PRIVACY NOTICE

 

CUESTA CAMPOS Y ASOCIADOS S.C. (“CC” OR THE “RESPONSIBLE”), WITH ADDRESS AT AV. UNIVERSIDAD 604, TORRE PLATA, PISOS 1 AND 3, ZAPOPAN, JALISCO C.P. 45116, MEXICO; MAKES AVAILABLE THIS PRIVACY NOTICE, IN ORDER TO DISCLOSE ITS PRACTICES WHEN OBTAINING, USING, STORING AND, IN GENERAL, PROCESSING THE PERSONAL DATA IT COLLECTS FROM ANY INDIVIDUAL AND/OR LEGAL ENTITY (THE “HOLDER(S)”), IN ACCORDANCE WITH THE FEDERAL LAW FOR THE PROTECTION OF PERSONAL DATA IN POSSESSION OF INDIVIDUALS (LEY FEDERAL DE PROTECCIÓN DE DATOS PERSONALES EN POSESIÓN DE LOS PARTICULARES)(THE “LAW”), ITS REGULATIONS AND THE GUIDELINES OF THE PRIVACY NOTICE.



  1. Personal data that CC collects

 

CC collects personal data from the Holders only when the holder provides them directly to us, either when contacting us through our website www.cuestacampos.com; when filling out forms or surveys; when registering as a client of our firm; when applying for a position or employment; when sending their resume; when requesting billing for contracted services; among others.

 

The data that CC obtains by the means described above are: (i) full name, (ii) home address, (iii) date of birth, (iv) nationality, (v) citizenship ID Number (CURP by its acronym in Spanish), (vi) taxpayers registry number (RFC by its acronym in Spanish), (vii) social security number, (viii) mobile or landline phone number(s), (ix) email, (x) birth certificate, if applicable, (xi) marriage certificate, (xii) copy of official ID and (xiii) copy of proof of address.

 

Likewise, in order to comply with the contractual relationship between the Data Controller and the Responsible party, and due to the fact that most of our clients are legal entities, CC may collect personal data related to: (i) founders or representatives in the incorporation of legal entities; (ii) attorneys-in-fact, (iii) controlling beneficiary data, as such concept is established in the Federal Fiscal Code; (iv) shareholders/partners; (v) employees; (vi) officers; (vii) members of the Board of Directors / Sole Administrator, (vi) individuals with whom CC has professional relationship, and (vi) other individuals to attend to the compliance of “know your customer” and compliance policies of identification of controlling beneficiary. Such personal data will be required to properly provide our legal services and, where appropriate, to submit certain information and documentation required by the authorities.

 

For billing information, we require the name of the entity to be charged, fiscal address and also RFC.

 

CC does not collect sensitive personal data from the Data Holders through its website. During the provision of legal services, if it is necessary to obtain sensitive personal data, the corresponding Privacy Notice will be delivered to the respective Holder, specifying the use of sensitive personal data to obtain the express consent of the Holder.

 

  1. Purposes and/or use of the data collected

 

Primary purposes

 

  1. Customers

The treatment that the Responsible will give to your personal data will have the purpose of making possible the integral development of the particular relationship that the Holder has decided to establish with CC related to the provision of our legal services. 

 

The purposes for which CC collects personal data from the Holders are the following:

 

  1. To comply with the obligations arising from the contractual relationship that the Holder has with CC, in accordance with the applicable laws and regulations.

 

  1. Share information with the Holders about our services, conditions and quotations.

 

  1. Establish communications and share the information required by the Holders in accordance with the legal services requested.

 

  1. Collect payment for our services.

 

  1. With respect to individuals who may be shareholders/partners, legal representatives, members of the Board of Directors or Sole Administrators of the legal entities that are our clients, their personal data will be processed to comply with the laws and regulations applicable to the submission of information and documentation required before the authorities.

 

  1. Information that is necessary as part of legal advisory services, such as: collection of information required by authorities, attention to governmental procedures, estate advice, among others.

 

  1. Suppliers or providers of goods and/or services

To comply with the obligations arising from the contractual relationship that the Holder has with CC, in accordance with applicable laws and regulations.

 

Secondary purposes

 

To send you information about periodical publications (newsletters), as well as to allow your participation in events and interaction in social media.

 

The processing of personal data will be that which is necessary, appropriate and relevant based on the purposes set forth in this Privacy Notice.

 

  1. Transfers

 

CC does not transfer the personal data of the Holders to third parties outside CC. In any case, the Holder will be notified in the event that their personal data should be transferred to third parties including, but not limited to national or foreign judicial, administrative, financial, tax, social security, labor, or any other authorities. 

 

  1. Forwardings

The personal data obtained from the Holders may be forwarded to CC service providers such as experts, notaries public, brokers, tax advisors or any other private or public official required to complement the services provided by the Responsible Party.

 

  1. Security and Confidentiality of the Personal Data of the Holder

 

CC adopts several security measures to safeguard the personal data of the Holder, such as restricted access of the personnel to the physical and electronic databases, secure connections, physical and electronic security systems, confidentiality commitments fulfilled by the personnel who have access to sensitive personal data, confidentiality and responsibility contracts and agreements with third parties who receive their personal data due to transfers and/or forwarding necessary or related to the purposes indicated in this Notice. Likewise, such personal data may not be disclosed to third parties, unless authorized by the Holder. 

  1. Data Subject's Protection Rights

 

At any time, the Data Subject or his/her legal representative shall be entitled to demand his/her rights of Access, Rectification, Cancellation and/or Opposition (“ARCO”) of the personal data. Among such ARCO rights, you have the right to access your personal data in our possession and the details of their processing, as well as to rectify them in case they are inaccurate or instruct us to cancel them when you consider that they are excessive or unnecessary for the purposes that justified their collection, or to oppose their processing for specific purposes. The exercise of one right does not prevent the exercise of the rest.

 

In order to exercise any of the ARCO rights, the Holder must send to CC his/her request to the following email privacy@cuestacampos.com, this email is also enabled for Data Subjects to submit to CC any doubts or complaints related to their privacy rights.

 

The request must contain the following information: (i) name, (ii) address and e-mail address of the Holder, (iii) clear and precise description of the personal data in respect of which the Holder seeks to exercise the rights of Access, Rectification, Cancellation and/or Opposition, (iv) specific purpose of the request and (v) any element that facilitates the location of the data. The Holder must attach a copy of his/her identification and, if applicable, the document evidencing the designation of the legal representative of the Data Subject.

 

In accordance with the Law and its Regulations, CC will respond within a period of no more than 20 (twenty) business days from the day the request was received. The response will be notified to the address or e-mail address indicated in the request.

 

Likewise, the Holder may at any time revoke the consent granted to CC for the processing of his/her personal data, in such a way that the use of such data ceases. To do so, he/she must submit a request in the terms mentioned for the exercise of the ARCO Rights, following the same procedure. 

 

In the event that the Holder considers that his/her right to the protection of his/her personal data has been violated by CC, such Holder has the right to appeal to the National Institute for Transparency, Access to Information and Protection of Personal Data (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales)(“INAI”) under the terms set forth in the Law and its Regulations.

 

  1. Security Measures

 

The Personal Data of the Holders will be treated under the strictest confidentiality, taking care of the security, technical, technological, administrative and physical measures established in the Law, its Regulations and the Guidelines.

 

  1. Additional Means to Limit the Use or Disclosure of Personal Data

 

In order for the Holders to limit the use and disclosure of their personal data (for example, to stop receiving messages, newsletters or publications by e-mail), we inform you that, in addition to the security measures that CC has in place, the Holders may send an e-mail to the following address: privacy@cuestacampos.com to request the Responsible party to limit the use and/or disclosure of their personal data. 

 

In addition to the above, the Holder will have at its disposal the registration in the Public Registry to Avoid Advertising that is in charge of the Federal Consumer Protection Agency (Procuraduría Federal del Consumidor)(PROFECO) in order that their data is not used to receive advertising or promotions of goods or service companies. For more information about this Registry you may consult the PROFECO's website or contact said agency.

  1. Use of Cookies

 

When using our website or profiles on social networks, we use cookies (computer tool that allows the Internet server to remember some user data) and web beacons (images inserted on the web to monitor the behavior of a visitor on a web page). Through these sources we obtain the following information from visitors: type of web browser and operating system, web pages you visit, links you follow, IP address, site you visited before entering our site. Cookies and web beacons, as well as other technologies, can be disabled and you only have to enter the corresponding option determined by your web browser. For more information, please send us an email to: privacy@cuestacampos.com 

 

  1. Modifications

 

CC reserves the right to modify, update or restate part or all of this Privacy Notice at any time. The new version of the Notice will be posted on (i) our website: www.cuestacampos.com, (b) any other official CC media, and (ii) in conspicuous places within CC facilities.

 

The modifications will become effective the day after the new version is posted. 

 

For proper identification, each version shall contain the date on which it was last updated. 

 

  1. Personal Data, IT and Cybersecurity Office

 

For any doubt or clarification, as well as for the exercise of your ARCO Rights, please contact the Personal Data, IT and Cybersecurity Office, at +52 (33) 36300580 with office hours from Monday to Thursday from 9:00 a.m. to 7:00 p.m., and Friday from 9:00 a.m. to 3:00 p.m., or you may also contact CC by e-mail: privacy@cuestacampos.com or at the address of CC indicated in the preamble of this Privacy Notice. Also, in case of any concerns or complaints, the Holders  may consult the website of the National Institute for Transparency, Access to Information and Protection of Personal Data (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales)(“INAI”) at www.inai.org.mx. 

Date of Update of this Privacy Notice. February 2024.