PRIVACY NOTICE related to personal data, collected by OSMO DIGITAL Hereinafter referred to as ("OSMO DIGITAL")
1.1. OSMO DIGITAL IS A COMPANY COMMITTED TO AND RESPECTFUL OF THE RIGHTS OVER THE PERSONAL DATA OF NATURAL PERSONS, RECOGNIZED IN ARTICLE 16, SECTION II OF THE POLITICAL CONSTITUTION OF THE UNITED MEXICAN STATES, AS WELL AS THE FEDERAL LAW ON THE PROTECTION OF PERSONAL DATA IN POSSESSION OF INDIVIDUALS, HEREINAFTER REFERRED TO AS LFPDPPP (ACRONYM IN SPANISH). THEREFORE, THE PRESENT PRIVACY NOTICE IS MADE AVAILABLE TO YOU, IN SAY THAT THE HOLDER OF THE PERSONAL DATA, IS ENTITLED TO EXERCISE THEIR RIGHT TO SELF-DETERMINATION OF INFORMATION.
1.2. THIS PRIVACY NOTICE IS MADE AVAILABLE TO THE HOLDERS ON THE INTERNET PAGE WHOSE DOMAIN NAME IS: www.osmodigital.com, HEREINAFTER REFERRED TO AS OSMO DIGITAL WEBSITE.
1.3. YOU (HEREIN REFERRED TO AS THE "HOLDER" OR THE "HOLDER") BY ENTERING AND USING THE OSMO DIGITAL WEBSITE, DECLARE THAT YOU UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND CONSENT FOR SUCH EFFECT OF ELECTRONIC MEDIA, IN TERMS OF THE PROVISIONS OF ARTICLE 1803 OF THE FEDERAL CIVIL CODE.
1.4. IF THE HOLDER DOES NOT ABSOLUTELY AND COMPLETELY ACCEPT OF THE TERMS AND CONDITIONS OF THIS NOTICE, THE HOLDER MUST REFRAIN FROM PROVIDING ANY KIND OF PERSONAL DATA TO OSMO DIGITAL BY ANY MEANS INCLUDING THE INTERNET PAGE.
1.5. IN THE EVENT THAT THE HOLDER CONTINUES TO USE THE OSMO DIGITAL WEBSITE, WHETHER IN TOTAL OR A PARTIAL WAY, SUCH ACTION WILL BE CONSIDERED AS YOUR ABSOLUTE AND EXPRESS ACCEPTANCE OF THE PRIVACY NOTICE PUBLISHED BY OSMO DIGITAL ON THE INTERNET REFERENCE PAGE. THE MOMENT IN WHICH THE HOLDER PROVIDES THEIR PERSONAL DATA AND / OR IN WHICH THIS PRIVACY NOTICE IS MADE AVAILABLE OR ACCESSED.
1.6. THE PARTIES DECLARE THAT SINCE THERE IS NO ERROR, MALICE, BAD FAITH OR ANY OTHER VICE OF THE WILL THAT COULD NULLIFY THE VALIDITY OF THIS INSTRUMENT, THEY BOTH AGREE TO BE BOUND BY THE FOLLOWING PROVISIONS:
2.1.- Personal Data.- Any information concerning an identified or identifiable natural person.
2.2.- Sensitive Personal Data.- Those personal data that affect the most intimate sphere of the HOLDER, or whose improper use may give rise to discrimination or entail a serious risk for it. In particular, those that may reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, union affiliation, political opinions or sexual preference, are considered sensitive.
2.3. Holder.- The natural person (HOLDER) to whom the personal data identifies or corresponds.
2.4. Responsable. Individual or legal entity (OSMO DIGITAL) of a private nature who decides on the processing of personal data.
2.5. Person in charge.- The natural or legal person that alone or jointly with others processes personal data on behalf of the person in charge.
2.6. Treatment.- Obtaining, using (which includes access, handling, use, transfer or disposition of personal data), disclosure or storage of personal data by any means.
2.6.1. Transfer.- Any communication of data made to a person other than the person in charge or in charge of the treatment.
2.6.2. Remission.- The communication of personal data between the person in charge and the person in charge, inside or outside the Mexican territory.
2.7. Third.- The natural or legal person, national or foreign, other than the HOLDER or the person responsible for the personal data.
2.8. ARCO Rights.- Rights of access, rectification, cancellation and opposition.
2.9. Tacit Consent.- It will be understood that the owner has consented to the processing of the data, when the Privacy Notice having been made available to him, he does not express his opposition.
2.10. Primary Purposes.- Those purposes for which personal data are mainly requested and for which the relationship between OSMO DIGITAL and THE HOLDER is originated.
Identity and address of the person in charge
3.1. The person responsible for obtaining and processing personal data is OSMO DIGITAL, which undertakes to respect the provisions of this Privacy Notice (hereinafter the "Notice" or "Privacy Notice" interchangeably), which is made available to you in compliance to the provisions of the Federal Law on Protection of Personal Data Held by Individuals (hereinafter, indistinctly "LFPDPPP" or "The Law") and, is applicable with respect to personal data, which are collected on the occasion of promotions and contests that OSMO DIGITAL carries out, as well as those obtained as a result of the activities carried out with candidates, workers, clients, prospects of clients, suppliers, prospects of suppliers and / or business partners or service providers, visitors or winners of the promotions or contests to the facilities, visitors to THE OSMO DIGITAL WEBSITE as well as users of the social networks in which OSMO DIGITAL participates.
3.2. The address that OSMO DIGITAL establishes for the purposes of this notice is located at Calzada Central No. 45, Ciudad Granja neighborhood, Zapopan, Zip Code 45010, Jalisco, Mexico.
Personal data that is collected
4.1. The HOLDER acknowledges and accepts that OSMO DIGITAL may obtain, directly and / or through managers, the following personal data, taking into account the relationship with each HOLDER:
4.1.1. Candidates or workers:
Occupation or professional career, age, gender, tax ID., social security number, driver's license number, school data, knowledge of languages and computer and office equipment, employment information, employment preferences, employment references, personal references, availability to travel, as well as any other data that THE HOLDER decides to share by sending OSMO DIGITAL their resume, etc. Copy documentation: Birth certificate, social security number, valid official identification, proof of studies, proof of address, resume.
4.1.2. Clients, suppliers and / or service providers: name, image, address, SSN, tax ID, tax data, account statement, contact and position data, area, landlines and mobile phones, emails, signature. Documentation in copy: Official identification, commercial and / or personal references.
4.1.3. Visitors or Winners of promotions or contests. Name, address, signature, social media user and photograph. Documentation. Valid official identification.
4.1.4. User of THE OSMO DIGITAL WEBSITE and social networks: information published in the social network profiles, name, photographs, email. Documents Those that the user decides to attach to the website.
4.2. THE HOLDER in this act, grants their express consent in terms of article 8 of the LFPDPPP, so that OSMO DIGITAL, treats their personal data, including the personal financial and / or patrimonial data contained in this clause, to fulfill the purposes established in the this Privacy Notice.
4.3. The HOLDER in this act, under protest of telling the truth, accepts that the data that he has provided to OSMO DIGITAL are true, current and correct. In addition, it undertakes to remove OSMO DIGITAL safely from any demand or claim, derived from errors in the data that it has provided.
4.4. OSMO DIGITAL states that it will not treat sensitive personal data of the HOLDER of any kind.
4.5. OSMO DIGITAL states that it may obtain the personal data of THE HOLDER through the so-called sources of public access, in order to validate, update and contact THE HOLDER, respecting at all times the reasonable expectation of privacy, referred to in article 7 of the LFPDPPP.
4.6. OSMO DIGITAL will use IP information (Internet Protocol) to analyze any type of threats to THE OSMO DIGITAL WEBSITE, as well as to collect demographic information. However, the IP information, in no case will be used to identify the HOLDERS,
Use of "Cookies" and "web beacons"
5.1. OSMO DIGITAL acknowledges that the OSMO DIGITAL WEBSITE may use "cookies" in connection with certain features or functions. Cookies are specific types of information that a website transmits to the HOLDER's computer hard drive in order to maintain records. Cookies can be used to facilitate the use of a website, by saving passwords and preferences while THE HOLDER browses the Internet.
5.2. THE OSMO DIGITAL WEBSITE does not use or save cookies to obtain personal identification data from the OWNER's computer that was not originally sent as part of the cookie.
5.3. For their part, "web beacons" are images inserted into an Internet page or email, which can be used to monitor the behavior of a visitor, such as storing information about the user's IP address, duration of interaction time in said page and the type of browser used, among others.
5.4. Although most browsers accept "cookies" and "web beacons" automatically, THE HOLDER can configure browsers so that it does not accept them.
5.5. To disable "cookies", you must follow the following instructions:
a) Internet Explorer: http://support.microsoft.com/kb/283185;
d) Safari IPAD: http://manuals.info.apple.com/en_US/iPad_iOS4_User_Guide.pdf;
f) Chrome: http://support.google.com/chrome/bin/answer.py? hl=es&answer=95647
Purposes of the processing of personal data
6.1. OSMO DIGITAL accepts and acknowledges that it may process directly or through managers, the OWNER's personal data, in accordance with the type of relationship it has with it, for the following primary purposes:
6.1.1. The HOLDER- Candidate:
a) Get in touch with the HOLDER, via email in order to monitor, evaluate the experience and studies of THE HOLDER, to find out the viability of being selected and the chances of success in the position they intend to perform.
b) Carry out a physical or digital file of the HOLDER that will be kept in the Human Resources offices of OSMO DIGITAL, for up to 5-five years, in case of not being selected for the position that the Candidate intends to perform.
6.1.2. The HOLDER- Worker:
a) Carry out a physical or electronic file of the HOLDER-Worker, which will be kept by OSMO DIGITAL, throughout the term of the employment relationship and for 5 to five years after the end of it.
b) Carry out the necessary procedures to register, cancel or modify the registry of the HOLDER-Worker, in the institutions that are required.
c) Carry out the necessary procedures to obtain the debit card, for the deposit of the salary and other benefits generated in favor of the HOLDER-Worker.
d) Carry out the process of payment of salary and benefits of the HOLDER-Worker, as well as discounts of alimony required by court order.
e) Keep an attendance control through the mechanism designated by OSMO DIGITAL.
f) Manage with airlines and hotels the business trips that the HOLDER-Worker requires.
g) Issue the labor certificates required by the HOLDER- Worker.
h) Register the HOLDER-Worker in courses, seminars, workshops, or any other type of training organized by third parties, related to the activities or business of OSMO DIGITAL.
i) Issuance of certificates of participation in courses, seminars or workshops organized by OSMO DIGITAL.
j) Preparation of letters or contracts for the assignment of work tools required by the HOLDER-Worker for the execution of their work activities.
k) Display the file of the HOLDER-Worker, to certify compliance with the processes in quality audits or accounting audits, which are periodically performed at OSMO DIGITAL by third parties certified in the corresponding matter.
6.1.3. The HOLDER-Client and / or Client Prospect:
a) Contact you by phone or email, to attend and follow up on requests for services or products.
b) Register and update the data in the internal business administration system, for access to personal data by the persons authorized to do so.
c) Carry out and store a physical and / or electronic file of the HOLDER-Client for the duration of the commercial relationship and for up to 10-10 years after the termination of the commercial relationship.
d) Preparation of electronic invoicing and credit notes derived from the services and / or products that it commercializes
e) Carry out transactions with credit institutions, resulting from commercial operations.
6.1.4. The HOLDER-Provider and / or Provider Prospect:
a) Register the Supplier's profile in the internal administration system for access by authorized personnel, which will be kept for the duration of the business relationship and for 10- ten years after it has ended.
b) Contact you by phone, by email or by any other means, to follow up on requests for services and / or products that you require.
c) Make bank transfers due to product requisitions made to you.
d) Make clarifications about payments.
e) Keep a physical and / or electronic file of the Provider for the duration of the business relationship and for 10-10 years after its termination for any reason.
6.1.5. The HOLDER-Visitor or Winner of promotions or contests:
a) Carry out the necessary procedures for the delivery of the prizes to which the HOLDER is credited in the cases in which they participate in the promotions or contests that OSMO DIGITAL carries out.
b) Make video and / or audio testimonials of the winners of promotions or contests.
c) The video recording of the visitors to the facilities that will be kept for up to 3-3 weeks from when they are obtained, to take care of the safety of people and property within the facilities.
6.1.6. The HOLDER – User of THE OSMO DIGITAL WEBSITE:
a) Contact the HOLDER-User via email, to attend and follow up on their comments or requests for services.
b) To access the social networks in which OSMO DIGITAL participates.
c) To make the necessary registrations to participate in the promotions and / or dynamics that OSMO DIGITAL and / or third parties organize.
d) To create a database of Users of the OSMO DIGITAL WEBSITE, which will be kept for a period of 5 to five years from its obtaining.
6.2. OSMO DIGITAL will process the OWNER's personal data for the following secondary purposes:
a) In the case of the HOLDER-Client, evaluate the quality of the services and / or products offered by OSMO DIGITAL, as well as the quality of attention to their comments or requests.
b) Carry out internal studies on consumer habits.
c) To provide you with additional communications, information and promotions, such as newsletters and invitations to events.
d) Inform via email about changes or new products and / or services that are related to the product and / or service requested by the HOLDER.
e) Generate internal reports on the use of THE OSMO DIGITAL WEBSITE.
f) Massive mail marketing shipments.
g) To contact the HOLDER-User in order to inform him of updates to THE OSMO DIGITAL WEBSITE, informational messages and related to services, including important security updates.
h) In the case of THE HOLDER-Worker, provide references about their performance and personal characteristics of the HOLDER-Worker, either to future employers or credit institutions, up to a period of 5 to five years after the employment relationship has ended.
i) In the case of THE HOLDER-Candidate, share data with other Job Exchanges, according to the usual exchange that exists between personnel recruiters.
j) In the case of THE HOLDER-Worker, send communications by any means of advertising or discounts offered by third parties to the HOLDER-Employees of OSMO DIGITAL.
k) In the case of THE HOLDER-Worker, the contracting with third parties of life insurance or major medical expenses that are offered to the HOLDERS-Employees of OSMO DIGITAL.
6.3. In the event that the owner does not want their personal data to be used for all or some of the secondary purposes established in section 6.2., They must send a request for revocation of their consent, specifying the purposes for which they wish not to your personal data is processed, to the following email: email@example.com
Limitations for access and disclosure of personal data
7.1. OSMO DIGITAL undertakes to make its best effort to protect the security of the personal data that the HOLDER is giving it, through the celebration of legal acts, the use of antivirus technologies and systems, which control access, use or disclosure without authorization of the personal information; For this purpose, personal information is stored in databases with limited access that are located in facilities controlled with security mechanisms; OSMO DIGITAL undertakes that the information provided by the HOLDER, is considered confidential, and used under full privacy.
7.2. In this tenor, OSMO DIGITAL is obliged to take the necessary measures to guarantee that the managers it uses comply with the provisions of this Privacy Notice, with the obligations in charge and particularly, with the provisions established in article 50 of the Regulation of the LFPDPPP.
7.3. Likewise, OSMO DIGITAL undertakes to contract cloud computing services that process the personal data of the HOLDERS, provided that they respect the provisions of article 52 of the LFPDPPP Regulations.
Designated to process the applications of the HOLDERS
8.1. In the event that the HOLDER needs to revoke their consent, as well as Access, Rectify, Cancel or Oppose the processing of the personal data that they have provided, they must do so through the Committee appointed by OSMO DIGITAL, whose contact details are described below:
Designated: Privacy Committee.
Means to revoke consent
9.1. The HOLDER of the personal data may revoke the consent granted with the acceptance of this. Said revocation of consent that is granted by electronic means, must be done observing the following procedure, using the format that OSMO DIGITAL makes available to you:
9.2. Send an email in attention to the Privacy Committee designated in point 8-eight of this Notice, through which said requests will be attended to.
9.3. Send a request or data message to the email specified above, in which you indicate:
9.3.1. The full name of the HOLDER, address and email to receive the response generated on the occasion of your request.
9.3.2. The reason for your request.
9.3.3. The arguments that support your request or petition.
9.3.4. Official document that proves your identity and proves that you are who you say you are.
9.3.5. Date from which the revocation of your consent becomes effective.
9.4. OSMO DIGITAL will notify the HOLDER in writing, via email, within a maximum period of 20-twenty days, counted from the date on which the request to revoke your consent for any or all secondary purposes was received, the resolution adopted, to The effect that, if appropriate, it becomes effective within 15-fifteen days following the date on which the response is communicated, by means of a message containing that it has carried out all the acts aimed at revoking the consent of the HOLDER.
Ways to exercise ARCO rights
10.1. In the event that the HOLDER needs to Access, Rectify, Cancel or Oppose the processing of their personal data that they have provided to OSMO DIGITAL, the HOLDER must follow the following procedure, using the format that OSMO DIGITAL puts at their disposal:
10.2. Send an email in attention to the Privacy Committee, designated in point 8-eight of this Notice, by means of which said requests will be attended, noting the following:
10.2.1. The full name of the HOLDER, address and email to receive the response generated on the occasion of your request.
10.2.2. The reason for your request.
10.2.3. The arguments that support your request or petition.
10.2.4. Official document that proves your identity and proves that you are who you say you are.
10.2.5. Clear and precise description of the personal data with respect to which one seeks to exercise any of the ARCO rights, and any other element or document that facilitates the location of the personal data.
10.2.6. In the case of requests for rectification of personal data, the HOLDER must indicate, in addition to what is indicated, the modifications to be made and provide the documentation that supports her request.
10.3. OSMO DIGITAL will notify the HOLDER, within a maximum period of 20-twenty days from the date on which the request for Access, Rectification, Cancellation or Opposition was received, the resolution adopted, in order that, if appropriate, the same within 15-fifteen days following the date the response is communicated. In the case of requests for Access to personal data, the delivery will proceed after proof of the identity of the applicant or legal representative, as appropriate.
Transfer of personal data
11.1. OSMO DIGITAL will transfer the personal data of the HOLDER in favor of third parties, for the following purposes:
11.1.1. IMSS INFONAVIT and SAT, and / or its equivalents in the United States of America and Canada, in order to comply with labor legislation, social security, as well as the payment of taxes.
11.1.2. Banking institutions, in order to collect or pay for the products or services, or the payment of workers' wages, that OSMO DIGITAL requires or offers for its customers, suppliers and workers.
11.1.3. THE HOLDER accepts and acknowledges that the transfers described above are necessary to comply with the obligations that OSMO DIGITAL has agreed upon with the HOLDER, therefore, their consent is not required for said transfers.
11.2. Notwithstanding the foregoing and, in the event of security breaches occurring in any phase of the treatment, which significantly affect the economic or moral rights of the HOLDERS, they will be informed by email, immediately, in order to that the latter can take the corresponding measures to defend their rights, disclaiming any responsibility to OSMO DIGITAL, if the violation is not attributable to him.
12.1 The parties agree that the Privacy Notice may be modified in the time and form that OSMO DIGITAL determines, taking into account the study and the regulations regarding the protection of personal data arise, for which it is obliged to keep this Notice updated, in order to your query on THE OSMO DIGITAL WEBSITE, so that, in your case, THE HOLDER is able to exercise their ARCO rights.
13.1. If you consider that your right to the protection of your Personal Data has been harmed by any conduct or omission on the part of OSMO DIGITAL, or you presume any violation of the provisions set forth in the Federal Law on Protection of Personal Data Held by Private Parties, your Regulations and other applicable regulations, you may file your disagreement or complaint with the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI). For more information, we suggest you visit their official website www.inai.org.mx.
Applicable law and jurisdiction
14.1. The parties express that this Privacy Notice will be governed by the legal provisions applicable in the Mexican Republic, especially by the provisions of the Federal Law on Protection of Personal Data Held by Private Parties and its Regulations.
14.2. In the event that there is a dispute or controversy, derived from the interpretation, execution or fulfillment of the Notice or any of the documents derived from it, or that are related to it, the parties amicably, will seek to reach an agreement within of a period of 30 - thirty following calendar days, counted from the date on which any difference arises and the counterpart is notified in writing about said event, deducting the mediation process in the Superior Court of Justice of Guadalajara and its Internal Regulations, in force at the time the dispute arises.
14.3. In the event that the parties do not reach an agreement, they agree in this act to submit all the disagreements that derive from this Privacy Notice or from any of the documents that derive from it, or that are related to it or to those, to be resolved definitively, submitting to the jurisdiction and laws of the Federal Administrative Authorities or Courts of Guadalajara, expressly renouncing any other jurisdiction that may correspond to them for reasons of their present or future addresses.