In compliance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties (hereinafter the Law), we would like to inform you of the following:
HEDEKER GROUP, S.A. DE C.V., (hereinafter HEDEKER), indicating for the purposes of this Privacy Notice the address located at Andrés Bello, No. 45, Piso 25, Polanco, IV Section, Delegación Miguel Hidalgo, C.P. 11500, Ciudad de México, México, will be responsible for the Personal Data and/or Sensitive Personal Data provided by the natural persons to whom they correspond (hereinafter the Holder or Holders indistinctly).
For the purposes indicated in this Privacy Notice, HEDEKER may collect the Personal Data of the Owners who intend to contract or who contract any of the services, goods or products offered by HEDEKER, such as: full name (official identification (with photograph) as well as such as the image of the Holder when entering the HEDEKER facilities through video surveillance and security cameras), address (private and fiscal), telephone (private and work), cell phone, fax number (private and work), mail address, date of birth, marital status, Federal Taxpayer Registry (RFC), Unique Population Registry Code (CURP), occupation or professional activity, bank account data and patrimonial information (customer account statements and positions of investment contracts) as well as Sensitive Personal Data [1] related to their nationality and place of birth.
Likewise, only for Holders interested in contracting any of the goods, products or services offered by HEDEKER and who have performed or are currently performing prominent public functions in a foreign country or in national territory (PPE) [2], the information is also required corresponding to the function they perform or performed and how long they have performed said function, data that due to its characteristics are treated by HEDEKER as Sensitive Personal Data.
On the other hand, for those people who have the character of Beneficiaries in any of the goods, products or services that a Holder contracts with HEDEKER, they are informed that the latter only requires their Personal Data corresponding to the full name, image of the Holder when entering HEDEKER facilities through video surveillance and security cameras, marital status, address, date of birth and relationship with the Holder, Personal Data of which the Beneficiaries are also Holders in terms of this Privacy Notice.
For those people who are the Spouse of a Holder interested in contracting any of the goods, products or services offered by HEDEKER and who do not perform or have performed outstanding public functions in a foreign country or in national territory, they are informed that this The latter only requires your Personal Data corresponding to the name (official identification) as well as the image of the Holder when entering the HEDEKER facilities through the video surveillance and security cameras and spousal regime (copy of the marriage certificate). Personal data of which the Spouses are Holders in terms of this Privacy Notice.
For those persons who are relatives (including Spouse) of a Holder interested in any of the goods, products or services offered by HEDEKER and who perform or have performed outstanding public functions in a foreign country or in national territory, they are informed that the latter only requires your Personal Data corresponding to full name, image of the Holder when entering HEDEKER facilities through video surveillance and security cameras, RFC, country of residence and relationship with the Holder who intends to contract the Services (according to said term, it is defined below) of HEDEKER as well as their Sensitive Personal Data corresponding to their nationality, the position they hold or held and how long they have held said position, Personal Data and Sensitive Personal Data of which the former are Holders in terms of this Privacy Notice .
The Holders who intend to contract any of the goods, products or services offered by HEDEKER and provide the latter with the Personal Data and/or Sensitive Personal Data of the Holders as Beneficiaries, Spouses and/or of those persons with whom they are related and perform or performed prominent public functions in a foreign country or in national territory must notify the latter of having provided their Personal Data and/or Sensitive Personal Data to HEDEKER and the content of this Privacy Notice, the foregoing, regardless of the notification that HEDEKER will make to said Holders of the Privacy Notice at the first contact it has with the latter.
In terms of the provisions of article 14 of the Regulations of the Law, when HEDEKER does not inform the Holders of this Privacy Notice directly or personally, but rather indirectly, the Holders have a period of 5 (five) business days after the Privacy Notice was made available to them so that, if applicable, they express their opposition to the processing of their Personal Data that they intend to use by HEDEKER for purposes that are not necessary to fulfill a legal relationship with the latter, opposition that they must manifest in accordance with the provisions of
Section five (5) of this Privacy Notice, since, in the event that the Holders do not express their opposition, it will be understood that they grant their consent to HEDEKER.
For the purposes of this Privacy Notice for Personal Data, Personal Data and Sensitive Personal Data must be understood as a whole.
The Personal Data and/or Sensitive Personal Data of the Owners may be collected in the following ways: i) when the Owner provides them personally or directly, ii) when HEDEKER obtains them indirectly, iii) when the Owner uses the website internet or HEDEKER online services which do not use the so-called “cookies” or web beacons [3] and/or; iv) when they are obtained by HEDEKER through the sources permitted by law.
It is the responsibility of the Holders of the Personal Data and/or Sensitive Personal Data, to guarantee that the data they provide personally or directly to HEDEKER are true and complete, as well as to notify HEDEKER of any modification to them to comply with the obligation to keep the information up to date.
The information of Personal Data and/or Sensitive Personal Data, which is collected by HEDEKER from the Holders who contract any of the services, goods or products offered by HEDEKER, will have the use described below: i) for the provision of the services, goods or products offered by HEDEKER, (here in after the Services), ii) identification of the Holders and knowledge of their profile to offer them a specific portfolio that suits their needs and financial interests, iii) administration of the Services, iv ) analysis of the Services, v) opening of contracts in Financial Institutions or Insurance Institutions, vi) updating of data, vii) having a link with the Financial Institutions and/or Insurance Institutions where the investments of the Holders are located, viii) contact the Holders to inform them about relevant news that may affect the financial market and therefore the Holders’ investments, ix) personalize the content on the performance of the Holders’ investments, x) request the authorization of the Holders to the acquisition of new products and/or services, xi) keep track of the withdrawals and deposits of the Holders in their investment contracts, xii) monitor the telephone calls with the Holders, xiii) fill out the formats known as “Know Your Customer ” as well as comply with the applicable provisions regarding money laundering and xiv) provide security to the HEDEKER facilities and to the Holders who enter the latter, purposes that are necessary to comply with the obligations derived from the legal relationship that HEDEKER has with headlines.
In relation to the Personal Data that HEDEKER collects from those Holders who are Beneficiaries in any of the services, goods, or products that a Holder contracts with HEDEKER, they are informed that the purposes for which the latter uses their Personal Data are to identify the Owner and keep their data updated, as well as those necessary to comply with the legal relationship that HEDEKER has with the Beneficiaries as a result of their designation as such in terms of the respective contract and to provide security to the HEDEKER facilities and the Holders who enter these last purposes that are necessary to fulfill the obligations derived from the relationship that HEDEKER has with the Holders.
Regarding the Personal Data of the Spouse of a Holder interested in contracting or contracting any of the goods, products or services offered by HEDEKER and who do not perform or have performed outstanding public functions in a foreign country or in national territory, they are informed that the purposes for which HEDEKER uses your Personal Data are to provide security to the HEDEKER facilities and to the Owners who enter the latter, a purpose that is necessary to fulfill the obligations derived from a legal relationship with the Owners as well as to identify them, update the files of the Holders who contract any of the services, goods or products offered by HEDEKER and to transmit said information in terms of the provisions of section four (4) below when said transmission is necessary for the Holders interested in acquiring any of the Services offered by HEDEKER is able to contract said Services, purposes that are not necessary to fulfill a legal relationship, therefore, in the event that the Holder does not agree that HEDEKER uses his Personal Data for said purposes, he must express their opposition in accordance with the provisions of sections four (4) and/or five (5) of this Privacy Notice, since, in the event that the Owner does not express their opposition, it will be understood that they give their consent to HEDEKER.
On the other hand, in relation to the Personal Data that HEDEKER collects from those Holders who are relatives (including Spouses) of a Holder interested in contracting or who contracts HEDEKER Services and who perform or have performed prominent public functions in a foreign country or in national territory, you are informed that the purposes for which HEDEKER uses your Personal Data are only those necessary to comply with the applicable provisions regarding money laundering as well as to provide security to HEDEKER facilities and to the Holders who enter the latter, purposes that are necessary to comply with legal provisions and obligations derived from the legal relationship that HEDEKER has with the Holders.
In relation to the Personal Data of those Holders who in the past were HEDEKER clients and who are currently no longer, as well as of the Holders who intend to contract any of the Services offered by HEDEKER and that in the end they do not hire him and the Beneficiaries, Spouses and/or relatives (who perform or have performed prominent public functions in a foreign country or in national territory) of said Holders are informed that HEDEKER only keeps their Personal Data for in accordance with the provisions of article 25 of the Law or the laws and regulations that apply to HEDEKER due to other current regulations, that is, during the blocking period [4] established in the said legal system, therefore, once After said blocking period, your Personal Data will be deleted.
The temporality of the handling of the Personal Data of the Holders will depend on the relationship they have with HEDEKER, as well as the obligations required by current legislation, the competent authorities and the internal policies of HEDEKER, however, in relation to the Data Personal data corresponding to the image of the Holders that is captured by video surveillance cameras, said information is kept by HEDEKER only for a period of 30 (thirty) business days after the date on which it is obtained and is subsequently deleted.
The information that is delivered to HEDEKER, will be safeguarded, conserved and protected, by the latter, in accordance with the provisions of current legislation and internal policies of HEDEKER in order to maintain the confidentiality of said information.
Per the provisions of the Law, HEDEKER will give access to the Personal Data of the Holders (through referrals) to persons with the status of Managers [5] such as third parties, service providers, or business partners of HEDEKER, that have a legal relationship with the latter, that derived from said legal relationship need to know the information and assume the commitment to keep it under a strict order of confidentiality and security, also acknowledging to understand the terms and conditions of this Privacy Notice and committing to comply with them.
On the other hand, the Personal Data of the Holders who contract any of the Services offered by HEDEKER and of the Beneficiaries of said Holders are transferred by HEDEKER to: (i) the affiliates, subsidiaries and/or international intermediaries of HEDEKER with the purpose of comply with the different legal relationships that exist between said affiliates, subsidiaries and/or international intermediaries with HEDEKER, (ii) to financial institutions (foreign Banks and Fund Managers) in order to open stock brokerage contracts and comply to the provisions applicable to money laundering and (iii) to foreign insurance institutions for which HEDEKER has offered a financial product to the Holders in order to monitor the products in which the Holder is interested or in your case that you have contracted, transfers of information that do not require the consent of the Holders in accordance with the provisions of article 37 of the Law.
Regarding the Personal Data of the relatives (including Spouses) of the Holders interested in acquiring or acquiring any of the Services offered by HEDEKER and who perform or have performed prominent public functions in a foreign country or in national territory, they are informed that HEDEKER transmits your data to the third parties indicated in point (i) of the previous paragraph in order to comply with the different legal relationships that exist between said affiliates and subsidiaries with HEDEKER, as well as to the third parties identified in points (ii) and (iii). ) of the previous paragraph in order to comply with the applicable provisions regarding money laundering, transfers that do not require the consent of the Holders in terms of article 37 of the Law.
Regarding the Personal Data of the Spouses of the Holders interested in acquiring any of the Services offered by HEDEKER and who do not perform or have performed prominent public functions in a foreign country or in national territory, they are informed that HEDEKER, on the one hand, transmits your data to its affiliates and subsidiaries in order to comply with the different legal relationships that exist between said affiliates and subsidiaries with HEDEKER, a transfer that does not require the consent of the Holders in terms of article 37 of the Law and, on the other hand, to the third parties referred to in points (ii) and (iii) of the fourth paragraph of this section when said transmission is necessary so that the Holders interested in acquiring any of the Services offered by HEDEKER are able to contract the Service requested.
Due to the foregoing, if the Holders in the capacity of Spouses of the Holders interested in acquiring any of the Services offered by HEDEKER do not state, marked with an (x), their opposition to their Personal Data being transferred in accordance with the provisions of the paragraph that precedes the third parties referred to in points (ii) and (iii) of the fourth paragraph of this section or through any of the means established in section five (5) of this Privacy Notice it will be understood that you have given your consent for it.
____ I do not consent to my Personal Data being transferred.
In the event that the protected Personal Data is required by the authority of any kind or must be delivered to the latter in accordance with According to current legislation, these data will be made available to you in strict compliance with the Law, a transfer that does not require the consent of the Holders in accordance with the provisions of article 37 of the said legal system.
The Holders of the information will have the right to request HEDEKER access, rectification, revocation, cancellation or opposition, as well as limit the use or disclosure of their data, through:
Written request addressed to the Personal Data Protection Department of GRUPO HEDEKER, S.A. DE C.V., to the following address: Andrés Bello, No. 45, 25th Floor, Polanco IV Section, Miguel Hidalgo Delegation, C.P. 11500, Mexico City, Mexico, from 9:00 a.m. to 5:00 p.m., on business days, or
Request made to the email aviso.privacidad@hedeker.com
HEDEKER will respond to the requests of the Holders of the information, as long as any of the exceptions contained in the Law are not updated, and the applicant complies with the provisions of article 29 of said legal system that establishes the requirements that it must contain. the applications submitted by the Holders.
In order for HEDEKER to process the request of a Holder regarding access, rectification, revocation, cancellation, opposition and/or limitation of the use or disclosure of their data, the latter must attach the following information and documentation to their request:
Name of the Holder and address or other means for HEDEKER to communicate the response to your request
The documents with which you prove your identity or her personality in the case of the legal representation of the Owner (official identification of the owner or legal representative and power of attorney of the latter)
The clear and precise description of the Personal Data with respect to which the right of access, rectification, revocation, cancellation, opposition, limitation of use or disclosure is sought, as well as any other data or document that may facilitate the location of the Data personal
HEDEKER will respond to the request of a Holder regarding access, rectification, revocation, cancellation, opposition and / or limitation of the use or disclosure of their data within the terms established by Law, that is, within twenty (20) following days from the receipt of the Holder’s request and if the request is appropriate, it will be implemented within 15 (fifteen) days after the Holder is notified of the response to his request, terms that may be extended by HEDEKER in accordance with the provisions of article 32 of the Law.
The obligation of access to information will be fulfilled by HEDEKER when, if requested by the Holder, his Personal Data is made available to the latter in a simple copy at HEDEKER’s address during a period of 15 (fifteen ) days after the Holder is notified of the response to his request or through any of the forms established in article 33 of the Law, same as in the response to his request the Holder will be notified.
In the event that HEDEKER requires the use of your Personal Data for purposes other than those agreed or agreed upon under the legal relationship with the Holders and in this Privacy Notice or requires the Holders Personal Data other than those indicated in this Privacy Notice or changes in the transfers of Personal Data and/or Sensitive Personal Data, the Holders will be notified in writing, by telephone, electronically, or by any optical, sound, visual or other means than technology allow now or in the future explaining the new uses that you intend to give said information in order to obtain your authorization. With this Privacy Notice, the Holders of the information are duly informed of the data that was collected from them and for what purposes, as well as the fact that the Privacy Notice may be consulted at any time on the website of HEDEKERwww.hedeker.com
HEDEKER reserves the right to modify this Privacy Notice to adapt it to new legislation or jurisprudence, authority criteria and commercial practices. In such cases, reference changes will be announced on the website www.hedeker.com.
This Privacy Notice, as well as the general handling of the Law by HEDEKER, is governed by the legislation in force and applicable in the United States of Mexico, any controversy that arises due to its application must be ventilated before the Federal Institute of Access to Information and Data Protection (IFAI) or before the competent Jurisdictional Bodies in Mexico City, Mexico.
Last updated July 17, 2018.
[1] Article 3 Section VI of the Federal Law on Protection of Personal Data Held by Private Parties establishes that Sensitive Personal Data is those that affect the most intimate sphere of the owner, or whose improper performance may give rise to discrimination or entail a serious risk to it. In particular, those that may reveal aspects such as racial or ethnic origin, present or future state of health, genetic information, religious, philosophical and moral beliefs, union affiliation, political opinions, sexual preferences are considered sensitive.
[2] Politically Exposed Persons (PPE): Those individuals who perform or have performed prominent public functions in a foreign country or in national territory, considering, among others, heads of state or government, political leaders, government officials, judicial or high-ranking military, senior executives of state-owned companies, or officials or important members of political parties. They are assimilated to the PPE, the spouse, the concubine, the common-law husband and the people with whom they maintain kinship by consanguinity or affinity up to the second degree, as well as the moral persons in which the PPE maintains patrimonial ties.
[3] “Cookies” are text files that are automatically downloaded and stored on the hard drive of the user’s computer equipment when browsing the HEDEKER website, which allow the internet server to remember some data about this user, such as your preferences for viewing the pages on that server, name and password.
Web Beacons are a visible or hidden image embedded within a website or email, used to monitor user behavior on these media. Through these you can obtain information such as the IP address of origin, browser used, operating system, when the page was accessed, and in the case of email, the association of the previous data with the recipient.
[4] Article 3 Section III of the Federal Law on Protection of Personal Data Held by Private Parties establishes that Blocking is: The identification and preservation of personal data, once the purpose for which they were collected has been fulfilled, with the sole purpose of to determine possible responsibilities in relation to their treatment, up to the legal or contractual prescription period of these. During said period, personal data may not be processed and after this, it will be canceled in the corresponding database.
[5] Article 3 Section IX of the Federal Law on Protection of Personal Data Held by Individuals establishes that the Manager is: The natural or legal person who alone or jointly with others processes personal data on behalf of the Controller.
