In accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, MackStarke, S.A de C.V. hereby provides you with the following privacy notice.
I. RESPONSIBLE PARTY: IDENTITY AND ADDRESS. The entity responsible for the Processing of Personal Data is the legal entity named MACKSTARKE, S.A DE C.V., with its address located at Campestre #116, Col. San Ángel Inn, Del. Álvaro Obregón, Mexico City, Postal Code 01060. This entity undertakes to respect the provisions of this Privacy Notice, as well as the provisions of the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter the “Law”), its Regulations, and the Guidelines of the Privacy Notice.
II. PERSONAL DATA SUBJECT TO PROCESSING. In accordance with this Privacy Notice, MACKSTARKE, S.A DE C.V informs Data Subjects that it will process the Personal Data listed below: (i) identification data, (ii) contact information, (iii) financial and asset data.
III. SENSITIVE PERSONAL DATA: MACKSTARKE, S.A DE C.V does not process sensitive personal data.
IV. PURPOSES OF PROCESSING. The Processing of Personal Data carried out by MACKSTARKE, S.A DE C.V is aimed at establishing relationships within the framework of security, trust, efficiency, and effectiveness. Accordingly, the information will be used to fulfill the following purposes, categorized as follows:
A. PRIMARY PURPOSES FOR CLIENTS.
i. Authenticate the identity of the Data Subject.
ii. Contact the Data Subject by any means provided to MACKSTARKE, S.A DE C.V in order to manage, process, and follow up on their requests for services or products.
iii. Provide, deliver, send, or provide the contracted services and/or products.
iv. Contact the Data Subject by any means provided to MACKSTARKE, S.A DE C.V, to address and follow up on payments, as well as to process them.
v. Contact the Data Subject by any means provided to MACKSTARKE, S.A DE C.V for the formulation and follow-up of complaints, suggestions, and comments about the contracted products and/or services.
B. PRIMARY PURPOSES FOR PROSPECTIVE CLIENTS.
i. Authenticate the identity of the Data Subject.
ii. Contact them by any means provided to MACKSTARKE, S.A DE C.V to follow up on quotations, orders, estimates, budgets, and service proposals.
iii. Address doubts, comments, and inquiries about the products or services to be contracted with MACKSTARKE, S.A DE C.V.
iv. Provide the Data Subject with the necessary documentation within the procedure carried out with MACKSTARKE, S.A DE C.V for their proper consultation, understanding, and signature.
v. Evaluate and weigh accounting, administrative, and commercial aspects for the commencement of a relationship between MACKSTARKE, S.A DE C.V and the Data Subject.
C. SECONDARY PURPOSES FOR CLIENTS AND PROSPECTIVE CLIENTS.
i. Contact the Data Subject to notify updates about products and services, the Site, the Processing and status of their Personal Data, as well as changes to this Privacy Notice or the Terms and Conditions published on the Site.
ii. Evaluate the quality of the service provided by MACKSTARKE, S.A DE C.V regarding their commercial relationship.
iii. Sending promotional and advertising information from MACKSTARKE, S.A DE C.V or its strategic allies, as well as information about new services or products, programs, events, courses or classes, newsletters, and bulletins.
iv. Use the Data Subject’s information for statistical purposes.
V. MECHANISMS FOR THE DATA SUBJECT TO EXPRESS THEIR REFUSAL FOR THE PROCESSING OF THEIR PERSONAL DATA FOR SECONDARY PURPOSES.
In the event that the Data Subject does not wish their Personal Data to be used for any or all of the Secondary Purposes contained in the previous section, they must send an email to atencion@mackstarkeoficial.com with the subject “Refusal of Processing for Secondary Purposes”. In the body of the email, the Data Subject must specify for which purposes they wish to express their refusal, as well as their identification data, in order to fulfill their request.
VI. MEANS AND PROCEDURE FOR THE EXERCISE OF ARCO RIGHTS.
MACKSTARKE, S.A DE C.V recognizes Data Subjects the possibility of exercising ARCO Rights over their Personal Data, which consist of the following:
A. Right of Access: Know which of their Personal Data MACKSTARKE, S.A DE C.V has and what the purposes of their processing are.
B. Right of Rectification: Request the correction of their Personal Data in case they are outdated, inaccurate, erroneous, or incomplete.
C. Right of Cancellation: Request the deletion of all records or copies of their Personal Data, whether physical or electronic.
D. Right of Objection: Request the cessation in the use of their Personal Data.
The exercise of the rights described in this section is carried out through a written request sent via email to atencion@mackstarkeoficial.com with the subject “Exercise of ARCO Rights”. The mentioned email address corresponds to the department that will process the requests in question and can be contacted by Data Subjects at any time.
In the body of the message, the Data Subject must provide the following information:
A. Full name and address.
B. Clear and precise description of the Personal Data regarding which they intend to exercise any of the ARCO Rights, in addition to any document that allows locating them.
C. Mention of the ARCO Right they wish to exercise and the motivation for doing so.
D. Arguments supporting their position.
E. In case a Rectification of data is requested, the modifications to be made must be indicated, and the documentation justifying the requested changes must be provided.
Likewise, the request must be accompanied by the following documents:
A. Official identification of the Data Subject or their representative.
B. Document proving that the personal information is held by MACKSTARKE, S.A DE C.V.
C. If the Data Subject does not personally submit the request, the person who does so must prove their representation. This can be done through a public deed or power of attorney signed before two witnesses, along with official identifications of the Data Subject and the representative.
Once the Data Subject’s request is received, MACKSTARKE, S.A DE C.V will send an acknowledgment of receipt via email. Subsequently, it will respond to the Data Subject via email within a period of 20 (twenty) business days counted from the date the request was received. This period will only apply if MACKSTARKE, S.A DE C.V has sufficient information to process the request, as established in the following paragraph.
The Data Subject should take into consideration that, in order to have sufficient elements to address their request, MACKSTARKE, S.A DE C.V may request additional information within 5 (five) business days following the receipt of the request. Upon MACKSTARKE, S.A DE C.V’s request, the Data Subject will have a period of 10 (ten) business days to address this requirement. In this case, the 20 (twenty) business days mentioned in the previous paragraph will begin to run on the day following the day on which the Data Subject has addressed MACKSTARKE, S.A DE C.V’s request.
If the request is deemed appropriate and the Data Subject has proven their identity and the ownership of the ARCO Right they sought to exercise, Access to Personal Data, requested changes, Cancellation, or response to the Objection will be made within a maximum period of 15 (fifteen) business days counted from the date the response to the request was given.
Regarding requests for Access to Personal Data, their delivery will be made after the identification of the applicant or representative, as applicable. This delivery will be made in simple copies at the address mentioned herein, or in electronic documents to the email address from which the request was sent.
In case the purpose of the request is Objection, the Processing of Personal Data will cease on the next business day following the date on which the affirmative response to the Data Subject was communicated.
VII. MEANS AND PROCEDURE FOR REVOCATION OF CONSENT. At any time and for any reason, the Data Subject may revoke the authorization given to MACKSTARKE, S.A DE C.V for the Processing of their Personal Data. MACKSTARKE, S.A DE C.V states that, for the fulfillment of certain purposes, the revocation of consent could imply the impossibility of continuing the relationship between both parties.
In such case, the revocation of consent will be carried out according to the following procedure.
A. Sending an email to the address atencion@mackstarkeoficial.com with the subject “Revocation of Consent”. B. The body of the message must indicate: i. The full name of the Data Subject. ii. The reason for their request. iii. The arguments supporting their petition. iv. Date from which they wish the revocation to be effective. v. Official document proving their identity, which must be attached to the request.
MACKSTARKE, S.A DE C.V will respond to their request via email within a period of 20 (twenty) business days counted from the date it was received. This period will only apply if MACKSTARKE, S.A DE C.V has sufficient information to process the request, as established in the following paragraph.
The Data Subject should take into consideration that, in order to have sufficient elements to address their request, MACKSTARKE, S.A DE C.V may request additional information within 5 (five) business days following the receipt of the request. Upon MACKSTARKE, S.A DE C.V’s request, the Data Subject will have a period of 10 (ten) business days to address this requirement. In this case, the 20 (twenty) business days mentioned in the previous paragraph will begin to run on the day following the day on which the Data Subject has addressed MACKSTARKE, S.A DE C.V’s request.
VIII. RESPONSIBLE FOR PROCESSING REQUESTS FOR ARCO RIGHTS, LIMITATION OF USE AND DISCLOSURE, AS WELL AS REVOCATIONS. If the Data Subject wishes to revoke their consent, limit the use and disclosure of their information, as well as access, rectify, cancel, or oppose the Processing of their Personal Data, they must do so through the Department designated by MACKSTARKE, S.A DE C.V, whose contact details are as follows:
Responsible: DEPARTMENT OF PERSONAL DATA PROTECTION OF MACKSTARKE, S.A DE C.V.
Email: atencion@mackstarkeoficial.com
IX. MEANS TO LIMIT THE USE OR DISCLOSURE OF PERSONAL DATA. MACKSTARKE, S.A DE C.V, in order to guarantee the protection of Data Subjects’ Personal Data, commits to the execution of legal acts, the adoption of privacy policies, Personal Data protection, and information security policies enforceable within its organization, as well as to implement technological, physical, and administrative security measures. Among them, the implementation of the cryptographic protocol called SSL (Secure Socket Layer) stands out.
MACKSTARKE, S.A DE C.V stores personal information in databases with limited access located in controlled facilities with security mechanisms. MACKSTARKE, S.A DE C.V undertakes that the information provided by the Data Subject will be considered and treated as confidential.
X. PERIOD OF STORAGE OF PERSONAL DATA. In compliance with the quality principle, all Personal Data of the Data Subject will be safeguarded for the time necessary to fulfill the purposes for which they were collected. Subsequently, a blocking period will precede their cancellation.
XI. MODIFICATIONS TO THE PRIVACY NOTICE. The Data Subject is informed that this Privacy Notice may be modified at the time and in the manner determined by MACKSTARKE, S.A DE C.V, always complying with the relevant legislation.
MACKSTARKE, S.A DE C.V informs Data Subjects that changes to this notice will be notified by publishing an informative message and its updated version on the Site and/or by sending an email to the address provided by the Data Subject.
XII. INAI. Regardless of the mechanisms established in this Privacy Notice to ensure that Data Subjects are able to exercise their rights, they are informed that they have the possibility to file a complaint with the National Institute for Transparency, Access to Information and Personal Data Protection at https://home.inai.org.mx
XIII. UNDERSTANDING AND ACCEPTANCE. By accepting this notice, the Data Subject acknowledges that they understand and accept its terms.
XIV. DATE OF LAST UPDATE.
September 2, 2022.