PRIVACY NOTICE

 

The company providing the services of technology, that has been incorporated under the corporate name of Katun Tech S.A.P.I. de C.V., with domicile for service of notices located in Gabriel Mancera Eje 2 Poniente #1015, Depto. 101 piso 1, Colonia Del Valle, Benito Juárez, Ciudad de México, México, CP.03100, is responsible for collecting, keeping and protecting your personal data, which you, as Titleholder, hereby provide voluntarily, personally and directly, when (i) requires information about our products and services, (ii) you provide your data for purposes of any benefit or report, and (iii) through any other mean allowed under the law that applies to this specific case.

The information collected from you may be merged to assist us in diverse processes of the corporation.

The personal data that will be collected, and which is subject to this processing, are:

 

  • Identification data
  • Patrimonial data
  • Academic data
  • Labor data and references
  • Personal references.
  • The sensitive data that will be collected, and which is subject to this processing, are:
  • Health data
  • Physical features
  • Personal characteristics
  • Ideological data
  • Data of origin

 

The personal data that we may obtain shall be treated in confidential manner by the Responsible Party, in compliance with Article 16 of the Constitution and Articles 1, 2 and 30 of the Federal Personal Data Protection Law (Federal de Protección de Datos Personales en Posesión de los Particulares), in order to guarantee the protection and privacy of personal data, as well as to regulate the access, correction, cancellation and objection in the processing of such data.

 

DEFINED TERMS.

 

For purposes of this Privacy Notice, the following terms shall have the meanings ascribed to them below, on the understanding that, except when otherwise defined in this Privacy Notice, the terms used in this instrument and not expressly defined herein shall have the meaning ascribed to them in the Federal Personal Data Protection Law:

 

  • “Personal Data” Any information concerning an individual, which purpose is to be used for Katun Tech S.A.P.I. de C.V.
  • “Sensitive Personal Data” Any information concerning an individual, which purpose is to be used for Katun Tech S.A.P.I. de C.V.
  • “Personal Data of Third Parties” For personal data of third parties you may provide to us, you shall obtain the prior consent from the titleholder of such data and inform such titleholder the site where the privacy notice may be found and consulted.
  • “ARCO Rights” mean the rights of access, correction, cancellation and objection that, pursuant to the provisions of the Federal Personal Data Protection Law, and subject to the exceptions set forth therein and in this Privacy Notice, each Titleholder has in relation to the Personal Data collected by the Responsible Party and/or its Persons in Charge, as described hereinbelow:
    • “Access Right” Is the right of the Titleholder to know the Personal Data related to his/her person in possession of the Responsible Party in question or its Persons in Charge; likewise, to those that such data has been shared and for which purpose.
    • “Correction Right” Each Titleholder has the right that his/her Personal Data be corrected whenever such data is inaccurate or incomplete.
    • “Cancellation Right” Each Titleholder has the right to request, at any time, the elimination of his/her Personal Data, which shall take place once the blocking period elapses. Blocking implies the identification and preservation of Personal Data once the purpose for which such data has been collected is attained, and its purpose is to ascertain any potential liabilities about the handling of such data until the legal or contractual statute of limitations thereof elapses. During such period, your Personal Data shall not be the subject-matter of any handling, and once said period elapses, its cancellation shall be made in the pertinent database or file. Once the pertinent data has been canceled, the Responsible Party shall give the proper notice to the Titleholder.
    • “Right of Objection” The Titleholder has, at all times, the right to request the Responsible Party to cease to process his/her Personal Data, provided, however, such titleholder has a legitimate cause thereof.
    • “Responsible Party” Means the individual or legal entity that adopts a decision on the handling of the Personal Data of the Titleholder, in this case, Katun Tech S.A.P.I. de C.V.
    • “Person in Charge” means the individual or legal entity that, individually or jointly with other persons, processes Personal Data on account of the Responsible Party
    •  “Titleholder” means either the individual or legal entity titleholder of the Personal Data or authorized to deliver Personal Data to a third party, pursuant to the applicable laws, that delivers such Personal Data to the Responsible Party.

 

CONSENT FROM THE TITLEHOLDER.

 

For purposes of the provisions of Article 17 of the Federal Personal Data Protection Law, the Titleholder states that (i) this Privacy Notice has been informed to such Titleholder by the Responsible Party, (ii) that such Titleholder has read, understood and accepted the terms expressed in this Privacy Notice and, thus, such titleholder grants his/her consent with respect to the processing of their Personal Data for purposes of the Federal Personal Data Protection Law and other applicable legislation. In case the Personal Data collected include sensitive or financial Personal Data, by executing the pertinent agreement, whether in printed form or using electronic means and the pertinent processes to complete the consent, for example, by way of enumeration but not limitation, by supplying Personal Data through dialogue windows or by visualizing and displaying the terms and conditions on the screen, there will be carried out acts that constitute the express consent from the titleholder, within the meaning of the second paragraph of Article 8 of the Federal Personal Data Protection Law and other applicable legislation.

 

In case the Titleholder does not object the terms of this Privacy Notice within 30 days following the date such notice was made available to such titleholder, it shall be deemed that such titleholder has accepted and consented the contents thereof, within the meaning of the third paragraph of Article 8 of the Federal Personal Data Protection Law. The consent from the Titleholder may be revoked at any time by the latter, but it shall not have any retroactive effects within the meaning and according to the procedures set forth hereinbelow to this end under this Privacy Notice.

 

Notwithstanding any provision in this Privacy Notice to the contrary, the Titleholder acknowledges that his/her consent shall not be required for the processing of the Personal Data by the Responsible Party or by third parties in any of the cases set forth in Article 10 of the Federal Personal Data Protection Law.

 

PURPOSE OF PERSONAL DATA.

 

The purpose of this Privacy Notice is to establish the terms and conditions under which Katun Tech S.A.P.I. de C.V., or the Persons in Charge that the latter may appoint: (i) will receive and protect the Personal Data of Titleholders in order to protect their privacy and their right to informative self-determination, in compliance with the provisions of the Federal Data Protection Law; (ii) and will use the Personal Data of the Titleholder in order to register the latter as a prospective employee or an employee.

 

The Responsible Party shall collect and treat the Personal Data of the Titleholder; this is, the information that may reasonably identify the titleholder, through the reception of documents, whether printed and/or in digital form. The following are examples, by way of enumeration but not limitation, of the information that the Responsible Party may collect: name and surnames; date of birth; domicile; email address; phone number; Federal Taxpayers' Identification Code (RFC); proof of address; inter alia. The collection of Personal Data will be made when the Responsible Party is making the registration and shall be voluntarily supplied by the user.

 

WITHHOLDING AND SAFETY OF PERSONAL DATA.

 

The Responsible Party and/or its Persons in Charge shall maintain the Personal Data of the Titleholder during the time required to process his/her information requests, products and/or services, as well as to maintain the accounting, financial and auditing records within the meaning of the Federal Personal Data Protection Law and of the commercial, tax and administrative legislation in force. The Personal Data of the Titleholder collected by the Responsible Party and/or its Persons in Charge shall be protected according to proper safety, administrative, technical and physical measures against damages, loss, modification, destruction or use, non-authorized access or processing, according to the provisions of the Federal Personal Data Protection Law and of the administrative regulations derived therefrom. The above notwithstanding, Katun Tech S.A.P.I. de C.V., does not guarantee that non-authorized third parties will not access the physical or logical systems of the Titleholders or the Responsible Party or the electronic documents and files stored in their systems. Therefore, Katun Tech S.A.P.I. de C.V., shall not be liable, in any case, of actual and consequential damages that could arise from such non-authorized access.

 

PROCEDURE TO EXERCISE ARCO RIGHTS.

 

In order to exercise the ARCO rights, the Titleholder or his/her/its representative shall submit a request for access, correction, cancellation or objection, with the following information and documentation:

 

  • Name of Titleholder and address or other means to communicate the answer to the titleholder's request;
  • Documents evidencing their identity (unofficial copy, in printed or electronic form, of its articles of incorporation, voters' identification card, passport or FM-3) or, if applicable, the legal representation of the Titleholder (unofficial copy of the printed or electronic form of an unofficial power of attorney with the autograph signature of the Titleholder, the representative and their pertinent official identification cards – voters' identification card, passport or FM-3);
  • A clear and accurate description of the Personal Data regarding which such titleholder seeks to exercise any of the ARCO Rights, and
  • Any other element or document that facilitates the location of the Personal Data of the Titleholder.
  • In the case of requests to correct Personal Data of the Titleholder, these requests shall also indicate the amendments to be made and provide the documentation supporting such request.

 

Regarding the reception, registration and service of requests filed to exercise your right regarding the access, correction, cancellation, and objection of your Personal Data, as well as to limit the use or disclosure of your data and other rights set forth in the Federal Personal Data Protection Law; please contact:

info@katun.tech

 

The Responsible Party or their Persons in Charge shall submit an answer to the Titleholder within a maximum term of twenty business days, starting as of the date when the request for the access, correction, cancellation or objection was received regarding the decision adopted so that, in case it is admissible, it may become effective within fifteen days following the date when the answer is communicated to the Titleholder. In the case of requests for the access to Personal Data, the Responsible Party or its Persons in Charge shall proceed to deliver it once the identity of the requester or its legal representative has been evidenced, as applicable. The terms above may be extended only according to the Federal Personal Data Protection Law.

 

The delivery of Personal Data shall be free of charge, and only the justified costs of shipping or the cost of reproduction in copies or other forms shall be paid. In case the Titleholder reiterates his/her request within a period of fewer than twelve months, such titleholder shall cover the pertinent costs, equivalent to 1.5 days of the Economic Reference in Pesos used in establishing the amount to pay governmental obligations (Unidad de Medida y Actualización or UMA), according to the Federal Personal Data Protection Law, unless significant amendments are made to the Privacy Notice which gives rise to new consultations.

 

For purposes of requests of cancellation of Personal Data, apart from the provisions of this Privacy Notice, the provisions of Article 26 of the Federal Personal Data Protection Law shall be observed, including the cases of exception of cancellation of Personal Data indicated therein.

 

The filing of a request of objection regarding the use of Personal Data by the Titleholder thereof shall entitle the Responsible Party to object the use of the Personal Data that, as Titleholder, has delivered to the objecting party.

 

CHANGES TO THE PRIVACY NOTICE.

 

Katun Tech S.A.P.I. de C.V., reserves the right to update this Privacy Notice from time to time in order to reflect changes in our practices regarding the information. The Titleholder is responsible for reviewing, from time to time, the contents of the Privacy Notice on the website info@katun.tech. The Responsible Party shall understand that, unless otherwise has been expressed, the Titleholder has read, understood and accepted the terms expressed therein, which constitutes his/her consent to the changes made to such updates regarding the handling of his/her Personal Data for purposes of the Federal Personal Data Protection Law and other applicable legislation.

 

Date of last update: August 20th, 2018

 

Any complaint or additional information with respect to the handling of your personal data or question in relation to the Law or the Regulations thereto, may be addressed to the National Institute for Transparency, Access to Information and Personal Data Protection (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales or INAI). For further information, visit the website www.inai.org.mx.