of our company. () 
  • Reports on various topics of interest to our company. ()
  • To contact you via email or telephone in order to share news of interest regarding SERVIAP (articles, congresses, promotions, services, courses and events, etc.).

The refusal to use personal data for the above purposes will not be a reason to deny the User the provision of services and activities that he has contracted with SERVIAP.

In accordance with article 25, second paragraph of the Guidelines of the Privacy Notice, in the event that this Privacy Notice is not made known to the Holder directly or personally, it has 5 business days so that, in If this is the case, express your refusal to process your personal data with respect to secondary purposes that are not necessary to comply with the legal relationship established with SERVIAP.

SERVIAP may share your Personal Data with providers of database administration and management services; automated processing of Personal Data and its storage; authentication and validation of emails; audit services, and other services of a similar nature to those described. The use of the data that is shared will be subject to the provisions of this Privacy Notice.

4. USE OF COOKIES

The correct functioning of SERVIAP sites and that of their suppliers require the enablement of “cookies” in your Internet browser. “Cookies” are small data files transferred by the website to the hard drive of your computer when you browse the site. Cookies can be session or permanent. Session cookies do not remain on your computer after you log out of your browser, while permanent cookies remain on computers until they are deleted or expire.

In most browsers cookies are automatically accepted under their default settings, you can adjust your browser preferences to accept or decline cookies. Disabling cookies may disable various functions of SERVIAP websites or that are not displayed correctly. In case you prefer to delete the information of the cookies sent by SERVIAP, you can delete the file (s) at the end of each browser session. Relevant information can be consulted on the sites of the main Internet browsers. Use of Web beacons (also known as Internet tags, pixel tags and clear GIFs). SERVIAP may use Web beacons, alone or in combination with cookies, on its websites and in HTML emails, to collect information about the use of websites and their interaction with email. The Web beacon is an electronic image, called a single pixel (1×1) or GIF that can recognize information that is processed on your computer, such as cookies, the time and date when the site and its sections are displayed. Links in SERVIAP emails. The emails that include links let SERVIAP know if you activated the link and visited the destination website, and this information can be included in your profile. The Personal Data that SERVIAP obtains from its commercial sources may be used together with the Personal Data that it collects through its websites.

5. DATA TRANSFER.

Once the terms set in this Privacy Notice have been read, understood and agreed upon, the Holder expresses his / her consent for the Person in Charge or any Person in Charge to transfer Personal Data to national or foreign third parties, in the understanding that the treatment given by said third parties to the Personal Data of the Holder must comply with the provisions of this Privacy Notice.

Therefore, SERVIAP will share your data with the following third parties:

Destinatario de los datos personales Finalidad Requiere del consentimiento
BBVA BANCOMER, S.A. OPENING OF BANK PAYROLL ACCOUNT No
EDENRED MEXICO, S.A. DE C.V. ISSUANCE AND PAYMENT OF DISPENSE VOUCHERS No
EFECTIVALE, S. DE R.L. DE C.V. ISSUANCE AND PAYMENT OF DISPENSE AND GASOLINE VOUCHERS No
INSTITUTO MEXICANO DEL SEGURO SOCIAL AFFILIATORY MOVEMENTS No
MAPFRE MÉXICO, S.A. AFFILIATE MOVEMENTS FOR MAJOR HEALTH EXPENSES AND LIFE No
MAPFRE TEPEYAC, S.A. AFFILIATE MOVEMENTS FOR MAJOR HEALTH EXPENSES AND LIFE No
OPERADORA DE PROGRAMAS DE ABASTO MULTIPLE, S.A. DE C.V. ISSUANCE AND PAYMENT OF DISPENSE VOUCHERS No
AXA SEGUROS, S.A. DE C.V. AFFILIATION MOVEMENTS FOR MAJOR HEALTH EXPENSES AND LIFE No
METLIFE, INC. (MÉXICO) AFFILIATE MOVEMENTS FOR MAJOR HEALTH EXPENSES AND LIFE No
CLIENTES DE SERVICIO PERSONAL INFORMATION No
AUTORIDADES GUBERNAMENTALES PERSONAL INFORMATION No

The Holder acknowledges and accepts that the Responsible does not require authorization or confirmation of the Holder to make transfers of national or international Personal Data in the cases provided for in Article 37 of the Federal Law on Protection of Personal Data Held by Private Parties or in any other case of exception provided by the same or other applicable legislation.

6. RESGUARD AND SECURITY OF PERSONAL DATA.

The Responsible and / or its Managers will retain the Personal Data of the Holder for as long as necessary to process their requests for information about our services, as well as to maintain accounting, financial and audit records in terms of the Federal Law on the Protection of Personal Data Held by Private Parties and current commercial, tax and administrative legislation. The Personal Data of the Holder collected by the Responsible and / or its Managers will be protected by appropriate administrative, technical and physical security measures against damage, loss, alteration, destruction or use, unauthorized access or treatment, in accordance with the provisions in the Federal Law on Protection of Personal Data Held by Private Parties and the administrative regulation derived from it. However, SERVIAP does not guarantee that unauthorized third parties, through the use of illegal computer processes, cannot access the digital systems of the Owners or the Responsible or in the electronic documents and files stored in their systems. Consequently, SERVIAP will carry out the necessary actions established by law to reduce the risk of a possible personal data breach.

7. PROCEDURE TO EXERCISE ARCO RIGHTS.

To exercise the ARCO Rights, the Holder or his representative must submit a written request for Access, Rectification, Cancellation or Opposition with the following information and documentation:

  1. a) Name of the Holder and address or other means to communicate the response to your request;
  2. b) Documents proving your identity (simple copy in print or electronic of your ID card, passport or temporary or permanent resident Card) or, where appropriate, the legal representation of the Holder (simple copy in printed or electronic format of the simple power of attorney letter with the autograph signature of the Holder, the agent and their corresponding official identifications – (ID card, passport, temporary or permanent resident card);
  3. c) The clear and precise description of the Personal Data regarding the specific search for ARCO Rights, and
  4. d) Any other element or document that facilitates the location of the Personal Data of the Holder.

In the case of requests for rectification of Personal Data, the respective Holder must also indicate the modifications to be made and provide the documentation that supports his request.

For the reception, registration and attention of requests to exercise your right of access, rectification, cancellation and opposition to your Personal Data, as well as to limit the use or disclosure of your data, and other rights provided in the Federal Law of Protection of Personal Data Held by Individuals contact:

Email address: [email protected]

The Responsible or its Managers will respond to the respective Holder within a maximum period of twenty business days, counted from the date on which the request for access, rectification, cancellation or opposition was received, the determination adopted, so that, if appropriate , it becomes effective within fifteen days following the date on which the response is communicated to the Holder. In the case of requests for access to Personal Data, the Responsible or its Managers will proceed with their delivery prior accreditation of the identity of the applicant or his legal representative, as appropriate. The aforementioned deadlines may be extended only in terms of the Federal Law on Protection of Personal Data Held by Private Parties.

The delivery of Personal Data will be free, it will only correspond to cover the justified shipping costs or the cost of reproduction in copies or other formats.

For the purposes of the requests for cancellation of Personal Data, in addition to the provisions of this Privacy Notice, the provisions of Article 26 of the Federal Law on Protection of Personal Data Held by Private Parties, including cases of exception of cancellation of Personal Data indicated.

8. CHANGES TO THE PRIVACY NOTICE.

SERVIAP reserves the right to periodically update this Notice to reflect changes in our information practices. It is the responsibility of the Holder to periodically review the content of the Privacy Notice on the site https://www.serviapgroup.com/privacy-policy. The Responsible shall understand that if he does not express otherwise, it means that the Holder has read, understood and agreed to the terms set forth, which constitutes his consent to the changes established in said updates regarding the processing of his Personal Data for purposes of the Federal Law of Protection of Personal Data Held by Private Parties and other applicable laws.