1. USE OF YOUR PERSONAL DATA
The privacy of your personal data is of the utmost importance to Diametral located at 64830 Monterrey, N.L., hereby appointing its legal department as the entity in charge of matters regarding personal data privacy.Federal laws protect your personal data from being used without your consent and proper authorization, therefore, in compliance with the provisions of the Federal Law of Protection of Personal Data Held by Individuals (Ley Federal de Protección de Datos Personales en Posesión de Particulare), its Regulation and the Guidelines of the Privacy Notice (Lineamientos del Aviso de Privacidad) (the “Legislation”), Diametral provides this comprehensive privacy notice (the “Notice”), the following document will describe: (i) which personal data is obtained, how and why it is used, as well as (ii) your faculty to exercise the rights of access, rectification, cancellation or opposition (“ARCO Rights”).For Diametral ,the gathering of information is necessary to carry out all the activities inherent to the provision of the services. Diametral has the legal obligation to comply with all the safety and legal measures that are deemed adequate to ensure the protection of the personal data gathered for the purposes described herein.The preceding is for the sole purpose that you have complete control and power of decision over your personal data. For this reason, we recommend that you carefully read the following information.
2. DEFINITION
Sabbath provides you with a list of all the definitions of those words that will be used throughout this Notice so that you may have the utmost clarity in terms of content:Notice: the present privacy notice. Diametral : Diametral ARCO Rights: your rights of access, rectification, cancellation, or opposition. IP Address: Internet protocol address. It is a numerical identifier used by a device when connecting to Internet, which is assigned by the Internet service provider at the time a user connects.Legislation: Federal Law of Protection of Personal Data Held by Individuals (Ley Federal de Protección de Datos Personales en Posesión de Particulare), its Regulation and the Guidelines of the Privacy Notice (Lineamientos del Aviso de Privacidad.Diametral Website: www.diametral.studio and/or any website used by Diametral .The terms defined in this section may be used both in singular and plural.
3. HOW IS YOUR PERSONAL DATA OBTAINED
Diametral obtains, stores, and handles your personal data due to the legal relationship with you, the services provided and/or received, as well as any request or contact that you make with Diametral .It is important that in case you provide personal data to Diametral ,such data belongs to you or you are the representative of its owner or person authorized to submit it.Likewise, it is equally important that the data provided by you is correct, complete, truthful, accurate and current so that the personal data can be handled efficiently and safely. Should there be any errors, or update requirement, we ask you to notify us as stipulated herein. Non-compliance with the preceding paragraph will impede Diametral from providing the required service and could result in the termination or suspension of the contracted services without any liability.In case any form should stipulate that the requested information is optional, the submission of it would be decided by you. These data shall be used to facilitate the provision of the service and to customize it better.
4. YOUR PERSONAL DATA
Among the data that Diametral obtains from its users, clients, suppliers, and/or any person related to the rendering of our services can be found in the following classification:Identification: full name, CURP, social security number, email, address, phone number, mobile number, signature, date of birth, age, nationality, gender, birth certificate, marriage certificate, ID, proof of address, among others; labor data, such as occupation, expertise, work address and position.Real Estate or financial: tax ID and tax information, banking data, account number, and credit bureau.Others: photos, recordings, voice notes and videos. Diametralwill only keep personal data during the period in which the services are provided to you, except as otherwise established in its policies and/or internal procedures according to the following section 5.Identification and patrimonial data are mandatory for Diametral to provide the services, thus, the lack of any data thereof will impede the proper conditions from being provided. For Diametral ,it is particularly important to count on with your current information. For it, you’re the only responsible to make sure that your personal data provided to Diametral is truthful and you´re responsible to communicate any of its modification.In case that you proportioned personal data from third parties, you guarantee and are responsible that the corresponding third party accepted such transference.
5. USE OF PERSONAL DATA
Diametral ,the care and treatment of your personal data provided shall be only for the compliance of the following purposes, in accordance with this Privacy Note and the Legislation:ESENTIALS The personal data provided by any means may be used to: (i) perform the object of the legal relationship that originated the delivery of the data, (ii) perform the cost quotation of the legal services required, (iii) provide attention and assessment to your specific needs, (iv) elaborate the legal instruments required in the practice areas of the firm, (vi) provide our partners, associates, employees, professionals, notaries and public brokers (corredores públicos) the necessary information for the development of our activities, as the case may be (vii) verify and certify the information provided for the purposes of security for the owner as well as for Diametral. NON ESENTIALS Conversely, the firm shall give the correspondent treatment for the performance of the following administrative, management and improvement purposes of the firm: (i) communication management in transactions, (ii) solve information requests for potential clients, (iii) respond to comments, complaints and clarifications (iv) manage the sending of communicates, notifications and notices, (v) manage the information of our client portfolio, (vi) all purposes linked to the recruitment and expansion of our task force, and (viii) diligence the continuous improvement of our services.
6. USE LIMITATION OF YOUR PERSONAL DATA
In case your personal data is used for any non-essential purposes for the provision of services, Diametral grants you the appropriate mechanism to carry out at any time the revocation of your consent so that we stop using thereof. To revoke your consent, you or your legal representative must request it by sending an email to the account: legal@diametral.studio. Your request will be attended no later than fifteen (15) business days after it is received and after it shall be finally resolved, in no later than (15) business days following to the date in which the request was attended. We inform you that there is the option to limit the use and disclosure of your personal data, or, to express your refusal to continue receiving communications and advertising from Diametral . The exercise of these options may be completed at any moment, by sending an email to: legal@diametral.studio, through which the corresponding procedure will be informed to you and the proper follow-up be made.The personal data provided, by any means, without being requested will not be processed and/or used by Diametral,unless it is considered necessary for the beginning of a legal relationship or the provision of a service; therefore, the content of this Notice shall not apply to the said data. It is noted that, for the case of: (i) legal entities and/or person, (ii) natural person who exercise commerce or any profession, or (iii) natural person that provides services to a legal entity and/or person, that provides their data, including: name, surname, function, positions rendered, physical address, digital address, phone number and fax number, the legal provisions herein the Legislation and/or this Notice will not apply.
7. HOW YOUR PERSONAL DATA IS PROTECTED
Diametral has the necessary administrative, technical, and physical safety measures to protect your personal data, to prevent loss, damage, alteration, destruction or unauthorized use, access or treatment of said data.Diametral’s staff is duly trained and is committed to handle your personal data preserving their confidentiality and privacy. Diametral being a company committed with the security of your data and the provision of a quality service, on this basis, is aware of the technological developments as well as the inherent risks and, therefore, is committed in implementing and applying the necessary, sufficient and optimal security measures to avoid, to the extent possible, affecting your personal data. In case of an emergency or contingency situation arises, Diametral shall immediately adopt the appropriate procedure to solve any problems that could be generated.By means of this Notice, it is manifested to you, for all legal effects that may take place, that, for the protection and safety of you, the personnel, assets and work tools of Diametral.
8. WITH WHOM MAY WE SHARE YOUR PERSONAL DATA
In order to provide its services and fulfill the objectives of the present Notice, Diametral may reveal and/or transfer, either partially or fully, personal data to foreign or domestic third parties, for the compliance of the purposes pointed in this Notice.In that sense, your information may be transferred to other foreign or domestic parties, with whom we have a professional, business and/or goods and product supply relationship, with the purpose of having those third parties providing a service in representation of Diametral and/or yourself, and/or with governmental authorities that require it with the sole purpose to comply with the obligations derived of the legal relationship you have with Diametral ,as well as, those derived from legislation and/or international treaties. By accepting the terms of the present Notice, you explicitly authorize Diametral for transferring your personal data to those said foreign or domestic parties.
9. YOUR RIGHTS
In accordance with the applicable legislation, you or your duly accredited legal representative may exercise the rights of access, rectification, cancellation and opposition (ARCO, as for its acronym in Spanish) directly with the person in charge of the protection of personal data in Diametral .I. Access. – You, at any time, may request disclosure as to what information of yours has been gathered and retained.II. Rectification. - In case any data is inaccurate or incomplete, you may request a correction by annexing the proper documentation to prove said modifications.III. Cancellation. - A cancellation may be requested at any time when you consider that your data is not being treated in accordance with the applicable legislation. If the request is appropriate, all data shall enter a blocking period, during which they may not be used, to proceed later to its suppression.IV. Opposition. – At any time, the owner of the data may refuse the use of his/her personal data under justifiable causes.To facilitate the exercise of your rights, it will be necessary for you or your legal representative to submit a request to the following email address: legal@diametral.studio, where your request will be addressed along with any concerns. To exercise any ARCO right, the following procedure must be completed:Step 1: Legal department is contacted through email at legal@diametral.studio, requesting the exercise of an ARCO right.Step 2: Legal department requests the fulfillment of requirements to the data owner, according to the legislation, and analyzes the case.Step 3: Once the requirements of the previous step are fulfilled, the Legal department has a 20 calendar day period to determine its feasibility.Step 4: In case the request is suitable, the ARCO right is executed (within the next 15 calendar days).According to the current legislation, the requirements to be fulfilled on the procedure (step 2) are the following:Data owner name and email address to deliver the response to its request.Documents to demonstrate its identity, or, its legal representation.Clear and accurate description of the personal data to which the ARCO exercise is intended.Any other element or document that enables the location of the personal data.Diametral Website may contain links to other websites; therefore, we recommend you review the privacy notice for each one. Diametral will not be held responsible for any information that you disclose on any other website. For the case in which the owner decides to revoke his consent about the treatment if his personal data specified in this Notice, he shall follow the same procedure specified in this section, by clearly indicating the confirmation of the cessation of the treatment of his personal data.
10. UPDATES AND/OR MODIFICATIONS
Diametral maintains constant updates and revisions to the present Notice. Notwithstanding the above, Diametral reserves the right to effect, in any given moment, modifications, additions, and/or update the present Notice. Any modification or update shall be published on Diametral Web Site, so that if deemed necessary, you may express your opposition to the new treatment that will be given to the personal data. Accordingly, we invite you to frequently review the content of the present Notice on our Web Site, were we will publish the changes made and the last update date.In case Diametral needs to handle your personal data under a provision not included in this Notice, a notification will be made through the email provided by you, so that you may express what better suits your interests in the timeframe stipulated in the notification. If there is not a response received, it shall be understood that you agree to the new modifications regarding the processing of personal data.
11. INFORMATION ON CANALES
Diametral is responsible for the processing of personal data, as set forth in this Notice.In case of any questions, commentaries and suggestions, as well as exercising any access, rectification, cancellation and/or opposition rights, please contact us by sending an email to the account: legal@diametral.studio. Or the number +52(81)1991 2526 with the following business hours: Monday – Friday from 10:00 am to 5:00 pm, as well as Diametral´s address indicated on section 1.Additionally, in case of having any concern, you can contact the Federal Institute of Access to Information and Protection of Personal Data (Instituto Federal de Acceso a la Información y Protección de Datos Personales) at www.ifai.studio The English version of this document has no legal value, it is provided solely to facilitate the reading and understanding of the Spanish version and is not a substitute to the legal validity of the Spanish version. In case of any controversy, the text in the Spanish version shall prevail.