Privacy Notice

PRIVACY NOTICE

In "CONTRACTUALIS", we are committed to protecting the privacy of our customers, so we take our data protection responsibilities with the utmost seriousness.

CONTRACTUALIS, S.A.P.I. DE C.V., hereinafter referred to as "CONTRACTUALIS", with address at Adolfo Cano, number 116, Nueva Chapultepec, zip code 58280, Morelia, Michoacán de Ocampo, Mexico, is responsible for the treatment and protection of your personal information and informs you of the treatment policy regarding its collection, understood as any action of access, handling, use, transfer or disposal, as well as disclosure, storage and protection of personal data, which in the future will be the “PRIVACY NOTICE”, which together with any other legal document that establishes or regulates our legal relationship with you, governs the processing of your personal data, as detailed below:

This "PRIVACY NOTICE" applies both to web pages, web or mobile applications, software, computer services and applications in general, that make up the website https://contractualis.com as well as to related sites, applications and tools with the  "SERVICES" that we offer through said platforms or interfaces, which will hereinafter be called "SITES", without distinction of the form, means or procedure used to access or use them.

"CONTRACTUALIS" structures its "PRIVACY NOTICE" in accordance with the principles of legality, consent, information, quality, purpose, loyalty, proportionality, and responsibility in terms of the provisions of article 6 of the Federal Law of Protection of Personal Data in Possession of Individuals.

The "SERVICES" offered by "CONTRACTUALIS" through the "SITES", consist of providing our users with an interface for the expression of will by electronic means by digitally signing documents, thus assigning a certain date to the legal acts thus signed, in accordance with the provisions of our Terms of Use.

As well as any other service, functionality or application that is extended or implemented in the "SITES" and previously notified and, where appropriate, contemplated in its legal scope in our Terms of Use, collectively referred to as the "SERVICES".

For the purposes of this "PRIVACY NOTICE", the owner of the data will be the natural person of legal age with full legal capacity to whom the personal information corresponds and is a "USER"  of the "SITES" or is related to "CONTRACTUALIS" in under the "SERVICES" , as well as the moral person, with its own legal personality, to whom the personal information corresponds and, through a legal representative, is a "USER" of the "SITES" or has a relationship with "CONTRACTUALIS" under the "SERVICES".

TERMS.

For the purposes of this "PRIVACY NOTICE", the following linguistic terms will have the meaning attributed to them below, with said meaning applicable to the singular and plural of the definitions:

USER: Person who uses the services provided on the "CONTRACTUALIS" "SITE", either by their own right or on behalf of another natural person or company, with valid and sufficient legal powers to do so, even without having an "ACCOUNT".

SERVICES: Refers to the provision of an interface for the "USER" to electronically and digitally sign all types of documents using the "DIGITAL SIGNATURE" or "FIEL", as well as stamp the "TIME STAMP" and the "DIGITAL TIME STAMP" on all types of documents through the "SITE"; understood signature, time stamp and "STORAGE" of electronic documents that digitizes, creates, scans, displays, generates or receives "CONTRACTUALIS" through the "SITE", in accordance with what is detailed in CHAPTER III. SCOPE OF SERVICES", of these Terms of Use.

SITE: Refers to the website https://contractualis.com, as well as other sites, web or mobile apps, software, computer services, tools and apps in general, related to our digital platform and the "SERVICES" executable on the same website.

CERTIFYING AUTHORITY: Includes the dependencies and entities of the Federal Public Administration and the providers of certification services that, in accordance with articles 23 and 24 of the Advanced Electronic Signature Law, have recognized this quality, as well as with said attribution or faculty, and have the technological infrastructure for the issuance, administration and registration of digital certificates, as well as to provide services related to them.

Regarding the terminology used and not detailed, the "USER" may refer to the content of the Terms of Use of "CONTRACTUALIS" , which can be accessed through the "SITE" or by clicking on the following link: https://contractualis.com/terms-and-conditions

PERSONAL DATA SUBMITTED TO TREATMENT.

By virtue of the "SERVICES", "CONTRACTUALIS" obtains from you as a "USER", from the "CERTIFYING AUTHORITY" and/or any person related to the use of the "SERVICES", personally, directly, or indirectly the following personal data:

• Name.
• Age.
• Telephone (Cell phone, home, office).
• Email.
• Contact means.
• Fiscal data (Name or business name, fiscal domicile, federal taxpayer registry).
• Financial data, such as bank account numbers and/or full credit or debit card numbers.
• As well as those data related to the digital Certificate or CER file, so in accordance with the description of article 17 of the Advanced Electronic Signature Law, "CONTRACTUALIS"may have access to the following information contained therein:
  • Serial number;
  • Certifying authority that issued it;
  • signature algorithm;
  • Validity;
  • Name of the holder of the digital certificate;
  • Email address of the holder of the digital certificate;
  • Unique Key of the Population Registry (CURP) of the holder of the digital certificate;
  • public key; and
  • The rest of the data that, as additional requirements, is established by the Advanced Electronic Signature Law.

Additionally and exclusively for the purpose of providing the services, we may have access to the data contained in the electronic documents that are signed through the "SITE".

The non-existence of sensitive personal documents is highlighted, so no distinction is made, since the "USER"  does not reveal aspects such as racial or ethnic origin, present or future health status, genetic information, religious, philosophical and moral beliefs, political opinions and sexual preference, which may give rise to discrimination or serious risk, in accordance with article 3, section X, of the General Law on the Protection of Personal Data Held by Obliged Subjects .

Finally, "CONTRACTUALIS" may obtain data regarding the pages to which you have access, the IP address and/or identifiers of your device, operating system in use, location, mobile network information, standard Web log data, browser you are using and the traffic to and from the “SITES”.

PURPOSES OF DATA PROCESSING.

Unless you as the owner provide otherwise through the means described in this "PRIVACY NOTICE", your personal data in our possession is intended to be used in relation to the efficient provision, development and operation of the "SERVICES" under the legal relationship that you create with "CONTRACTUALIS", as well as for the design, evaluation and improvement thereof, promotion and notification of advertising campaigns, statistics or surveys, and where appropriate, compliance with the legal requirements of competent authorities.

"CONTRACTUALIS" will use your information specifically for the purposes detailed below:

• Identification and contact.
• Execution of collections or payments in relation to the "SERVICES".
• Issuance of digital tax receipts.
• Register as a user to access the "SITES".
• Administration, operation, provision, or realization of the "SERVICES".
• Sending notifications, notices, advertising, or information related to the services.
• Verification of digital certificate through the means made available or authorized by the "CERTIFICATION AUTHORITY".
• Provide technical support in relation to the “SERVICES”.
• Help prevent or limit potentially prohibited or illegal activities.
• Solve problems and resolve controversies that may arise in relation to the "SERVICES".
• Know your use and interaction with the “SITES”.
• Recognition and personalization as a "USER" of the "SERVICES".

TREATMENT OF PERSONAL DATA.

In accordance with the purposes previously indicated, "CONTRACTUALIS" may obtain your personal information in the forms or means defined below:

• Personally when you deliver it physically and directly to a representative, employee or collaborator of "CONTRACTUALIS" .
• Electronically (email or web form) and directly when you provide it on the “SITES” as a user or in relation to the services.
• Indirectly through third parties duly authorized for this purpose, such as certifying authorities or banking institutions, in accordance with applicable legislation and with the provisions of our Terms of Use.
• By electronic means (your access device, whether computer, mobile phone or other known or unknown) or encrypted data files (Cookies) when you visit "SITES", the latter can be blocked, deleted or disabled by you directly in your preferences of browser.

USE OF COOKIES.

“CONTRACTUALIS” uses its own and third-party cookies for various reasons. Some cookies are necessary for technical reasons for our “SITES” to work, and we call them “essential” or “strictly necessary” cookies. We use these Essential Cookies to:

• The login to our “SITES”;
• The protection of your security and registration;
• Detect and combat spam, abuse and other activities that violate the terms and agreements of the "USER" of "CONTRACTUALIS"; Y
• To authenticate the access of the "USER" to any of the "SITES".

Other cookies remember information about your browser and your preferences. For example, cookies help us remember your preferred language or the country in which you are located. We can then provide you with content in your preferred language without having to ask you each time you visit our SITES.

Cookies also allow us to track and target the interests of our users to improve the experience on our websites or mobile sites, software, IT services and applications in general. For example, these types of cookies help us test different versions of our web or mobile sites, software, IT services, and applications in general, applications, to see what particular features or content users prefer.

TRANSFER AND HANDLING OF YOUR PERSONAL INFORMATION.

"CONTRACTUALIS"  will treat your personal information responsibly and will seek to guarantee your privacy, those data related to your registration, administration and provision of services that includes the information detailed above, will be stored by "CONTRACTUALIS" for the duration of the legal relationship that we establish with you and even later, and strictly used for the purposes described in this "PRIVACY NOTICE" ; privileging the protection of the interests of the "USER"  and the reasonable expectation of privacy.

"CONTRACTUALIS" will not transfer your personal information to third parties unless you have consented to its transfer with other users for the execution of the  "SERVICES" or that  "CONTRACTUALIS"  considers that your communication is necessary for reasons of national security, public interest or for compliance with its legal obligations.

Likewise, "CONTRACTUALIS" may only publish your information when said information is required by virtue of compliance with applicable provisions, judicial or administrative resolutions, alternative methods, or any request from a competent authority.

"CONTRACTUALIS" may transmit your personal data to external consultants for the defense of any legal controversy that arises due to the provision of the "SERVICES".

t "CONTRACTUALIS", in order to protect you against fraud and misuse of your personal information, we carry out pertinent actions, both technical and administrative, to secure the databases related to the "SERVICES", such as the following:

STORAGE, AND TEMPORALITY OF YOUR PERSONAL INFORMATION.

Our files are controlled, and access limited to safeguard your information in our possession; for this we use a secure interplanetary file system for our storage.

We delete from our storage system, in a reasonable period of time and definitively, your personal information that is not necessary, to monitor your relationship with “CONTRACTUALIS” as a user of the “SERVICES”.

Our employees and collaborators have signed secrecy contracts and are aware of the scope of our "PRIVACY NOTICE" thereby contributing to its effectiveness.

OPTIONS TO LIMIT THE USE OR DISCLOSURE OF YOUR PERSONAL DATA.

You, as the owner of the information, have a period of 5 (five) business days after the date on which your personal data was obtained, so that, if applicable, you express your refusal for the treatment (obtaining, using, storing or disclosing) with respect to the purposes that are not necessary, nor did they give rise to the legal relationship with "CONTRACTUALIS".

The term described in the immediately preceding point will also apply if you wish your electronic documents provided for the execution of the "SERVICES" to be deleted or eliminated from the "SITES".

Likewise, we inform you that your consent may be revoked at any time, without retroactive effects being attributable to it.

MEANS OR MECHANISMS FOR THE PROTECTION OF ARCO RIGHTS.

You can review and update or modify your personal information at any time, for this, you can use the functionalities established for this purpose in the "SITES" or contact us through the options that we make available to you in this "NOTICE OF PRIVACY”.

"CONTRACTUALIS", may keep your information for the purposes and in the terms established by the Federal Law on Protection of Personal Data Held by Private Parties and later it may be canceled and finally discarded. The foregoing based on article 37 of the Regulations of the Federal Law on Protection of Personal Data Held by Private Parties.

ARCO RIGHTS AND THEIR EXERCISE IN “CONTRACTUALIS”.

In accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, "CONTRACTUALIS" has simple and effective procedures to attend to requests for Access, Rectification, Cancellation and Opposition rights that may be submitted, which may be exercised through a form that may be obtained by prior request by email.

It is important to bear in mind that the exercise of each of these rights is independent of each other, that is, it is not necessary to exhaust one of them to exercise any of the other three.

The email to receive your doubts or statements or requests regarding your ARCO rights is the following:  contacto@contractualis.com 

MEANS TO NOTIFY CHANGES IN THE “PRIVACY NOTICE”.

"CONTRACTUALIS" reserves the right to update this "PRIVACY NOTICE" at any time by publishing a revised version on the "SITES". The revised version will become effective at the time of its publication. In addition, if the revised version includes a material change, we will notify you reasonably in advance by posting a notice on the “SITES”. After this notice period, you will be deemed to have expressly accepted all changes to this “PRIVACY NOTICE”.

In the event that a security breach occurs at any stage of the processing of personal data, "CONTRACTUALIS" will make it generally known, immediately on the "SITES" or by electronic notification via email, so that the people involved in the violation of their personal data take the corresponding measures in order to protect their rights.

This "PRIVACY NOTICE" adheres to the guidelines issued by the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) as well as the precepts of the Federal Law on Protection of Personal Data Held by Private Parties.

ADDRESS OF THE TRANSPARENCY UNIT.

The service module for the "USER" or for those who are not yet a "USER", is located on Adolfo Cano, number 116, Nueva Chapultepec, zip code 58280, Morelia, Michoacán de Ocampo, Mexico; email  transparencia@contractualis.com, telephone number (+52) 4432640058.

If you consider that your right to the protection of your personal data has been injured by any conduct or omission on our part, or presumes any violation of the provisions set forth in the Federal Law on Protection of Personal Data Held by Private Parties, its 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 its official Internet page  www.inai.org.mx.

LEGAL BASIS THAT AUTHORIZES THE TREATMENT. 

The creation and provision to the "USER" was based on the provisions of the following articles:

• Articles 6th. and 16 of the Political Constitution of the United Mexican States. 
• Article 12 of the Universal Declaration of Human Rights. 
• Article 17 of the International Covenant on Civil and Political Rights. 
• Article 11 of the American Convention on Human Rights “Pact of San José”. 
• Articles 68 and 69 of the General Law of Transparency and Access to Public Information. 
• Articles 16, 45, 113 and 117 of the Federal Law of Transparency and Access to Public Information. 
• Article 3, sections II, III, X, XI, XXXIII, XXXIV, 7, 18, 19, 20, 21, 22, 23, 26, 27, 28, 43, 47, 65 of the General Law of Personal Data Protection in Possession of Obliged Subjects.

Publication date: September 29, 2022

All rights reserved, CONTRACTUALIS, S.A.P.I. DE C.V. México 2022.