PRIVACY NOTICE (hereinafter referred to as the “Privacy Notice”) related to the personal data collected by INVICT S.A.S (hereinafter referred to as “INVICT”)

  1. General Information                                                                                                                                                                                                                                                                                                                                                                                    INVICT IS A CORPORATION COMMITTED AND RESPECTFUL OF THE RIGHTS ON THE PERSONAL DATA OF INDIVIDUALS, PROVIDED BY ARTICLE 16 PARAGRAPH II OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES AND OF THE PROVISIONS OF THE FEDERAL LAW OF PERSONAL DATA PROTECTION HELD BY THIRD PARTIES, ITS REGULATION, AND THE OTHER APPLICABLE RULES AND REGULATIONS. 

BASED ON THE ABOVE, THIS PRIVACY NOTICE is made available to you so that the owner of the personal data is informed about the means to assert its right to the informative self-determination.

1.2. UPON ENTERING AND USING THE WEB PAGE WHICH DOMAIN NAME IS HTTPS://INVICT.COM.CO IN THE SECTION CORRESPONDING TO “PRIVACY NOTICE” (HEREINAFTER REFERRED TO AS THE “INVICT WEB PAGE”) OPERATED BY INVICT, YOU (THE “OWNER”) STATE YOU ARE UNDERSTANDING AND ACCEPTING THE TERMS AND CONDITIONS STATED HEREIN AND YOU STATE AND EXPRESSLY GRANT YOUR ACCEPTANCE AND AUTHORIZATION BY USING FOR SUCH PURPOSE ELECTRONIC MEANS PURSUANT TO THE PROVISIONS OF ARTICLE 1803 OF THE FEDERAL CIVIL CODE.

1.3. IF YOU (HEREINAFTER REFERRED TO AS THE “OWNER”) DO NOT ABSOLUTELY AND FULLY ACCEPT THE TERMS AND CONDITIONS OF THIS PRIVACY NOTICE, YOU SHOULD REFRAIN FROM SHARING WITH INVICT ANY KIND OF INFORMATION IN ANY MEANS, INCLUDING THE WEB PAGE.

1.4. IN CASE YOU (THE “OWNER”) CONTINUE USING THE WEB PAGE, ENTER THE DOMICILE OF INVICT OR YOU PROVIDE PERSONAL INFORMATION TO INVICT, EITHER TOTALLY OR PARTIALLY, SUCH INFORMATION SHALL BE CONSIDERED AS YOUR ABSOLUTE AND EXPRESS ACCEPTANCE AND AUTHORIZATION TO THE TERMS AND CONDITIONS STATED HEREIN.

1.5. SIMPLE USE OF THE WEB PAGE GRANTS THE VISITORS THE CAPACITY AS OWNER OF PERSONAL DATA AND IT IMPLIES YOUR FULL AND UNCONDITIONAL ACCEPTANCE AND AUTHORIZATION OF ALL AND EVERY OF THE GENERAL AND SPECIFIC CONDITIONS INCLUDED IN THIS PRIVACY NOTICE IN THE VERSION PUBLISHED BY INVICT, AT THE SAME TIME IN WHICH THE OWNER ACCESSES AND USES THE ABOVE-STATED PAGE. 

INVICT AND OWNER (HEREINAFTER JOINTLY REFERRED TO AS THE “PARTIES”) STATE THAT SINCE THERE IS NO ERROR, FRAUD, BAD FAITH OR ANY OTHER FAULT THAT MAY RENDER THE VALIDITY OF THIS INSTRUMENT NULL, THEY AGREE TO BE SUBJECT TO THE PROVISIONS HEREIN.

  1. Definitions

2.1. Personal Data. Any information related to an identified or identifiable individual.

2.2. Sensitive Personal Data. That personal data affecting the closest rights of the OWNER or which undue use may give rise to discrimination or imply a serious risk for OWNER. Particularly, sensitive data is considered data that may disclose aspects such as racial or ethnic origin, current or future health condition, genetic information, religious, philosophic and moral beliefs, union registration, political opinions, sexual preference. 

2.3. Owner. Individual to whom personal data identify or correspond.

2.4. Responsible Party. An individual or private company (INVICT) deciding on the management of personal data.

2.5. The person in charge. Individuals or companies managing personal data by itself or along with others on behalf of the Responsible Party.

2.6. Management. Obtaining, use (including access, management, use, transfer, or disposal of personal data), disclosure, or storage of Personal Data in any means.

2.6.1. Transfer. All communication of personal data made to a person other than the Responsible Party or Person in Charge of the management.

2.6.2. Submission. Communication of personal data between the Responsible Party and the Person in Charge inside or outside the Mexican territory.

2.7. Third-Party. National or foreign individual or company other than the OWNER or the Responsible Party of personal data.

2.8.  ARCO Rights. Access, Rectification, Cancellation, and Opposition Rights for the management of personal data.

2.9. Implied Authorization. Legal action provided by the Mexican legislation by means of which OWNER accepts the management of its personal data when having made the Privacy Notice available to it, it does not oppose to it as per the provisions of item 1.3 thereof.

2.10. Primary Purposes. Purposes for which personal data is mainly requested and the reason why the relation between INVICT and OWNER gives rise.

2.11. Secondary Purposes. Purposes not essential for the relation between INVICT and OWNER but analog or compatible with the primary purposes.

  1. Identity and domicile of Responsible Party collecting personal data

3.1. Responsible Party for the obtaining and management of the personal data of OWNER is INVICT S.A.S (hereinafter referred to as INVICT), bound to respect the provisions of this Privacy Notice (hereinafter referred to as the “Notice”) made available to OWNER in compliance with the provisions of the Federal law of Personal Data Protection held by Third Parties (hereinafter equally referred to as the “Law” or “LFPDPPP” for its initials in Spanish) and applicable regarding the personal data that INVICT manages as a result from the rendering of the strategies services of growth capital, partnership, transactions, leadership position, advisory in administration services and leasing services rendered by INVICT of individuals such as candidates, employees, clients and/or clients prospects, vendors, vendors prospects and/or service providers, commercial allied and/or commercial allied prospects, commercial agents and/or commercial agents prospects and of the users of the WEB PAGE OF INVICT and of the visitors to the physical operations operated by INVICT.

3.2. Domicile of INVICT for the purposes of this Privacy Notice is located at Joselillo 6A, Despacho 104, suburb El Parque, Zip Code 53398, Naucalpan, State of Mexico, Mexico.

  1. Managed personal data

4.1. OWNER acknowledges and accepts that INVICT may directly and/or by means of Parties in Charge manage the following Personal Data, considering the existing relationship with each OWNER:

4.1.1. Candidates: General information: Full name, date, and place of birth, age, sex, nationality, marital status, profession, official ID with a photograph, image or photograph, signature, domicile, fixed or mobile phone, e-mail address, Tax ID. Academic information: level of studies, school, the period of studies, obtained degrees, updating, and/or training courses. Family data: name, age, school level, telephone number, relatives’ profession (parents, brothers, and sisters, children, spouse). Patrimony and/or financial data: bank account number (account number, CLABE, bank), current income, and expenses. Professional experience: name of the company in which he/she rendered his/her services, the time during which he/she rendered his/her services, address, telephone number, the position held, name of the immediate boss. Personal and work references: full name, domicile, telephone, profession. 

Copies of documentation: Official ID with a photograph, birth certificate, Curriculum Vitae, Tax ID certificate, CURP (sole population code) registry, proof of address, certificate of studies, professional license, bank statement of account cover page.

4.1.2. Employees: General information: Full name, date, and place of birth, age, sex, nationality, marital status, profession, official ID with a photograph, image or photograph, signature, domicile (zip code, state, country, city or municipality, suburb, locality, street, external and internal number), fixed or mobile phone, e-mail address, Tax ID, CURP (sole population code), social security number.  Academic information: level of studies. Relatives’ data: name, age, school level, telephone number, relatives’ profession (parents, brothers, and sisters, children, spouse), contact data of relatives in case of emergency. Patrimony and/or financial data: bank account data (account number, CLABE, bank). Professional experience: name of the company in which he/she rendered his/her services, the time during which he/she rendered his/her services, address, telephone number, the position held, name of the immediate boss. Personal and work references: full name, domicile, telephone number, profession.

Copies of documentation: Official ID with a photograph, birth certificate, Tax ID certificate, CURP certificate, proof of address, social security, certificate of studies, professional license, bank account cover page.

4.1.3. Clients and/or Clients Prospects: Full name, profession and / or position, domicile (zip code, state, country, city or municipality, suburb, locality, street, external and internal number), local and/or mobile telephone number, e-mail address, Tax ID, CURP, bank’s data (account number, CLABE, bank), name of the legal representative of the company, Articles of Incorporation of the company, power-of-attorney of the legal representative registered in the Public Real Estate and Commercial Registry, billing data and domicile (zip code, state, country, city or municipality, suburb, locality, street, external and internal number).

Copies of documentation: Articles of Incorporation of the company, power-of-attorney of representative registered in the Public Real Estate and Commercial Registry, Tax ID certificate, proof of address, the cover page of bank statement of account.

If OWNER hires the services offered by INVICT so that the beneficiary and/or user of such services is a third party, he will share with INVICT the full name, his cell phone number, email, such OWNER states under affirmation it shall previously obtain its authorization before granting its personal data to INVICT thus it is bound to keep INVICT harmless from any controversy resulting from the unauthorized use of personal data of third parties. 

4.1.4. Vendors, Vendors’ Prospects and/or Service Providers: Full name, date, and place of birth, age, nationality, official ID with a photograph, domicile (zip code, state, country, city or municipality, suburb, locality, street, external and internal number), local and/or mobile telephone number, e-mail address, Tax ID, CURP, tax data, name of the legal representative of the company, Articles of Incorporation, power-f-attorney of the representative registered in the Public Real Estate and Commercial Registry, contact data and positions in the company, billing data and domicile (zip code, state, country, city or municipality, suburb, locality, street, external and internal number), electronic invoice. 

Copies of documentation: Official ID with a photograph, Tax ID certificate, CURP, proof of address, the cover page of bank statement of account, Articles of Incorporation of the company, power-of-attorney of the representative registered in the Public Real Estate and Commercial Registry.

4.1.5. Commercial allied and/or commercial allied prospect: Full name, date, and place of birth, age, sex, nationality, marital status, official ID with a photograph, image or photograph, signature, domicile (zip code, state,  country, political district or municipality, suburb, locality, street, external and internal number), local or mobile telephone number, e-mail address, TAX ID, credit card data, bank data (account number CLABE, bank), billing data and domicile.

Copies of documentation: Official ID with a photograph, Tax ID certificate, proof of address, and/or documents equivalent to the above-stated documents in the different countries in which INVICT operates.

If OWNER uses the services offered by INVICT so that the beneficiary and/or user of such services is a third party, such OWNER states under affirmation it shall previously obtain its authorization before granting its personal data to INVICT thus it is bound hereby to keep INVICT harmless from any controversy resulting from the unauthorized use of personal data of third parties. 

4.1.6. Commercial agent and/or commercial agent prospect:  commercial y/o prospect of commercial agent: Full name, local or mobile telephone number, e-mail address, Tax ID, tax data, bank statements of account, name of the legal representative of the company, Articles of Incorporation of the company, power-of-attorney of the representative registered in the Public Real Estate and Commercial Registry, contact data and positions in the company, billing data, and domicile, electronic invoice. 

Copies of documentation: Tax ID, proof of address, the cover page of bank statement of account, Articles of Incorporation of the company, power-of-attorney of the representative registered in the Public Real Estate and Commercial Registry and/or documents equivalent in the different countries in which INVICT operates.

If OWNER uses the services offered by INVICT so that the beneficiary and/or user of such services is a third party, such OWNER states under affirmation it shall previously obtain its authorization before granting its personal data to INVICT, thus it is bound to keep INVICT harmless from any controversy resulting from the unauthorized use of personal data of third parties. 

4.1.7. The user of the INVICT WEB PAGE: Full name, local and/or mobile telephone number, e-mail address.

4.1.8. Visitors to the facilities operated by INVICT: Full name, official ID with a photograph, image or photograph, signature, domicile (zip code, state, country, political district or municipality, suburb, locality, street, external and internal number).

Copies of documentation: Official ID with a photograph.

4.2. OWNER grants hereby its express authorization pursuant to the provisions of Article 8 of the LFPDPPP, for INVICT to manage its personal data, including those denominated financial and/or patrimony personal data stated in this clause to comply with the purpose of this Privacy Notice.
4.3. OWNER accepts hereby and states under affirmation that the personal data it has provided to INVICT is true, current, and correct. In addition, it is bound hereby to keep INVICT harmless from any claim or complaint resulting from errors in the data it has provided to it.
4.4. INVICT represents hereby it shall not manage sensitive personal data of OWNER of any kind.
4.5. INVICT represents hereby it may obtain personal data of OWNER by means of public access sources to validate and update OWNER’s data, respecting at all times the reasonable expectation of privacy referred to in Article 7 of the LFPDPPP.
4.6. INVICT shall use, directly or through a Person in Charge, IP information (Internet Protocol) to analyze any kind of threats to the WEB PAGE of INVICT and to collect demographic or traffic information in such web site; however, IP information shall not be used under any circumstance to identify OWNERS, except if there is a threat or probabilities of fraudulent and criminal activity.

  1. Purposes of management of personal data 

5.1. INVICT accepts and acknowledges it may directly and/or through Persons in Charge manage OWNER’s personal data, depending on the type of relationship it has with the OWNER for the following primary purposes:

5.1.1. OWNER–Candidate:

a) Contact OWNER–Candidate by phone, e-mail address, social networks, Skype, or other e-platform or any means to monitor and evaluate the experience and studies of OWNER–Candidate, to find out the possibility of being selected for the position he/she intends to perform.
b) Find out the labor experience of OWNER–Candidate and his/her skills for the position he/she intends to occupy.
c) Make a physical and electronic file of OWNER–Candidate to be kept in the offices of INVICT during a term of 6-six months, since data was collected.
d) Execute the selection and administration of personnel proceedings before the necessary government institutions.
e) Contact individuals OWNER–Candidate has indicated as personal and/or labor references.

5.1.2. OWNER–Employee:

a) Make a physical and/or digital file of OWNER–Employee to be kept in the domicile of INVICT throughout the term of the labor relation and during 5-five years after such relation is terminated due to any reason.
b) Execute the necessary proceedings to deposit the salary and other benefits of the OWNER–Employee.
c) Keep attendance and check-in and check-out records to the workplace of OWNER-Employee in INVICT.
d) Assign necessary work tools and resources to OWNER–Employees to develop his/her work.
e) Make the necessary registration, cancellation formalities, modifications, and disabilities before the Mexican Institute of Social Security (IMSS for its initials in Spanish) and other necessary government institutions.
f) Make the corresponding payments to the beneficiaries of alimonies of OWNER –Employee, in case it is ordered by a judicial authority.

5.1.3. OWNER–Client and/or Client Prospect:

a) Contact OWNER–Client by telephone, e-mail, social networks, or any other means to assist and monitor the requests of products and/or services offered by INVICT

b) Provide OWNER-Client with the services commercialized by INVICT pursuant to requests made in any means so that OWNER-Client may be benefitted from the requested services.
c) Contact OWNER-Client by any means to make clarifications and monitor payments or any other situation resulting from the products and/or services provided by INVICT such as claims or comments thereon.
d) Register and update data in the internal company administration service for the access of personal data by the persons authorized for such purpose.
e) Contact OWNER-Client to manage and collect outstanding balances; if applicable, contact the persons OWNER-Client has authorized as payment contacts.
f) Make and keep a physical and/or electronic file of OWNER-Client during the term of the commercial relation and up to 10-ten years after the expiration/termination of the commercial relation.
g) Preparation of an electronic invoice and credit notes resulting from the products or services commercialized by Such invoices, both physical and electronic, and the credit notes shall be kept by INVICT during the term of the commercial relations and for 10-ten years after the termination thereof.
h) Coordinate meetings with OWNER-Client by telephone, e-mail address, social networks, Skype, or in any other means either on physical or digital support.
i) Create a record in the database of clients and/or prospects of clients that shall be kept during the term of the commercial relations and up to 10-ten years after termination thereof.

5.1.4. OWNER–Vendor and/or Vendor’s Prospect and/or Service Provider:

a) Contact OWNER–Vendor by telephone, e-mail address, or by any other means to request or monitor the information, service, and/or product requests required by INVICT.
b) Contact OWNER–Vendor by any means to make clarifications and monitor payments or any other situation resulting from the products and/or services required by INVICT.
c) Keep the electronic invoices and credit notes for a period up to 10-ten years in physical and electronic format, resulting from the products and/or services required by INVICT.
d) Keep the agreements executed by and between INVICT and OWNER-Vendor during the term of the commercial relation and up to 10-ten years both in physical and electronic format, once such agreements have expired/terminated.
e) Make bank transfers as a result of the requests of products and/or services made by INVICT to OWNER–Vendor.
f) Keep a physical and/or electronic file of OWNER–Vendor during the term of the commercial relation and up to 10-ten years after its expiration/termination due to any reason. 

5.1.5. OWNER– Commercial allied and/or Commercial allied prospect:

a) Provide the services contracted by OWNER-Commercial allied.
b) Contact it by telephone, e-mail, social networks, or another electronic mail platform to assist and monitor the requests of products and/or services offered by INVICT.
c) Provide the services offered by INVICT, pursuant to the requests made in any means so that OWNER-Commercial allied may be benefitted from them.
d) Contact it by any means to make clarifications and monitor requirements, requests, payments, or any other situation resulting from the services provided by INVICT, such as complaints or comments thereon.
e) Register and update the data in the internal company management system for access to the personal data by the persons authorized therefor.
d) Contact OWNER-Commercial allied to execute the management and collection of outstanding balances; as applicable, contact the persons that OWNER-Commercial allied has authorized as payment contacts.
g) Make and keep a physical and/or electronic file of OWNER-Commercial allied during the term of the commercial relation and up to 10-ten years after the expiration/termination of the commercial relationship between the parties.
h) Preparation of electronic billing resulting from the services offered by INVICT.
i) Create a record in the database of the commercial allies and/or commercial allied Prospects that shall be kept during the term of the commercial relations and up to 10-ten years after expiration/termination thereof.
j) Issuance of electronic billing resulting from the services offered by INVICT. Such invoices both physical and electronic shall be kept by INVICT during the term of the commercial relations and up to 10-ten years after expiration/termination thereof.
k) Make transactions with credit institutions resulting from the commercial operations.
l) Request references from the Credit Bureau. 

5.1.6. OWNER–Commercial agent and/or Commercial agent prospect:

a) Contact OWNER–Commercial agent by telephone, e-mail, or by any other means to request or monitor the information, fees, services, and/or product requests required by INVICT.
b) Register the Commercial Agent’s profile in the internal management system for access by personal authorized for such purpose and it shall be kept during the term of the commercial relation and 10-ten years after such relation is terminated for any reason.
c) Contact OWNER–Commercial agent by any means to make clarifications and monitor payments collections or any other situation resulting from the services required by INVICT.
d) Keep the agreements executed by and between INVICT and OWNER–Commercial agent for 10-ten years both in physical and electronic format once such agreements expire or terminate.
e) Get OWNER–Commercial agent in contact with OWNER-Commercial allied to execute the service requests made by INVICT.
f) Keep a physical and/or electronic file of OWNER–Commercial agent during the term of the commercial relation and up to 10-ten years after the expiration/termination thereof. 

5.1.7. OWNER–User of the WEB PAGE of INVICT:

a) Contact OWNER-User of the WEB PAGE OF INVICT, via e-mail, telephone or any other means to assist and monitor its comments or service requests.
b) Keep in different databases, in physical or electronic format the information of OWNER-User of the WEB PAGE OF INVICT; such records shall be kept for a term of 5-five years as from its obtaining.

5.1.8. OWNER–Visitor to the facilities operated by INVICT:

a) Keep in different databases the information of visitors to the domicile of INVICT to keep the records of entrances and departures of visitors to its facilities; the above is part of the security actions adopted inside INVICT. Personal data of OWNER–Visitor shall be kept during a term of 1-one year since it was collected.

5.2. INVICT may directly and/or by means of Persons in Charge the data of OWNER for the following secondary purposes:

a) In the case of OWNER-Client, evaluate the quality of the offered services and the quality of attention to its comments or requests.
b) Make internal studies on consumption habits.
c) Provide it with additional communications, information, and promotions, launching of new products and/or services offered by INVICT, changes of image, bulletins, and news.
d) Report via e-mail about changes or new products or services related to those requested by OWNER.
e) Create internal reports on the use of the WEB PAGE OF INVICT.
f) Massive submission of e-mails with advertising content.
g) Contact OWNER-User of the WEB PAGE OF INVICT to inform about updating thereof, information messages, and service-related messages including important security updating.
h) Report and/or invite OWNER-User to participate in events organized by INVICT or partners and/or commercial allies thereof.
i) Send New Years’ Eve or Holidays congratulation e-mails.

5.3. In case OWNER does not wish its personal data is used for all and or some of the secondary purposes stated in item 5.2 of this Privacy Notice, it should send a data deletion request to the e-mail address: contact@invict.com.co stating therein the secondary purposes for which its personal data shall not be managed. 

  1. Use of “Cookies” and “web beacons”

6.1. It is possible that the WEB PAGE OF INVICT uses “cookies” in connection with certain characteristics or functions. Cookies are specific types of information that a web site transmits to the hard disc of the OWNER’s computer to keep records. Cookies may be used to facilitate the use of a web site upon keeping passwords and preferences while OWNER navigates on the Internet. WEB PAGE OF INVICT does not use cookies to obtain personal identification data from the OWNER’s computer not originally sent as part of the cookie.

6.2. In turn, the “web beacons” are images embedded in a web page or e-mail that may be used to monitor the behavior of a visitor, such as keeping information on the IP address of the user, duration of interaction in such page and the type of navigator used, among others.
6.3. Although most of the navigators automatically accept cookies and web beacons, the OWNER may configure its navigator not to accept them.
6.4. Following instructions must be followed to deactivate cookies:
6.4.1. Open the search engine in a PC, enter the menu “Tools”, enter the “Internet Options”, select the tab “Privacy”, move the Configure cursor to “Block all Cookies”.
6.4.2. Open internet in a Mac, go to “Preferences”, select the option “Security”, select “Never” in the “Accept Cookies” option. 

  1. Limitations for access and disclosure of personal data

7.1. INVICT is bound hereby to make its best efforts to protect the security of the personal data that OWNER provides it with by means of the execution of legal actions, use of access control technologies, unauthorized use or disclosure of personal information and the encryption of personal data being managed; personal information is kept for such purpose in databases with limited access located in facilities controlled by security mechanisms. INVICT is bound hereby that the information provided by the OWNER is considered as confidential and used under full privacy.
7.2. Therefore, INVICT is bound to take the necessary actions to guarantee that the Parties in Charge it uses, comply with the provisions of this Privacy Notice, with the obligations under its responsibility and particularly, with the provisions provided in Article 50 of the Regulation of the LFPDPPP.
7.3. Likewise, INVICT is bound, if necessary, to hire computer services in the cloud that execute the management of personal data of OWNERS, provided they respect the provisions of Article 52 of the Regulation of the LFPDPPP.
7.4. In addition, INVICT informs OWNER that, to prevent receiving general advertising, may make its registration in the Public Registry to prevent Advertising; for further information, it may review the web site of the Federal Consumer’s Protection Agency (PROFECO for its initials in Spanish).

  1. Designated person to proceed with the requests

8.1. In case OWNER intends to revoke its authorization and Access, Rectify, Cancel or Oppose to the management of the personal data it has provided, it should do it by means of the person designated by INVICT, which data is described hereinbelow:

Designated Person: Paula Ávila.  

E-mail address: paula.avila@invict.com.co 

  1. Means to revoke authorizations

OWNER of personal data may revoke the authorization granted by the acceptance of this Privacy Notice. Such revocation of the authorization it grants by electronic means shall be made executing the following proceeding and using the following format (hereinafter referred to as the “request”):

9.1. Send an e-mail to the Designated Person referred to in item 8-eight of this Privacy Notice by means of which such request shall be attended.
9.2. Send a request with a data message to the above-stated e-mail, stating thereby at least:
9.2.1. Full name of OWNER, domicile, and e-mail address to receive the answer resulting from its request.
9.2.2. Reason for request.
9.2.3. Arguments supporting its request or petition.
9.2.4. The official document evidencing its identity and evidencing the person it claims to be.
9.2.5. Date as from which revocation of its authorization becomes effective.
9.3. Enclose to the aforementioned e-mail the format indicated in this item with the signature of the OWNER or the signature of the legal representative. 

If OWNER submits its request by means of a representative, it shall also enclose the instrument granting it with the necessary capacities for such representation and the identification of such representative.

9.4. INVICT shall notify OWNER the adopted resolution, in a maximum term of 20-twenty days as from the date on which it received the request of revocation of the authorization, so that, if admissible, it becomes effective during the 15-fifteen days following to the date on which the answer is notified by means of a message stating it has executed all actions not to manage the personal data of OWNER for the required purpose or purposes.

  1. Means to assert the ARCO Rights

10.1. If OWNER needs to access, rectify, cancel or oppose to the management of personal data it has provided to INVICT, OWNER shall follow the proceeding hereinbelow using the request format:

10.2. Send an e-mail address to the Designated Person stated in item 8-eight of this Privacy Notice by means of which such request shall be attended, stating the following therein:
10.2.1. Full name of OWNER, domicile, and e-mail to receive the answer created due to its request.
10.2.2. Reason for your request.
10.2.3. Arguments supporting its request or petition.
10.2.4. The official document evidencing its identity and that it is the person it claims to be.
10.2.5. The clear and accurate description of personal data regarding which it intends to assert one of the ARCO rights and any other element or document facilitating the location of personal data.
10.2.6. In case of rectification requests of personal data, the OWNER shall indicate in addition to the above, modifications to be made, and provide the documents supporting its petition.
10.2.7. Enclose the format indicated in this item to the aforementioned e-mail with the signature of the OWNER or the signature of the legal representative.

If OWNER presents its request by means of a representative, it shall also enclose the instrument granting it with the necessary capacities for such representation and the identification of that representative.

10.3. INVICT shall notify OWNER the adopted resolution in a maximum term of 20-twenty days as from the date on which it received the access, rectification, cancellation or opposition request so that, if admissible, it becomes effective during the 15-fifteen days following to the date on which the answer is notified. In case of request of access to personal data, delivery shall apply prior evidence of the identity of the applicant or its legal representative, as applicable.

  1. Transfer of personal data

11.1. INVICT is bound not to transfer or share personal data referred to in this Privacy Notice in favor of third parties, except if necessary to comply with the purpose of this Privacy Notice, necessary for the attainment of the hired services or products or it is made to comply with a court order or applicable legislation.

11.2. Likewise, in compliance with its obligations and with informative purposes, it is reported to the OWNER that INVICT may make the following transfers of personal data:
11.2.1. Banking institutions, to collect or pay services required or offered by INVICT for its clients, commercial allies, and/or commercial agents.
11.3. In addition, INVICT informs OWNER that its personal data may be transferred among the same companies parties of the company group from which INVICT is a part of.
11.4. Notwithstanding the above and, if security infringements arise occurred during any stage of data management, significantly affecting the patrimonial or moral rights of OWNERS, they shall be immediately informed by e-mail or any other contact means provided to INVICT so that they may assert the corresponding actions to defend their rights thus releasing INVICT from any responsibility if the infringement is not attributable to it.

  1. Modifications

12.1. This Privacy Notice may be timely and duly modified by INVICT when it deems it convenient considering the analysis and regulations on personal data protection matter that may arise; therefore, it is bound to keep this Privacy Notice updated and to disclose it for consultation by means of its publication in the WEB PAGE OF INVICT so that, OWNER, if applicable, may assert its ARCO rights or revoke its authorization.

  1. Competent authority

13.1. If OWNER considers its right to its personal data protection has been infringed by an action or failure by INVICT or it assumes an infringement to provisions provided in the legislation on the matter, it may file its disagreement or claim with the National Institute of Transparency, Access to Information and Personal Data Protection (INAI). Visit the official web page www.inai.org.mx. for further information.

  1. Applicable Law and jurisdiction

14.1. Parties herein state that this Privacy Notice shall be ruled by the legal applicable provisions in the United Mexican States, especially by the provisions of the Federal Law of Personal Data Protection held by Third Parties, its Regulation, and the other related applicable rules and regulations.
14.2. In case a dispute or controversy arises resulting from the interpretation, execution or performance of this Privacy Notice or from any document resulting herefrom or related hereto, parties herein shall amicably look for an agreement during a term of 30-thirty calendar days as from the date on which such difference arises and the counterparty is notified in writing about such event; referring the negotiation proceeding to the Alternative Justice Center for Mexico City, formerly Federal District, pursuant to the protection of the Alternative Justice Law of the Superior Court of Justice for Mexico City, formerly Federal District and its Internal Regulation, in force when the corresponding controversy is brought.
14.3. If the parties do not reach an agreement, they agree hereby to subject all the discrepancies resulting from this Privacy Notice or from any document resulting herefrom or related hereto to be definitively settled according to the competence and laws of the Federal Administrative Authorities or Courts for Mexico City, formerly Federal District, thus expressly waiving to any other jurisdiction that may correspond to them due to their current or future domiciles. 

Version 2.1 [Updating date 12/august/2020]