LA MODERNA GROUP, S.A. DE C.V., is a corporation duly incorporated under Mexican law, is established in 404-336
Leandro Valle, Reforma and FFCC. Nales. subdivision, Toluca State of Mexico C.P. 50070 (who hereinafter will be
called the "Responsible"), based on Articles 15, 16, 17 and other related of the Federal Law on Protection of
Personal Data Held by Private Parties and its Regulations, offers this privacy notice, under the personal data that
are to collect from you, as Employee, Customer, Shareholder or Supplier, as appropriate, as holder thereof
(hereinafter the "Holder").
Purpose of the processing of personal data.The person responsible for achieving its purpose, and for hiring employees and/or providers of goods and/or services as appropriate, he/she will need to obtain personal data of the Contractor (hereinafter "Personal Data"),whether individuals or corporations and from the last ones,he/she requires the Personal Data of their representatives or shareholders in order to carry out the signing of the respective contracts.
Personal Data will be processed and/or used by the Responsible and/orhis/her affiliates and/or subsidiaries and/orThird Parties who, by the nature of their jobs or functions have the need to treat and/or use thereof; in order to fulfill those obligations or reach derived from the legal relationship between the Contractor and Responsible.
The data described above will be treated strictly to achieve the following purposes, as appropriate:
a) Necessary purposes and/or whichgive rise to the legal relationship between the Responsible and the Contractor:
• Analyze and evaluate the capabilities, individual characteristics, achievements and educational background, work experience and other information that is incorporated in a resume to identify the feasibility of hiring as an employee.
• To run Socioeconomic tests and other examinations that are convenient to identify the appropriateness of hiring him/her as an employee.
• Incorporate, where appropriate, the personal data in the employment contract, as well as other documents that are necessary to implement the employment relationship and benefits derived therefrom.
• To fulfill the obligations arising from the employment relationship had been held.
• Require compliance with the obligations arising from the employment relationship had been held.
• Evaluate the results derived from the employment relationship. Also, the Responsible expressly states that he/she treat the sensitive personal data of employees, including related health data, particularly linked to certify that they do not suffer from a disability or contagious or incurable disease, as well as declarative form but not limited to, the use of prohibited substances, including studies of urine and blood-, genetic information - congenital diseases – mainly, moral, philosophical or religious beliefs.
• Financial, technical and any other data, permitting identification of the enforcement capacity from the potential supplier, if there were to sign the legal document from.
• The execution of the respective contract, depending on the good or service that is going to receive, as well as the conclusion of contracts or accessory instruments to that legal relationship. • Comply with the obligations under procurement contracts which are came to sign.
• Require compliance with the obligations of the Contractor under the contracts that had been signed.
• Check the solvency of likely Shareholder so that he/she can be invited to participate for any type of subscription or purchase of shares increase.
• Analyze and verify financial and credit status of his/her customers for the time of signing contracts.
Also the Responsible for the attainment of the social object, as well as for the realization of the goals that gave rise to the legal relationship with the Contractor Customer, it is necessary to visualize and know Personal Data, either individuals or legal persons, of the latter for their representatives or shareholders (hereinafter "Third Parties"), in terms of the Privacy Notice that has issued the own Contractor Customer but as the person Responsible, so that the latter will be responsible for obtaining all authorizations or consents legally required to share Personal Data of Third Partieswith the person responsible, so they are forced to make harmless the person Responsibleand his/her officers or employees from any claims they might receive from viewing and knowing of the personal data of Third Parties.
a) Purposes not necessaryand/or that do not give rise to the legal relationship between the Party Responsible and the Contractor:
• To transmit to the Administrators of the Retirement Fundas well as Insurance Institutions personal data when hiring a life insurance, health insurance or any other that is provided by the Responsible as a benefit.
• Integrate the employee's file.
• Exert judicial and extrajudicial actions arising from the employment relationship.
• Any analogous purposeor compatible to the above.
• To comply with all obligations of the Responsiblethat imposesthe current legislation.
• Cede or transfer to a third party, by any legal means, rights and/or obligations arising from contracts to provide goods and/or services.
• Modify, where appropriate, contracts for rendering of goods and/or services.
• Maintain communication that may be necessary to achieve the object of legal relations arising from contracts to provide goods and/or services.
• Exercise judicial or extrajudicial actions in order to assert rights or enforce the obligations arising from the signing of contracts to provide goods and/or services.
• Generate and keep track of suppliers.
• Whatever analogous purpose or compatible to earlier.
• To comply with all obligations of the Responsible that imposes the current legislation.
• Count on the bandwidth that allows the interconnection of computers via the Internet, under which the Contractor is able to host the site of application and information on databases of third-party customers.
• Providing telematics services, specialized mainly in accommodation or hosting sites, and web pages or electronic register domain names and data on the hard disk of a server.
• Development and testing of new functionality or improvements and/or to replicate errors reported by customers, so that the Responsible Development area is aware of objects, areas or processes in which we must make the correction.
• Error tracking and correction regarding the handling and/or information set out in the databases.
• The signing of the corresponding contract.
The personal data collected by the Responsible, regardless of the Titular type are as well as declarative form but not limited to, name, address, telephone number, date and place of birth, Federal Register of Taxpayers, etc.
I. Common obligations to Contractors.
The Contractor accepts the conditions described in this Privacy Notice, assuming responsibility for access to space or telematic programs, specialized mainly in accommodation or hosting Web sites, electronic pages, registration of domain names and data on disk hard of a server. In the case of Customers, it undertakes to provide, when submitting any form using the Web, truthful and lawful information, pledging to make appropriate use of content and services offered, without engaging in illegal activities, illegal, contrary to good faith and public order, or disseminate content or propaganda of racist, xenophobic, pornographic, justifying terrorism, human rights, or cause damage to physical systems, logical, or introduce any type of virus, message handling, etc.
In particular, as declarative form but not limited to, the Contractor undertakes to access and / or use the space or telematic programs, specialized mainly in accommodation or hosting Web sites, electronic pages, registration of domain names, as well as databases and other audiovisual or audio content, in accordance with current legislation, the purposes set out in this Privacy Notice, the specific conditions of each contract between the Responsible and the Customer, Employee or Supplier, as appropriate and other notices, use regulations and instructions to his knowledge, so like morality, generally accepted good customs and public order.
The Responsible reserves the right to deny or withdraw the possibility of access to space or telematic programs, specialized mainly in accommodation or hosting Web sites, electronic pages, registration of domain names, databases and other audiovisual or audio content, the Contractor to breach the conditions of use thereof, set out in this Privacy Notice, exercising, where appropriate, civil and criminal actions that correspond.
II. Choices and means that the Responsible offers to limit the use or disclosure of personal data.
In order to limit the use or disclosure of personal data, the Responsible protects such personal data on computer programs with limited access using passwords with high safety specifications, only to persons who, because of their functions, they are granted power to do so.
With regard to physical documents containing personal data, the Responsible protects them in locked files, to which only staff have access because of their duties is granted power to do so.
Both in the case of personal data contained in electronic media and paper documents, the Responsible uses the same security measures that apply in his/her own information.
Also the Responsible subscribes to all staff confidentiality agreements, in which it is contemplated that the personal data that he/she access in exercise of his/her functions, is confidential information and therefore should disclose such confidential information will be liable to pay damages and criminal sanctions as appropriate.
Finally, the Responsible has implemented policies and applicable to their personal internal processes through which personal data is used by a number of people, limiting the use of streaming media, and generating the obligation to destroy all the copies or reproductions of documents containing personal data that are not strictly necessary for the proper performance of the functions of staff Responsible, and the prohibition to extract from the Responsible offices any information containing personal data.
III. Choices and means the Responsible offers to revoke consent to the processing of personal data.
At any time, the Contractor may revoke the consent granted to the Responsible for the processing of personal data, so that no longer use is made thereof. For this it is necessary to submit your request at the proper domicile of Responsible, addressed to C.P. Liliana Conde Rivas, person through which the request will be processed. For purposes of the foregoing, the Responsible will have a maximum of 20(twenty) working days to handle his/her request and inform him/her about the origin at the address of the Contractor.
IV. Means to exercise the rights of access, rectification, cancellation or opposition.
The Contractor of personal data may exercise his/her rights of access, rectification, cancellation or opposition by submitting an application in terms of Article 29 of the Federal Law on Protection of Personal Data Held by Private Parties at the proper domicile of Responsible, addressed to C.P. Liliana Conde Rivas, person through which the request will be processed. the Responsible will notify the Contractor, at the address of the latter, within a period of 20 (twenty) days, renewable in terms of law, counted from the date of receipt of the request, the determination made, for all legal as may be appropriate effects. If such request is coming will be effective within fifteen days from the date when such a response is given.
Withdrawal of consent may take place within the same terms as the previous paragraph, by requesting the respective cancellation.
V. Transfer of personal data.
Responsible communicates the Contractor hereby notice that he/she may transfer personal data to Third Parties domestic or foreign, in the following assumptions:
a) When he/she decides to assign to a third party, by any legal means, the collection rights having against the Contractor.
b) When he/she requires a third party, provision of services or advice concerning the creditworthiness of the Contractor, including research on the assets and debts of the latter.
c) When he/she requires a third party, provision of services or legal advice related to the implementation of the financing that the Responsible grants or with the administration and extrajudicial collection and taking legal actions.
d) When, in the case,they are required by the manufacturer, supplier or distributor of the good with the financing relates granted.
When the transfer is made to holding companies, subsidiaries or affiliates under common control of the person responsible, or to a parent company or any company in the same group responsible for operating under the same processes and internal policies.
On this particular, the Contractor accepts that his/her personal data is transmitted under this paragraph.
In all cases, the Responsible will reveal to Third Parties the contents of this privacy notice.
VI. Changes to the privacy notice. In the assumption that the Responsible requires modifying the content of this privacy notice he/sheshall also be made of the knowledge ofthe Contractor in order to obtain his/her consent to the new processing of personal data.
The abovementionedwill be done by providing the Contractor the new privacy notice, applying in conducive the provisions of the Federal Law on Protection of Personal Data Held by Private Parties itself, for the manifestation of the Contractor’s will which shall apply only for treatment of various aspects of personal data already consenting to this privacy notice.
For the purposes outlined in this privacy notice, the Responsible may collect the Contractor personal data in different ways: when provided directly; when he/she visits the website or use online services and, when information is obtained through other sources that are permitted by law.
Personal data collected by the Responsible directly when the same Contractor provides them by various means, as when providing information in order to It was given to him / her a service, i.e.: name, address, telephone number, date and place of birth, Federal Taxpayer Registry, financial information, data of his/her representatives or shareholders, etc.
Personal data collected by the Responsiblewhen the Contractor visits his/her Web site or use the online services: name, email, phone.
Based on Article 8 of the Federal Law of Personal Data Held by Private Parties, it will be understood that the Contractor tacitly consents the processing of data provided, as long ashe/she does not oppose, under which this notice is made available to the Contractor at the head office of the Responsible.
The date of the last update to this privacy notice: September 18, 2013