Aviso de Privacidad

PRIVACY NOTICE OF ISATEL GROUP AND ITS ASSOCIATED COMPANIES

 

LEGAL BASIS

 

In accordance with the provisions of the second paragraph of article 16 of the Mexican Political Constitution, everyone has the right to the protection of their Personal Data, to access, rectify, and cancel them, as well as to express their opposition in terms of the law, which will also establish the exception cases to the principles that govern data processing.

 

The Mexican Law on Protection of Personal Data in possession of Private Parties and its Regulations (hereinafter “the Law” and its “Regulations”, respectively), are the legal systems that establish the right to the protection of Personal Data, which are defined as any information concerning an identified or identifiable NATURAL PERSON.

 

 

The objective of this Privacy Notice is to define the scope and general conditions of the processing of Personal Data, as well as to inform the Holders, so that they can make informed decisions, as well as to maintain control and disposition over their data.

 

 

 

IDENTITY AND ADDRESS OF THE RESPONSIBLES

 

For the purposes of this Privacy Notice, the associated companies that are part of ISATEL Group (hereinafter “ISATEL Group”), will be referred as the “Responsible” of the obtaining, disclosure, storage, use, including action of access, management, exploitation, transfer, or disposal of Personal Data (hereinafter the “Processing”).

 

 

Following up on the foregoing, may be Responsible:

 

  • Isatel de México, S.A. de C.V.;
  • Integración en Servicios y Asesoría en Telecomunicaciones y Electrónica, S.A. de C.V., and
  • Consultoría Integral en Telecomunicaciones y Electrónica, S.C.

 

The Responsible declares to be a group of companies legally established under Mexican laws to be the Holder of the website www.isatel.mx, and to be separately responsible for the Personal Data collected. The Responsible indicates for the purposes of this Privacy Notice the address located at Obrero Mundial 202, Del Valle, 03100, Benito Juárez, Mexico City.

 

The Responsible is committed to protect and recognize the privacy of the Holder of Personal Data, respecting the principles of legality, consent, information, quality, justification, loyalty, trust, proportionality, and responsibility.

 

 

PERSONAL DATA SUBJECT TO PROCESSING

 

Due to the activities and services that ISATEL Group provides, your Personal Data will be processed in accordance with the following categories:

 

1) Non-Sensitive Personal Data.

 

  • Identification data.
  • Contact information.
  • Location data.
  • Patrimonial and/or financial data.
  • Tax data.
  • Demographic data, including data related to the geographic location of the device you use for our services.
  • Information about your preferences and interests regarding the goods, products and services that we offer.
  • Information generated by other connected or used devices (including your IP address and the identification data of your device), browsing data, internet consumption data, as well as information regarding the use of third-party applications and services.
  • Information that you provide us voluntarily for the attention of complaints, claims or information requests.

 

We inform you that the aforementioned Personal Data will be obtained personally or through electronic means that the Responsible owns and are available to you.

 

 

2) Sensitive Personal Data.

 

We inform you that, for the objectives of this Privacy Notice, sensitive personal data will not be processed.

 

PURPOSES OF THE PROCESSING OF PERSONAL DATA

 

The Personal Data obtained by ISATEL Group and established by the Law have the following purposes:

 

  1. Primary. Necessary for the existence and fulfillment of the legal relationship between the Responsible and the Holder, which consist of:

 

  1. Verify and confirm the identity of the Holder. Verify that the Personal Data contained in the identification records that the Holder shows to the Responsible for granting services, can be corroborated and are the same records in the documents held by the corresponding authorities.

 

 

  1. Preservation of information and attention to requirements of any competent authority.

 

  1. Manage and validate that the Personal Data are accurate, complete, pertinent, correct and updated, in compliance with the quality principle established by current laws.

 

  1. To be able to comply with the provisions contained in the Mexican Law for the Prevention and Identification of Operations with Illicit Resources.

 

 

  1. So that the Responsible can provide the services requested by the Holder, and to carry out all the necessary actions.

 

  1. Formalize a contractual relationship between the Holder and the Responsible and comply with the obligations contracted.

 

  1. Offer the Holder products and services through the electronic means owned by the Responsible.

 

  1. Update the database of clients, users, and prospects of the Responsible.

 

  1. Attention to doubts, complaints, and clarifications.

 

  1. Preparation of service quality surveys.

 

  1. Design, development, analysis, advertising and/or promotion of new products and services.

 

  1. Know the opinion, satisfaction, and experience of the Holder by means of Quality Standards compliance.

 

  1. In the event of breach of any legal and/or contractual obligations on the Holder’s part, related to payments or illicit conducts.

 

 

  1. Secondary. Not necessary for the existence and fulfillment of the legal relationship formalized between the Responsible and the Holder, however they are complementary and important because they allow and facilitate granting better service and attention, such as:

 

  1. Send communications related to offers, promotional messages, marketing communications, advertising, and commercial prospecting purposes.

 

 

  1. Follow up on the request to contract a service offered by the Responsible to the Holder.

 

  1. Invite to events, conferences or workshops that are intended to publicize various services that the Responsible offers.

 

  1. Generate statistical information related to the services offered by the Responsible.

 

 

DISCLOSURE OR USE LIMITATION FOR PERSONAL DATA PROCESSING

 

To guarantee the protection of the Holder’s Personal Data and limit their unauthorized disclosure or use, ISATEL Group has implemented administrative, physical, and technical security measures, as well as internal privacy policies and programs, and various security controls, to prevent disclosure of your Personal Data.

 

Your Personal Data will be processed as strictly confidential, so that the obtaining, transfer, and application of the rights derived from them, will be in accordance with adequate and legitimate use criteria, and permanently safeguarding the principles of legality, consent, information, quality, justification, loyalty, proportionality, and responsibility.

 

 

RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION OR OPPOSITION (ARCO RIGHTS)

 

The “ARCO” rights refer to the rights of Access, Rectification, Cancellation and Opposition that every Holder has to safeguard his/hers Personal Data. The Holder has the right to access their Personal Data held by the Responsible and the know the details of their Processing, to rectify and modify them if they are inaccurate, to cancel them when he/she considers that they are excessive or unnecessary for the purposes that justified their obtaining, or to oppose the processing of the data for specific purposes.

 

 

To request the application of any of the ARCO rights, the Holder can contact the Responsible Personal Data Department, by email at isatel@isatel.mx, or at the following address: Obrero Mundial 202, Del Valle, 03100, Benito Juárez, Mexico City.

 

 

The Responsible will send the Holder by the same means, an application form with instructions to be filled out, which must contain at least the following information regarding the Holder:

 

  1. Full name and address, email, or other means to communicate the response to the request.
  2. Scanned copy of the official document with which the Holder proves his/her identity, or in case the procedure is not carried out directly by the Holder, a power of attorney or the documents that give legal representation to his/hers representative.
  3. Indicate the requested right (Access, Rectification, Cancellation and Opposition).
  4. The clear and precise description of the Personal Data regarding the ARCO rights request.
  5. Any other element, information or document that facilitates the location of his/hers Personal Data.
  6. In the case of requests for Rectification of Personal Data, the Holder must indicate the modifications to be made and provide the documentation that supports his/her request.

 

The Responsible will notify and respond the Holder by email or at the indicated address, within a period of no more than 20 business days from the date the request was received.

 

For an Opposition request, the Holder will always have the right to oppose the processing of his/hers Personal Data for legitimate reasons. If appropriate, the Responsible will not be able to process them.

 

The Opposition will not proceed in those cases in which the processing is necessary for the fulfillment of a legal obligation contracted between the Holder and the Responsible.

 

 

The Responsible may deny access, rectification, cancelation, or opposition of Personal Data processing, in the following cases:

 

 

  • When the applicant is not the Holder, or the legal representative is not duly accredited.
  • When the Personal Data is not found in the Responsible database.
  • When the rights of a third party are injured.
  • When there is a legal impediment or the resolution of a competent authority that restricts Access, Rectification, Cancellation or Opposition of Personal Data.
  • When the Access, Rectification, Cancellation or Opposition have been made previously, and there are no changes in the conditions of the Personal Data held by the Responsible.

 

 

 

The exercise of any of the ARCO rights does not limit the exercise of any other right.

 

 

In the event of refusal to a request of ARCO rights, the Responsible will duly inform the Holder or the legal representative of the reason for the decision, within times and by the means indicated above.

 

If the Holder feels dissatisfied by the response issued by the Responsible, or he/she considers that his/hers ARCO rights have been injured, the Holder has the action of protection of rights or complaint, as appropriate, provided and attended by the Mexican Institute of Transparency, Access to Information, and Protection of Personal Data (“INAI”).

 

 

TRANSFER OF PERSONAL DATA

 

ISATEL Group may transfer data within and outside the national territory, to third parties, including public or private organizations, institutions, companies, and entities, without the need for the Holder’s express or tacit consent, in the following cases:

 

 

  1. When the transfer is established in an international law or treaty.
  2. When the transfer is necessary for the medical prevention or diagnosis, the provision of health care, medical treatment, or the management of health services.
  3. When the transfer is made to holding companies, subsidiaries, or affiliates under the common management of the Responsible, to a parent company, or to any company of the same group of the Responsible, that operates under identical internal processes and policies.
  4. When the transfer is necessary due to a contract entered into or to be entered into following the interest of the Holder, between the Responsible and a third party.
  5. When the transfer is necessary or legally required to safeguard the public interest, or for justice administration.
  6. When any authority, federal, state and/or municipal government office, in the exercise of its functions, requests the Holder’s Personal Data as part of a legal process, or in a specific case, by court order.
  7. In terms of what is established by article 37 of the Law, or in any other case of exception provided by the applicable laws, as long as the Personal Data processing complies with this Privacy Notice.

 

  1. When the transfer is necessary for the recognition, exercise, or defense of a right in a judicial or extrajudicial process, or for public order functions.

 

  1. In the event of breach of any legal and/or contractual Holder’s obligations, regarding payments or due to situations that may represent or be considered fraud or comparable illegal conduct. In this case, the Responsible itself, or through external collection offices, lawyers and/or authorized third parties, will use the Holder’s information, and may carry out the collection of payments (extrajudicially or judicially).

 

  1. When the transfer is necessary for the maintenance or fulfillment of a legal relationship between the Responsible and the Holder.

 

Third parties and entities receiving Personal Data assume the same obligations and/or responsibilities of ISATEL Group, in accordance with what is described in this Privacy Notice.

 

 

PRESERVATION AND SECURITY OF PERSONAL DATA

 

The Responsible will keep the Personal Data as long as is necessary to process the requests for services offered, to comply with the legal relationship that may be held between the Holder and the Responsible, as well as to maintain the corresponding records in terms of the Law and its Regulations, and the other applicable provisions.

 

 

Personal Data processed by the Responsible will be protected by appropriate administrative, technical, and physical security measures against damage, loss, alteration, destruction, use, access, or unauthorized processing, in accordance with the Law and other regulations issued by the competent authorities.

 

 

 

COOKIES, IP ADDRESSES AND/OR ONLINE SECURITY PROTOCOL

 

The Responsible uses various technologies and cyber tools to improve the efficiency of its website, including the user experience when browsing such websites or using its network. These technologies include the use of “cookies”, which are small amounts of information that are stored in the user’s browser, so that the server remembers certain information that can be used later.

 

 

This information allows the Responsible to identify the user and save his/her personal preferences to provide him/her with a better browsing experience. The Responsible’s websites and applications can use different types of cookies (preferences, performance, advertising, among others), web beacons and other tracking technologies, both its own and property of third parties, that fulfill the purposes reported in this Privacy Notice.

 

 

We remind you that you can disable or adjust the use of cookies by following the procedure of your internet browser, and we inform you that no Personal Data are collected by this means, in terms of what the Law establishes.

 

 

 

EXCLUSION OF LIABILITY

 

The Responsible website may contain links, hyperlinks or hypertexts, banners, buttons, and other internet search tools, which when used by the Holder redirect him/her to other portals or websites that may be owned by third parties. The Responsible does not manage said websites, nor is responsible for the privacy notices that they display, or the absence of them.

 

Personal Data that the Holder provides, in portals or websites other than www.isatel.mx, are the sole and exclusive responsibility of the Holder and the third parties that own said sites.

 

 

 

 

 

MODIFICATIONS TO THE PRIVACY NOTICE

 

The Responsible reserves the right to modify the content of this Privacy Notice at any time. Any change in the Privacy Notice will be published and informed to the Holder on the website www.isatel.mx. The validity of any modification to the Privacy Notice will be immediately at the time of its publication.

 

 

The Holder is recommended and/or required to consult the Privacy Notice, at least every six months, to be updated regarding its scope, as well as its terms and conditions.

 

 

 

CONSENT FOR THE PROCESSING OF PERSONAL DATA

 

The Holder declares that he/she has read, understood, and accepted the terms set out in this Privacy Notice, which constitutes free, specific, unequivocal, and informed consent for processing his /her Personal Data, including its changes and updates that may occur, in compliance with the Law, its Regulations and the specific guidelines on the matter.