1. Identity and domicile of the Data Controller
Etchegaray International Consulting, S. de R.L. de C.V., with domicile at Paseo de los Tamarindos 400-A, suite 101, Col. Bosques de las Lomas, Cuajimalpa de Morelos C.P. 05120, México, D.F. (hereinafter “Etchegaray Abogados”), as data controller for the processing of personal data, provides you with this Privacy Notice in compliance with the terms of the Federal Law for Protection of Personal Data in Possession of Private Parties (the “Law”), its Regulation and the Privacy Notice Guidelines. Etchegaray Abogados is a leading law firm in commercial contracts, mergers and acquisitions, corporate and financial law, real estate, project finance, family-owned company law, bankruptcy and restructuring, foreign investment, transportation, anticorruption and compliance, labor law and intellectual and industrial property. Our clients are largely entities. However, Etchegaray Abogados may collect your personal data through our clients because you are a shareholder, employee, officer, legal representative and/or member of the board of directors of a company that is our client and we need to know those data to provide our services and/or present certain information and documentation to the authorities.
2. Etchegaray Abogados may collect the following personal data:
a. Identification data:
Name, private domicile, date of birth, nationality, CURP, RFC, social security number, telephone number, land line or mobile, fax, email, birth certificate, marriage certificate, copy of official identification and copy of proof of domicile. Furthermore, in the case of employees of Etchegaray Abogados, it is possible that we will request information on third parties related to you, such as the name and contact information of your descendants, dependents and any other person who may be insured under the insurance contracts that Etchegaray Abogados offers to its employees as a benefit, for which you manifest to have the authorization of such persons to provide their data.
Educational background, degree, professional license number, specialization, certificates.
c. Employment history:
Experience, position, address, email, telephone number, land line or mobile, and fax.
d. Billing information:
Entity to which the charge will be made, tax domicile, RFC.
e. Datos financieros:
Bank account information, form of payment, credit bureau.
3. Primary purposes of the Data Processing:
Your personal data may be used for all purposes related to providing our legal services and, if applicable, presenting the information required by the Mexican laws and authorities. The personal data that are obtained for purposes of a legal relationship, whose processing is necessary to comply with obligations arising from that relationship, will be used solely to provide the requested legal services, send you communications in relation to the matter addressed, for billing purposes, to contract the services or products you offer, send the payments for those services, formalize in contracts or other documents the relationship that is generated with you. In the case of your personal data as employee, officer, legal representative and/or member of the board of directors of a company that is our client, your information may be used for presenting information and documentation required by the Mexican laws and authorities.
b. Human Resources (Applicants and employees).
In the case of employees of Etchegaray Abogados, the personal data you provide us with will be used for all the purposes related to training, development, payments for labor benefits, labor relations and compliance with tax obligations. In the case of applicants, the personal data provided to us directly or through a third party when sending your curriculum vitae will be used to contact you if your profile is of interest to the firm and to initiate any selection and recruitment process.
c. Providers of goods and/or services
For all purposes related to the contractual relationship we have with you.
4. Secondary purposes of the Data Processing:
Your basic contact data (name, address, email, telephone and fax) may be processed by Etchegaray Abogados for marketing, advertising or commercial speculation purposes and to send you information of interest or our informational bulletin. It should be mentioned that the data of individuals that work for an entity consisting of their name and surnames, the functions or positions performed, as well as the following work data (address, email, telephone and fax number) that are processed for purposes of representation of the employer or contractor, are excluded from the scope of this Privacy Notice, in accordance with the Regulation of the Law.
5.Transfers of personal data:
Etchegaray Abogados will not transfer your personal data to third parties unrelated to Etchegaray Abogados without your prior consent, except in the following cases:
a. Authorities, including financial and tax, Mexican and foreign, in order to comply with our obligations as service providers and those derived from laws, and to comply with official notifications or requirements.
b. Judicial authorities, Mexican and foreign, in order to comply with notifications, requirements or official judicial notices.
c. In the case of employees of Etchegaray Abogados, to the insurance institution with which life insurance and medical insurance has been contracted, as well as any other authorities requiring it as a result of the employment relationship.
6. Security Measures
To avoid unauthorized access to your personal data and in order to ensure that the information is used for the purposes established in this Privacy Notice, we have established physical, electronic and administrative procedures that limit the use or disclosure of your data, permitting us to process them properly. In addition, you may have confidence that your personal data will be processed exclusively by those persons who engage in activities that require knowledge of those data.
7. Right to access, rectify, cancel or oppose your Personal Data
You have the right at all times to access, rectify, cancel or oppose the processing by us of your personal data (the “ARCO Rights”), and to revoke the consent granted for their processing; which right may be asserted through the Special Personal Data Protection Unit of Etchegaray Abogados indicated below. It is important to know that, while the exercise of your ARCO Rights is free, Etchegaray Abogados may charge you for the justified shipping and copying costs. Such request shall contain at least your name, complete address or other means to inform you of the answer to your request, documents that prove your identity and specifying clearly and precisely the personal data regarding which you request access, rectification, updating or cancellation, the elements or document where the personal data may be found and indicating the reasons you wish to have access to your personal data, or the reasons you consider that your data should be updated, rectified or cancelled. In addition, we ask you to consider that it is possible that Etchegaray Abogados may not be able to cancel or block all your personal data pursuant to the applicable laws. Etchegaray Abogados will inform you within a maximum period of 20 days from the date on which it receives the request for access, rectification, cancellation or opposition of the determination adopted, so that, if appropriate, it may be carried out within 15 days from the date on which the response is communicated. We also inform you that you may initiate the ARCO Rights Protection procedure before the Federal Institute of Access to Information and Protection of Personal Data (IFAI)), within 15 days after the date on which the data controller responds to your request and it is not satisfactory to you, or if once the indicated period expires, the data controller has not responded to your request.
8. Revocation of Consent
If you do not wish us to process your personal data for the secondary purpose mentioned, you may indicate this to us verbally at any time or send us your request by email, and you should receive a response to your request. If applicable, we will inform any third parties that have access to your data of that revocation.
9. Special Unit for Protection of Personal Data
For any doubt or clarification, and for the exercise of your ARCO Rights, please contact the Special Unit for Protection of Personal Data, during business hours from Monday to Friday, 9:00 a.m. to 2:00 p.m., through its email: email@example.com or in the domicile of Etchegaray Abogados indicated in point 1. above. You may also consult with IFAI regarding any concern at www.ifai.mx.