NOTICE OF PRIVACY related to personal data, collected by Productos Polimex, S.A. de C.V., hereinafter referred to as “PRODUCTOS POLIMEX”.
1.1. PRODUCTOS POLIMEX IS A MORAL PERSON COMMITTED AND RESPECTFUL OF THE RIGHTS ON THE PERSONAL DATA OF THE PHYSICAL PERSONS, RECOGNIZED IN ARTICLE 16 FRACTION II OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES, AS WELL AS THE PROVISIONS OF THE FEDERAL LAW OF PROTECTION OF PERSONAL DATA IN POSSESSION OF INDIVIDUALS, FOR THE FOREGOING, WE MAKE AVAILABLE THE PRESENT NOTICE OF PRIVACY, TO THE HOLDER OF THE PERSONAL DATA, IN HIS FACULTY TO EXERCISE HIS RIGHT TO INFORMATION SELF-DETERMINATION.
1.2. THIS NOTICE OF PRIVACY, IS MADE AVAILABLE TO THE HOLDERS ON THE INTERNET PAGES WHOSE DOMAIN NAME IS: www.polimex.mx and www.polimex.mx/shop FORWARD DENOMINATED, LIKE THE INTERNET PAGES OF PRODUCTOS POLIMEX.
1.3. YOU (HEREINAFTER REFERRED AS THE “OWNER” OR “OWNERS”) WHEN ENTERING AND USING THE INTERNET PAGES OF PRODUCTOS POLIMEX OR REGISTERING IN OUR EVENTS, REGISTERING IN OUR MAILING LISTS, DIRECTORY AND ADMINISTRATIVE SYSTEM, DECLARES THAT YOU ARE ACCEPTING THE TERMS AND CONDITIONS CONTAINED IN THIS NOTICE AND EXPRESSLY GRANT YOUR ACCEPTANCE AND CONSENT BY USING FOR THAT EFFECT ELECTRONIC MEDIA, IN TERMS OF THE PROVISIONS OF ARTICLE 1803 OF THE FEDERAL CIVIL CODE.
1.4. IF THE OWNER DOES NOT ACCEPT ABSOLUTELY AND COMPLETELY THE TERMS AND CONDITIONS OF THIS NOTICE, HE SHALL REFRAIN FROM PROVIDING ANY PERSONAL DATA TO PRODUCTOS POLIMEX BY ANY MEANS INCLUDING THE INTERNET PAGES OF PRODUCTOS POLIMEX.
1.5. IN THE CASE THAT THE OWNER ACCEPTS THE PRESENT AND/OR PROVIDES TO PRODUCTOS POLIMEX HIS PERSONAL DATA, SUCH ACTION WILL BE CONSIDERED AS YOUR ABSOLUTE AND EXPRESS ACCEPTANCE TO THE NOTICE OF PRIVACY PUBLISHED BY PRODUCTOS POLIMEX ON THE REFERED INTERNET PAGES, AT THE MOMENT IN WHICH THE OWNER PROVIDES HIS PERSONAL DATA AND/OR IN WHICH HE HAS ACCESS OR HE MADE AVAILABLE THIS NOTICE OF PRIVACY.
1.7. THE PARTIES AGREE THAT BY NOT EXISTING, ERROR, INTENTIONAL MISCONDUCTS, BAD FAITH OR ANY OTHER MEANS WHICH VITIATE THE WILL THAT MAY NULLIFY THE VALIDITY OF THIS INSTRUMENT, BOTH AGREE TO SUBJECT TO CONSISTENT WITH THE PROVISIONS OF THE FOLLOWING:
2.1. Owner.- The physical person (OWNER) to whom the personal data is identified or corresponds.
2.2. Responsible.- Physical or moral person (PRODUCTOS POLIMEX) of a private nature that decides over the processing of personal data.
2.3. Person in charge.- The physical or moral person who alone or jointly with others treats personal data on behalf of the responsible.
2.4. Treatment.- The obtaining, use (which includes access, management, use, transfer or distribution of personal data), disclosure or storage of personal data by any means.
2.4.1 Transfer.- Any data communication made to a person other than the owner or the person in charge.
2.5. Third.- The natural or legal person, national or foreign, different from the owner or data responsible.
2.6. ARCO Rights.- Rights of access, rectification, cancellation and opposition.
2.7. 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, does not state its opposition.
2.8. Days.- When the word “day” is used throughout this Privacy Notice, it will be understood that they are capable of counting any term.
3. Identity and address of the responsible person collecting the personal data.
The responsible person for obtaining the personal data is Productos Polimex S.A. de C.V. (referred to as PRODUCTS POLIMEX) which is compromised to respect the provisions of this Privacy Notice (hereinafter the “Notice”), which is made available to comply with the provisions of the Federal Law on Protection of Personal Data in Possession of the Individuals (hereinafter the “Law”) and, it is applicable regarding the personal data of the individuals, that PRODUCTOS POLIMEX obtains through THE INTERNET PAGES OF PRODUCTOS POLIMEX and the activities performed. The address that for the purposes of this notice establishes PRODUCTOS POLIMEX, is located at: Lago Mask 124, Anáhuac Los Manzanos. CP 11460 Mexico City, Mexico.
4. Data that is collected.
4.1. Registered users in THE INTERNET PAGES OF PRODUCTOS POLIMEX, full name, address, phone numbers, email, twitter account, Facebook account, Youtube, Flickr, G +, Pinterest, Vimeo, Tumblr, Instagram, Vine, Linkedin, Foursquare, last grade, studying school, working place/company, job, activities, tools in use, finished works.
4.2. THE OWNER understands that by the nature of THE INTERNET PAGES OF PRODUCTOS POLIMEX, all the data that THE OWNER decides to make for the public domain through the publication on THE INTERNET PAGES OF PRODUCTOS POLIMEX may be used by any third party, without the need to obtain his consent. , because it is a source of public access, and therefore, PRODUCTOS POLIMEX will not be responsible for any reason for the use that third parties give to such personal data, as well as for the data that are communicated among users through any means , since sharing this information will be under absolute responsibility and risk.
4.3. THE OWNER, in this act, gives his express consent in terms of article 9 of the LFPDPPP, so that PRODUCTOS POLIMEX treats his personal data, contained in this clause, to comply with the purposes established in this Privacy Notice.
4.4. PRODUCTOS POLIMEX states that it may obtain the OWNER’s personal data through the so-called public access sources, in order to validate and update the data of THE OWNER, respecting every time the reasonable expectation of privacy referred to in article 7 of the LFPDPPP.
4.6. PRODUCTOS POLIMEX will use IP information (Internet Protocol) to analyze any type of threats to THE INTERNET PAGES OF PRODUCTOS POLIMEX, as well as to collect demographic information. However, the IP information, never will be used to identify the OWNERS, except when there are probabilities of fraudulent activity.
5. Use of “Cookies” and “web beacons”.
5.2. On the other hand, “web beacons” are images inserted in a website or email, which can be used to monitor the behavior of a visitor, such as storing information about the user’s IP address, interaction time and the type of browser used, among others.
5.3. Although most browsers accept “cookies” and “web beacons” automatically, THE OWNER can configure his browser to not accept them.
5.4. To deactivate the “cookies”, you must proceed with the following instructions:
a. Internet Explorer: http://support.microsoft.com/kb/283185;
b. Firefox: http://support.mozilla.org/en/kb/Habilitar%20y%20deshabilitar%20cookies? S = disable + cookies & r = 0 & e = es & as = s;
c. Opera: http://help.opera.com/Windows/11.60/en/cookies.html;
d. Safari IPAD: http://manuals.info.apple.com/en_US/iPad_iOS4_User_Guide.pdf;
e. IPHONE Safari: http://manuals.info.apple.com/en_US/iPhone_iOS3.1_User_Guide.pdf; Y
f. Chrome: http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647
6. Purposes of the processing of personal data.
6.1. PRODUCTOS POLIMEX accepts and acknowledges that it will be able to process the personal data of THE OWNER, for the following primary purposes:
a. Register as a user of THE INTERNET PAGES OF PRODUCTOS POLIMEX and keep this information for up to 30-thirty days after the user cancels his account from THE INTERNET PAGES OF POLIMEX PRODUCTS.
b. Send you information regarding the activities of the community of THE INTERNET PAGES OF PRODUCTOS POLIMEX.
c. Know the profile and interests of the OWNERS.
d. Allow the OWNER to share comments, information and experiences that they wish to make public.
e. To participate in dynamics organized by PRODUCTOS POLIMEX or their sponsors.
f. Enroll it in the events requested by the owner.
6.2. PRODUCTOS POLIMEX will process the personal data of the OWNER for the following secondary purposes:
a. To evaluate the quality of THE INTERNET PAGES OF PRODUCTOS POLIMEX.
b. To send newsletters periodically.
c. To send news, promotions and invitations to events of PRODUCTOS POLIMEX and its business partners.
d. Generate internal reports about the use of THE INTERNET PAGES OF PRODUCTOS POLIMEX.
e. Mass mailing for notifications or notices related to THE INTERNET PAGES OF PRODUCTOS POLIMEX.
f. To inform about updates to PRODUCTOS POLIMEX INTERNET PAGES, informational messages and regarding services, including important security updates.
g. To include the users of THE INTERNET PAGES OF PRODUCTOS POLIMEX in the PRODUCTOS POLIMEX social networks.
h. Mass mailing for advertising or marketing purposes of PRODUCTOS POLIMEX and its business partners.
6.3. In the event that THE OWNER does not want his personal data to be used for all or some of the secondary purposes set out in section 6.2., he must send a request for the removal of his data, specifying the purposes for which he wishes his personal data not to be used to the following email: email@example.com
6.4. Also, PRODUCTOS POLIMEX informs the OWNER that, with some exceptions described in this point of this Notice, all personal data stored in physical and electronic media, will be stored for up to 10-ten years, once the purpose for that were collected, for further destruction.
7. Limitations for access and disclosure of personal data.
7.1. PRODUCTOS POLIMEX commits to do its best effort to protect the security of personal data that THE OWNER is providing, through the conclusion of legal acts, the use of control access technologies that controls the use or disclosure without authorization of personal information; for this purpose, personal information is stored in databases with limited access that are located in controlled facilities with security mechanisms; PRODUCTOS POLIMEX, commits that the information provided by THE OWNER, is considered confidential, and it’s used in full privacy, in accordance with the levels of privacy granted by the site for the publication of information.
7.2. Likewise THE OWNER may unsubscribe from the list of mass mailings of advertising or marketing emails of PRODUCTOS POLIMEX, for which you must click on the link “Cancel subscription” integrated in the footer of all emails sent by PRODUCTOS POLIMEX, in order to not receive such messages again.
7.3. Additionally, it’s informed that in order to avoid receiving publicity in general, you can register in the Public Registry to Avoid Publicity, for more information you can check the website of the Procuraduría Federal del Consumidor (PROFECO).
8. Designated to process applications.
8.1. In the event that THE OWNER needs to revoke his consent, as well as Access, Rectify, Cancel, Oppose to the processing of personal data that he has provided, he must do so through the Personal Data Committee of PRODUCTOS POLIMEX, whose data is described below :
Designated: Mariela Pineda Castillo
9. Means to revoke the consent.
9.1. THE OWNER of personal data may revoke the consent granted with the acceptance of this. This revocation of the consent that is granted by electronic means, shall be done by observing the following procedure:
9.2. Send an email to the designated person in point 8.1 of this Notice, through which these requests will be attended, in which it states:
9.2.1. The full name of the OWNER, address and email to receive the response generated as a result of your request.
9.2.2. The reason for your request.
9.2.3. The arguments that support your request or petition.
9.2.4. Official document that proves your identity and that shows you are who you say you are.
9.2.5. Date from which the revocation of your consent becomes effective.
9.3. PRODUCTOS POLIMEX will notify THE OWNER, within a maximum period of 20 -20 days, counted from the date on which the request was received regarding the exercise of the ARCO rights, the resolution adopted, so that, if it is appropriated, the request will be effective within 15-fifteen days following the date on which the response is communicated, by means of a message containing the execution of all acts tending not to treat the personal data of THE OWNER.
10. Means to exercise ARCO rights.
10.1. In the event that THE OWNER needs to Access, Rectify, Cancel or Oppose the personal data that has been provided to PRODUCTS POLIMEX, the OWNER must follow the following instructions:
10.2. Send an email to the attention of the designated person in point 8.1 of this Notice, through which these requests will be attended, stating the following:
10.2.1. The full name of the OWNER, address and email to receive the response generated as a result of your request.
10.2.2. The reason for your request.
10.2.3. The arguments that support your request or petition.
10.2.4. Official document that proves your identity and that shows who you are who you say you are.
10.2.5. Clear and precise description of the personal data with respect to which one seeks to exercise any of the ARCO rights, and any other element or document that facilitates the location of personal data.
10.2.6. In the case of requests for rectification of personal data, the OWNER must indicate, in addition to the indicated, the modifications to be made and provide the documentation supporting their request.
10.3. PRODUCTOS POLIMEX will notify the OWNER, within a maximum period of 20 -twenty days from the date on which the request for access, rectification, cancellation or opposition was received, the resolution adopted, so that, if appropriate, it becomes effective. The same within 15-fifteen days following the date on which the response is communicated. In the case of requests for access to personal data, the delivery shall proceed after proof of identity of the applicant or legal representative, as applicable.
11. Transfer of personal data.
11.1. PRODUCTOS POLIMEX is obliged to not transfer or share the data referred to in this Notice, in favor of third parties, except in cases that prove necessary to comply with the purposes of this notice, or, if necessary in compliance with a requirement of authority.
11.2.Notwithstanding the foregoing and, in the event of security breaches occurring at any stage of the processing, that significantly affect the economic or moral rights of the OWNERS, they will be informed by email, immediately, so that the latter can take the corresponding measures to defend their rights, disclaiming any responsibility to PRODUCTOS POLIMEX, if the violation is not attributable to it.
12.1. The parties agree that the Privacy Notice may be modified in the time and manner determined by PRODUCTOS POLIMEX, based on the study and regulations on the protection of personal data, and therefore it is obliged to keep this notice updated, for consultation on THE INTERNET PAGES OF PRODUCTOS POLIMEX, so that, if applicable, THE OWNER will be able to exercise his ARCO rights.
13. Applicable law and jurisdiction.
13.1. The parties express that this notice will be governed by the legal provisions applicable in the Mexican Republic, especially by the provisions of the Federal Law on Personal Data Held by Private Parties and its regulations.
13.2. In the event that there is a dispute or controversy, derived from the interpretation, execution or fulfillment of the notice or any of the documents derived from it, or that are related to it, the parties will seek, amicably, an agreement within of a period of 30 -thirty calendar days, counted from the date on which any difference arises and the counterpart is notified in writing about said event, deducting the mediation process before the Alternative Justice Center of Mexico City, taking the under the Alternative Justice Law of the Superior Court of Justice of Mexico City and its Internal Regulation, valid at the time of the submission of the controversy.
13.3. In case the parties do not reach an agreement, agree in this act to submit all disagreements arising from this NOTICE or any of the documents derived from it, or that are related to it or those, will be resolved definitively they submit themselves to the competence and laws of the Federal Administrative Authorities or Courts of Mexico City, expressly waiving any other jurisdiction that for reasons of their present or future domiciles may correspond to them.