In compliance to what is provided by the Federal Law for Personal Data Protection Owned by Individuals (“LFDP” by it Spanish acronym and hereinafter refered to as “The Law”) and the rest of applicable provisions, Ocupa Holding, S.A. De C.V. Almacenajes Y Maniobras, S.A. De C.V., Frigorífico De Manzanillo, S.A. De C.V., Operadora De La Cuenca Del Pacífico, S.A. De C.V., Transportes Manzanillo, S.A. De C.V., Machinery And Leasing, S.A. De C.V., Integradora De Administración Logística, S.A. De C.V., Técnicos Portuarios, S.C., Técnicos En Operación Y Mantenimiento Portuario, S.A. De C.V., Soluciones Especializadas en Administración Integral, S.A. De C.V. and Fundación Ocupa AC hereinafter GRUPO OCUPA, issue the present Privacy Notice in enforcement of and compliance with The Law, which was published last July 5, 2010 in the Official Journal of the Federation (DOF by its Spanish acronym), applying guidelines, policies, and procedures to protect your information. For that effect we inform you that personal data that you have decided to share, including those that the “Law” defines as sensitive, will be handled under confidentiality and security measures provided for such purposes.
A. Identity and address from who is responsible: Ocupa Holding, S.A. De C.V. Almacenajes Y Maniobras, S.A. De C.V., Frigorífico De Manzanillo, S.A. De C.V., Operadora De La Cuenca Del Pacífico, S.A. De C.V., Transportes Manzanillo, S.A. De C.V., Machinery And Leasing, S.A. De C.V., Integradora De Administración Logística, S.A. De C.V., Técnicos Portuarios, S.C., Técnicos En Operación Y Mantenimiento Portuario, S.A. De C.V., Soluciones Especializadas en Administración Integral, S.A. De C.V. and Fundación Ocupa AC, that is, GRUPO OCUPA and its affiliate companies depending on the concerned company, according to the services that you decide to hire from each of them; they are located at:
Avenida Central L1 ME, Col. Fondeport, Manzanillo, Colima CP. 28219. Ph: 3143312600.
B. Obtained and subject to handling personal data.
Your personal data will be used for proper delivery of hired services. Personal data that may be gathered without limitation, are gathered and classified under the following personal data categories:
1) Identification data, 2) Personal data, 3) Employment data, 4) Economic, financial data.
a) GENERAL DATA: When you provide your name, address, date of birth and/or incorporation date, country of birth, nationality, gender, age, marital status, occupation, profession, activity or line of business, phone numbers, e-mail address, Unique Population Registry Key (CURP, by its Spanish acronym), Federal Taxpayer Registry (RFC, by its Spanish acronym), as well as the serial number of your Advanced Electronic Signature. For the purposes mentioned in this Privacy Notice, we may gather your personal data in different manners, for example: when you provide it directly, when you visit our web site, when we obtain information through other sources such as phone books, business directory, workplace directory, etc., and that are permitted by Law.
C. Handling of sensitive personal data.
SENSITIVE PERSONAL DATA: We hereby inform you that in order to comply to the purposes intended in this Privacy Notice, personal data considered by Law as sensitive may be gathered and handled; for that purpose the person RESPONSIBLE for handling such information undertakes the handling of such data under highly strict security measures to guarantee confidentiality.
When such sensitive personal data is requested by the RESPONSIBLE party, owners of such data may refuse to provide such data, in which case the delivery of particular services will not be possible.
D. Purposes of handling.
Original and necessary purposes: Management, communication control and administration, requests, quotes and budgets related to offer and delivery of services, as the case may be and expressly requested by users and/or employees of GRUPO OCUPA.
i. Customer registration over the platform in order to schedule services and notifications related to hired services.
Customers and Suppliers
i. For foreign trade service delivery.
ii. Management of corresponding invoices.
iii. Deliver advice and information related to services’ period of validity, quote and collections.
E. Personal data exchanges.
Your personal data may be exchanged and handled by a person different than the RESPONSIBLE party, in or outside Mexico, under the following instances:
1. Holding, subsidiary, or affiliated companies from the RESPONSIBLE party, or a Parent Company, for statistical and historical record purposes.
2. Holding company, subsidiaries and affiliates in order to centralize collections.
3. Holding company, subsidiaries and affiliates in order to centralize supplier portfolio and compliance rating.
F. Data exchange consent.
Exchange of your personal data in the case referred to in the previous section does not require your consent.
In any other case, your personal data will be exchanged with third parties without prior informed consent, except for those cases stipulated in article 37 of the Data Protection Federal Law (LFPD, by its Spanish acronym) and in such case complying to conditions stipulated in article 17 of the Regulation of the LFPD.
G. ARCO RIGHTS: Both you and your legal representative have the right to access your personal data that we hold, as well as to details of its handling, and to rectify such data in case it is inaccurate or incomplete; cancel it when considering that it is not necessary for any of the purposes stated in this Privacy Notice, or that it is being used for unconsented purposes or the contractual relationship has ended, or otherwise oppose to the handling of data for specific purposes (ARCO rights). The mechanism implemented for the exercise of such rights is through submission of the corresponding application:
1.Directly to the Responsible party at the indicated address or asking through the aforementioned contact method. Your request should include the following information:
•Name and address of owner or another contact method in order to notify you the response to your request.
•Documents that prove identity or legal representation of the owner.
•Clear and precise description of personal data regarding those for which you seek to exercise any of the aforementioned rights.
•Any other document that facilitates the location of personal data.
The Responsible party will notify, in a maximum period of twenty working days, counting from the date of reception of the corresponding application, the finding adopted. If the request is approved, it will become effective during the fifteen working days following the date in which the person Responsible notifies the answer. In the case that the information provided in your application is incorrect or insufficient, or does not have the necessary documentation attached, in order to prove your identity, or the corresponding legal representation, the person Responsible will request remedy of deficiencies in order to be able to process it in a period of five working days following reception of the application. In such cases, you will have a period of ten working days to answer to the remedy request, counting from the next day after receiving such request. The corresponding request will be considered unattended should you fail to answer during such period.
You will be able to obtain the requested information or personal data on uncertified copies, conventional format electronic documents (Word, PDF, etc.), through restricted and authorized Access to the system that handles your personal data (Access) or through any other legal mean that guarantees and certifies the proper exercise of the requested right.
The use of electronic means for the exercise of ARCO rights authorizes the person responsible to answer to the corresponding request through the same means, unless the owner clearly and expressly indicates another mean.
It is important to mention that the exercise of any of the aforementioned rights is not a previous requirement nor it prevents the exercise of other rights.
Also, we inform you that you are entitled to begin a Data Protection Proceeding before the Federal Institute for Information Access and Data Protection (IFAI, by its Spanish acronym) (www.ifai.gob.mx) during a period of 15 working days after receiving the answer of the person Responsible, or after conclusion of the 20 working days period counting from the day your request for exercising rights, mentioned in previous section a), was received. For more information please contact the person Responsible.
H. DENIAL TO ACCES PERSONAL DATA: GRUPO OCUPA, may deny total or partial access to Personal Data or completion of correction, cancelation or objection to the handling of personal data, based on the following:
- When the petitioner is not the owner or the legal representative is not certified for that purpose.
- When GRUPO OCUPA Database, as the case may be, does not contain Personal Data of the petitioner.
- When rights of a third party are undermined.
- When legal impediment or decision by a competent authority exists.
- When correction, cancelation, or objection has been previously done, so that the request lacks matter.
I. REVOCATION OF CONSENT FOR PERSONAL DATA HANDLING: You may revoke your consent for data protection handling, without retroactive effect, in any such cases in which such revoke does not entail failure to comply with obligations resulting from a current legal relationship between you and the Responsible party.
Unfailingly, you or your legal representative may revoke the consent you have granted us for personal data handling, in order for us to stop using them. Procedure for revoke of consent, as the case may be, will be the same stated in the immediately preceding section regarding exercise of ARCO rights.
J. Limitations on personal data disclosure.
You may limit the use or disclosure of your personal data by presenting the corresponding request to our Personal Data Department. Requirements to prove your identity, as well as the procedure to meet your request, will be the same stated in section G) of this Privacy Notice (Exercise of ARCO rights).
GRUPO OCUPA declares that it has adequate security measures for the protection, integrity, confidentiality, and assurance of your personal data, access to which will be restricted to duly authorized persons and its handling prohibited in contravention to what is stated in this Privacy Notice.
GRUPO OCUPA will inform its employees, representatives, subcontractors, or advisors that may have access or by any other means handle personal data of the Owner, on every obligation they have regarding protection of such data in compliance with provisions of this Privacy Notice and current applicable legislation.
GRUPO OCUPA, its employees, representative, subcontractors, advisors, and/or third parties that take action at any stage of the owner’s personal data handling, must observe confidentiality in this regard, obligation that will survive after termination of the relationship between AON and the Owner.
K) PERSONAL DATA EXCHANGE: Your personal data may be exchanged and handled in and outside the country, by people unrelated to this company and for the purposes that have been stated in this privacy notice. In cases provided in article 37 of the “Law”, owner consent will not be required in order to Exchange its personal information with third parties, Exchange that will have to take place under the terms established by the same “Law” in article 37.
If you do not manifest your objection for the exchange of your personal data, it will be assumed that you have granted tacit consent in this regard.
In order to guarantee protection of your Personal Data and limit use or unauthorized disclosure, the following actions will be taken:
a) Information confidentiality. The companies that are part of GRUPO OCUPA will observe confidentiality regarding your gathered Personal Data, confidentiality that will survive after termination of contractual relationship or of any other nature with owner of such Personal Data, understanding that the use of your data for the purposes stated in this Privacy Notice will not be taken as failure on Information Confidentiality.
b) Confidentiality notice. In the case that, for any reason, the companies that are part of GRUPO OCUPA need to provide your Personal Data to third parties (under terms provided in the “Law” or in this Privacy Notice), they will notify the third parties of the obligations to comply with provisions of the “Law” and confidentiality of your Personal Data.
c) Computer and information systems. Our Databases are protected by firewalls and computer and/or information systems aimed to prevent and avoid people external to our affiliate companies and (or) that are not part of the business group known as GRUPO OCUPA, or unauthorized, from accessing your Personal Data.
L) AUTOMATIC MEANS FOR PERSONAL DATA GATHERING.
For the purposes of this section, the “web site” includes mobile applications from the person Responsible and other companies of the Group.
Personal data that, as the case may be, is gathered through web sites, will be gathered for performance of the purposes described in this Privacy Notice. In every case, the person Responsible will identify the type of data requested and the specific purpose for which it will be used.
In some cases, the person Responsible will gather your personal data through web sites or web platforms. In such cases, the person Responsible will place “cookies” in your device or other means of tracking, such as those described below. In other cases, placement of this means will allow the person Responsible to improve efficiency of GRUPO OCUPA web sites and its marketing activities.
In addition, the person Responsible may use tracking technology such as “web beacons” to gather data on your visits to other GRUPO OCUPA web sites. This are small electronic images embedded in the web content or e-mail messages and they are not usually visible to users. As the cookies, this tracking technology allows us to track sites and contents accessible and within reach of users in GRUPO OCUPA web sites. The use of this technology also helps us to deliver a positive experience when browsing through our web sites, as well as to refine our content and customize your experience.
M) CHANGES OR UPGRADES TO THIS COMPREHENSIVE PRIVACY NOTICE.
The person Responsible may change, upgrade, expand, or in any other manner change the content and scope of this Privacy Notice, at any moment and under its complete discretion. In such cases, the person Responsible will notify such changes through the following web site:
and, as the case may be, via e-mail, when such mean has been established as communication channel between you and the person Responsible.
Updated August 3, 2017.