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Comprehensive Privacy Notice

Comprehensive Privacy Notice

  

Inglés: Based on the regulations set by the "Federal Law on the Protection of Personal Data Held by Private Parties" (LAW) and its "Regulations" (REGULATION), as well as the guidelines for Privacy Notices published in the Official Gazette of the Federation and the short video surveillance privacy notice model issued by the Ministry of Anti-Corruption and Good Governance; "HERNANDEZ, GODINEZ & MARTÍNEZ ABOGADOS" S.C. (THE CONTROLLER), commercially known as "HG ABOGADOS", located at Buenos Aires 2322, Guadalajara, Jalisco, CP 44630, hereby provides the general public with the terms of the Comprehensive Privacy Notice

  • Party Responsible for Personal Data.

 

The entity responsible for the receipt, handling, and safeguarding of the information will be"HG ABOGADOS"”, Information that will be used based on the processing and purposes set forth throughout this Privacy Notice. The obligation to safeguard the information may be shared when contemplated in negotiations with third parties and duly regulated through a private instrument that supports it, in order to comply with any potential contractual and commercial obligations and to provide a better service deemed necessary by the controller.

  • Personal Data Collected.

 

“HG ABOGADOS” shall collect, if necessary, from individuals, clients, external collaborators, suppliers, and service providers the following personal information: contact details, name, nationality, place of birth, marital status, age, address, telephone number, email address, Federal Taxpayer Registry (RFC), Unique Population Registry Code (CURP), copy of official identification, handwritten signature, photographs via copies of official IDs, financial information, asset information, and any other type of information necessary to perform the services requested from this firm.

Likewise, “HG ABOGADOS” will request from its employees, commissioned agents, and individuals with whom it maintains a direct employment relationship the following data: name, date of birth, place of birth, home address, telephone number, email address, Unique Population Registry Code (CURP), Federal Taxpayers Registry (RFC), marital status, criminal records, birth certificate, proof of address, letters of recommendation, level of education and academic background, professional degree, handwritten signature, Social Security number, INFONAVIT credit number, driver’s license, and photographs through copies of official identification documents.

The data specified in the two preceding paragraphs are provided for communication purposes; therefore, the Data Subject is not obligated to provide all the data mentioned, nor is the Data Controller obligated to collect them, as this will depend on each specific act, event, situation, or circumstance carried out with the holder of personal information.

Any information provided by the data subject regarding third parties’ personal data as reference or contact details shall be subject to the information protection measures of “HG ABOGADOS”, which undertakes not to disclose or transfer such information and to process it in accordance with this privacy notice; however, the person who provides such information shall not be exempt from responsibility.

  • Purpose of the Use of Information.

 

Through this Privacy Notice, “HG ABOGADOS” declares that the personal data requested and collected will have the purpose of: identifying the data subject; providing information about the services we offer; sending all our advertising, promotions, and additional information; conducting quality control surveys; evaluating prospective clients and/or external collaborators and/or suppliers; compiling the file of the prospective client and/or external collaborator and/or supplier; complying with tax or commercial obligations; communicating with the data subject; and entering into contracts or agreements with the data subject.

The personal data requested by “HG ABOGADOS” from our employees and commissioned agents will have the purpose of identifying the candidate collaborator, assessing the candidate collaborator to be hired, providing proper attention and treatment to the collaborator, compiling the candidate collaborator’s information file for future inquiries and background checks, complying with obligations before the authorities in tax and/or social security matters, and preparing contracts.

 

  • Confidentiality and Limitations.

 

“HG ABOGADOS” guarantees, through all administrative, technical, and physical security measures, the protection of your information, providing strict protection and confidentiality at all times through the implementation of security measures and information control, as well as what is contractually stipulated, subject to the parameters of the LEY and its REGLAMENTO and other applicable regulations. In addition, “HG ABOGADOS” will manage and safeguard the personal data obtained through databases, which are managed solely and exclusively by the persons designated for such purposes, restricting all access by unauthorized persons and, under no circumstances, will it sell, rent, or otherwise dispose of information related to your personal data, nor will it share, transmit, or transfer it without the data subject’s consent. The databases are protected at all times by computer security systems in order to restrict access to or processing of the information by external persons and/or unauthorized third parties.

If the data subject wishes to limit the use or disclosure of their personal data, in relation to one or more of the formalities of personal data processing, they may submit the corresponding request in accordance with the procedure set forth in the ARCO Rights section of this Privacy Notice.

  • Cookie Use.

The website www.hg-abogados.com uses cookies (text files that are automatically downloaded and stored on the electronic device through which you access the site) to recognize returning users and track their usage behavior on our website. Cookies do not damage your files or allow anyone to access your personal data; they simply allow us to personalize the information so you can enjoy your visits to our site more. The purpose of using cookies is to monitor the behavior of people who visit our website, such as storing information about your IP address, the length of time you interact with our site, and the type of browser used.

  • Transfer of Personal Data.

 

“HG ABOGADOS” will transfer your personal data to third parties with whom it has a contractual relationship related to its business activities and for the fulfillment of contractual or commercial obligations, including third parties hired to assist in providing the services offered by the Firm, the storage/hosting of databases in order to provide you with ongoing information about the services offered as well as general legal information of interest to you (such transfers are temporary and restrict the use of the information), and marketing and advertising providers who will render temporary mailing services.

Regarding any other transfer of data, “HG ABOGADOS” will obtain your express consent. Likewise, we inform you that such third parties assume the same obligations and responsibilities with respect to your personal data under this Privacy Notice and the personal data protection principles set forth in the LEY and its REGLAMENTO. The data subject’s consent shall not be required when, in compliance with a law, the information must be transferred to an authority, as well as when a contractual relationship exists and it is the responsible party’s obligation to transmit the information in order to comply with any of the contracts entered into with the data subject.

  • Questions and Complaints Support.

 

“HG ABOGADOS” has its office located at calle Buenos Aires 2322, colonia Providencia Segunda Sección, Guadalajara, Jalisco, C.P. 44630, email address: contacto@hg-abogados.com for the handling of questions or complaints, as well as for purposes of revocation and refusal of consent and for follow-up on the ARCO Rights procedure in favor of the personal data subject.

The service days and hours will be Monday through Friday from 09:00 to 14:00, at the address set forth in the immediately preceding paragraph.

  • ARCO Rights (Access, Rectification, Cancellation and Opposition).

 

The data subject, either personally or through a duly accredited legal representative, may initiate the ARCO rights procedure in order to request proper attention to their personal data, as well as to request the cessation of the use of their information. We undertake to process the procedure in accordance with the provisions of the LEY and its REGLAMENTO, and it may be carried out in writing at the address indicated in this Privacy Notice under the section for questions and complaints, as well as by email to the account indicated herein.

The ARCO rights procedure is duly explained in the document we have titled the ARCO Rights module, which is made available to you on the website www.hg-abogados.com and/or in physical form at our address, or upon request via email. This module may be requested by the data subject if required, either physically or electronically, provided that you have a relationship with “HG ABOGADOS”.

We inform you that, once all the avenues we make available to you have been exhausted and you have not received a satisfactory response, you may initiate the Rights Protection Procedure before the Secretariat for Anti-Corruption and Good Government, whose electronic link is https://www.gob.mx/buengobierno , within 15 days following the receipt of the response or the lack of response to your request.

  • Consent Statement.

 

In order for “HG ABOGADOS” to process your personal data, you must grant us your express and/or implied acceptance, which will be carried out as follows:

Express Acceptance. – In accordance with the provisions of Section 8 of the Law, you will be deemed to have provided your express consent to the processing of your personal data when you state your will verbally, in writing, by electronic or optical means, or through any other technology.

When personal data are obtained directly from the data subject, “HG ABOGADOS” will make this Privacy Notice available to you prior to collecting such personal data, in a clear and reliable manner, through the forms and means indicated in this Privacy Notice. In addition, “HG ABOGADOS” will obtain the data subject’s consent to subject such data to the processing purposes established in this Privacy Notice.

Implied Acceptance.- In accordance with Article 8 of the Law, the content of this Privacy Notice and everything related thereto will be made available to the data subject through any of the means established in this Privacy Notice, and if you do not express your refusal to the processing of your personal data within a period of 05 (five) days counted from the time “HG ABOGADOS” makes this Privacy Notice or its amendments available to you, it shall be understood that you grant your implied consent for us to process your personal data based on the processing purposes set forth in this Privacy Notice.

Retroactive Acceptance.- For all our clients, users, service providers, external collaborators, suppliers and/or data subjects who, prior to the publication of this Privacy Notice, have provided us with personal data, this Privacy Notice will be made available to them in accordance with the provisions set forth in the preceding sections, so that they may grant or deny their consent, allowing us to continue—or not—to process personal data based on the processing purposes established in this Privacy Notice. It is understood that if no objection to its content is expressed within 05 days from the time it is made available to you, you tacitly grant your consent for us to process your personal data pursuant to this Privacy Notice.

“HG ABOGADOS” will make this Privacy Notice available to you through its website www.hg-abogados.com and/or via email contacto@hg-abogados.com and/or physically at the address indicated in the preceding sections, with the primary purpose of ensuring that you are informed of its content and that you may grant and/or deny your consent.

  • Revocation of Consent.

 

Revocation of consent for the handling of information will proceed when you request it, provided that you prove you are the data subject and that it is legally feasible to do so. If there is an ongoing contractual relationship or a pending obligation to be fulfilled, the revocation will be subject to the contract that gave rise to the legal relationship, in accordance with the provisions of Article 16, section II of the Law, and Articles 14, 30, 40, 41, and 42 of the Regulations.

You may revoke your consent after the 5 (five) days granted to you to express your refusal to the processing of the information. You may submit the revocation at any of our agency offices by filing a written request expressly stating your name and the following wording: “By means of this written request, I (name of the data subject) appear to request that the legal entity HERNANDEZ, GODINEZ & MARTÍNEZ ABOGADOS, S.C. revoke my consent for the processing of my personal data”, including the reason for revocation and the approximate date on which the personal data were transferred, the legal or commercial relationship that exists or existed with the company, your email address or domicile to notify you of the response to your request, the date of the request, your handwritten signature, and a copy of your official identification. All these requirements are requested in order to certify and verify that the request is issued in a verifiable manner in relation to the data subject or applicant.

  • Exclusion / Opt-out List.

 

“HG ABOGADOS”  "There will be an information exclusion list where all information that the data subject wishes to be excluded from processing will be placed and stored. To proceed with such storage, it is necessary to submit a written request expressly mentioning your name and the following statement." "Through this document, I (name of the data subject) hereby request the legal entity HERNANDEZ, GODINEZ & MARTÍNEZ ABOGADOS, S.C. to exclude my information regarding: (list or specify the type of data and information you wish to exclude from our processing) in relation to the processing of my personal data.", the approximate date on which the personal data were transferred, the legal or commercial relationship that exists or existed with the company, your email address or physical address to notify you of the response to your request, the date of the request, handwritten signature, and a copy of your official identification.

We inform you that, even if the processing of the information is excluded, the controller is obligated to retain all data when it concerns accounting information for 5 to 10 years, as provided in Article 30 of the Federal Tax Code, and in the case of commercial information for 10 years, as provided in Article 46 of the Commercial Code. Once that period has elapsed, the information may be fully deleted and destroyed.

  • Update and modification of the Privacy Notice.

 

This Privacy Notice may be modified at any time, and notification will be made through the website. www.hg-abogados.com The last update made, so that data subjects can request the update carried out in accordance with the provisions in the "Questions and Complaints" section of this Privacy Notice. 

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