This Privacy Notice is issued pursuant to the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties (hereinafter, the “Law”), its regulation and other provisions concerning the handling of Personal information in effect in Mexico (hereinafter and as a group, the “Applicable Legislation”). It expresses the commitment of Grupo Lamosa, S.A.B. de C.V., its subsidiaries and affiliates (hereinafter, “Grupo Lamosa”) to protect all information which has been conveyed to us pertaining to any individual, whether directly or indirectly, orally or through print, electronic, digital, optical, sound, visual and/or any other medium (hereinafter, “Personal Information”) by any of the following: (A) suppliers and clients; (B) individuals (i) applying for a job with any of the subsidiaries or affiliates of Grupo Lamosa by filling out a job application, regardless of whether not it is in a format authorized by the corresponding subsidiary or affiliate, and the submission of additional documents that have been requested or supplied as part of the hiring procedure; and (ii) hired to occupy a position within any of the subsidiaries or affiliates of Grupo Lamosa. This Privacy Notice establishes the terms and conditions under which the Personal Information stored in the database controlled by the Controller (as defined below) and used by the subsidiaries and affiliates of Grupo Lamosa.
You are hereby notified that regardless of the company of Grupo Lamosa to which your Personal Information has been supplied, Lamosa Servicios Administrativos, S.A. de C.V. (hereinafter the “Controller”), a subsidiary of Grupo Lamosa, shall be the party responsible for handling your Personal Information on behalf of Grupo Lamosa under the terms of the Applicable Legislation, all with the legal domicile of Av. Pedro Ramírez Vázquez 200-1, Colonia Valle Oriente, 66260, San Pedro Garza García, Nuevo León, which shall serve as the address for all legal communications and notices.
Personal Information handled by Grupo Lamosa
To fulfill the ends described in this Privacy Notice, the Personal Information that Grupo Lamosa will handle includes but it is not limited to: (i) full name; (ii) date of birth; (iii) e-mail address; (iv) telephone number(s); (v) place of employment; (vi) address; (vii) purchases of products and/or services from Grupo Lamosa acquired directly from Grupo Lamosa or through third parties engaged in the retail or wholesale provision of said products or services, along with any opinions and experiences regarding the products; and (viii) any other information you may supply to us for handling for the same purposes.
When necessitated by the legal relationship between you and Grupo Lamosa, you are hereby informed that Grupo Lamosa may handle Personal Information concerning the most private sphere of its owner, or the improper use of which may result in discrimination or entail a serious risk to the owner, including but not limited to: (i) medical records (including but not limited to (a) medical history, (b) medical and/or surgical treatments, (c) allergies and others); (ii) present or future health status; (iii) genetic information; and (iv) union membership (hereinafter, “Sensitive Personal Information.” You should be aware that Grupo Lamosa will only handle Sensitive Personal Information for the purpose of facilitating compliance with the obligations arising from the legal relationship Grupo Lamosa has with you, and in pursuit of the ends mentioned below.
Additionally, Grupo Lamosa may collect from you any financial and/or property information that is necessary and/or appropriate for Grupo Lamosa to comply with the obligations arising from its legal relationship with you (hereinafter, “Personal Financial and/or Property Information”), on the understanding that said Personal Financial and/or Property Information shall be handled as established in this Privacy Notice. Personal Financial and/or Property Information may include but are not limited to: (i) bank account type and number; (ii) bank name; (iii) unified interbank account number (CLABE); and (iv) beneficiary name.
Purpose of the Handling of Personal Information
Your Personal Information will be handled as stipulated in this Privacy notice, and shall be used generally and as necessary for any or all of the following purposes, as the case may be:
(A) Clients and Suppliers. Grupo Lamosa may handle your Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information for the following purposes: (1) to evaluate a possible commercial relationship between you and any of the subsidiaries or affiliates of Grupo Lamosa in order for, if said relationship is established, the Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information to be stored and used in pursuit of those purposes and to fulfill the commitments assumed by the respective subsidiary or affiliate of Grupo Lamosa, including but not limited to the disclosure or conveyance of the Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information to third parties independent of Grupo Lamosa who require knowledge of the Personal Information to fulfill the aforementioned purposes and commitments; (2) for the respective subsidiary or affiliate of Grupo Lamosa to sell products and/or supply services; (3) to develop or implement service or product improvement programs; (4) to develop and implement commercial or marketing strategies related to the products and/or services offered by any of the subsidiaries or affiliates of Grupo Lamosa and carried out by any of the subsidiaries or affiliates of Grupo Lamosa; (5) to protect your own safety, that of our offices and of our visitors; (6) to notify you of updated information or events that Grupo Lamosa considers relevant and which are related to the products and/or services offered by any of the subsidiaries and affiliates of Grupo Lamosa; and (7) when necessary, to process, request of financial institutions and make any payment or payments derived from or relating to the legal relationship between you and Grupo Lamosa (hereinafter, “Primary Purposes for Clients and Suppliers”).
(B) Employees and Job Applicants or Hires. Grupo Lamosa may handle your Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information for the following purposes: (1) consideration, evaluation and selection of candidates to fill a position in any of the subsidiaries and affiliates of Grupo Lamosa; (2) creation, storage and search of a base of potential candidates to occupy some future position in any of the subsidiaries and affiliates of Grupo Lamosa; and/or (3) in the event the owner of the Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information has been selected and hired for a position in any of the subsidiaries and affiliates of Grupo Lamosa, fulfillment of the obligations arising from the labor relationship and even to consider you for a position in the same or some other affiliate or subsidiary of Grupo Lamosa; (4) to protect your own safety, that of our offices and of our visitors; (5) to notify you of updated information or events that Grupo Lamosa considers relevant to the relationship between you and Grupo Lamosa; and (6) when necessary, to process, request of financial institutions and make any payment or payments derived from or relating to the legal relationship between you and Grupo Lamosa (hereinafter, the “Primary Purposes for Employees”).
Notwithstanding the foregoing, and only in cases where you have not expressly indicated otherwise, Grupo Lamosa may handle your Personal Information for purposes not directly related to the performance of the obligations inherent to the legal relationship between you and Grupo Lamosa, such as news media, advertising and/or promotional messages (hereinafter, the “Secondary Purposes”).
The fulfillment of any of the purposes established above includes but is not limited to the disclosure or conveyance of Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information to third parties independent of Grupo Lamosa who require knowledge of the Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information to fulfill the aforementioned purposes and commitments.
Security Measures for Protection of Personal Information
Aware that the Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information may include private and confidential information concerning you, Grupo Lamosa is also conscious of the importance of preserving the Privacy and confidentiality of said Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information. For this reason it assumes the obligation of keeping that information in strictest Privacy and confidentiality, adopting the same protection measures that Grupo Lamosa uses regularly to preserve the confidentiality of its own information, in order to restrict the Handling of the Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information to the uses for which it was collected, and to protect them from loss, alteration or unauthorized destruction.
Handling of Personal Information
The Handling of Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information shall be carried out only by employees of Grupo Lamosa or its subsidiaries and affiliates who, by virtue of their duties within the organization, require access to the Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information to fulfill the purposes established in this Privacy Notice, as applicable.
Your Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information will be handled in accordance with the principles of lawfulness, consent, information, quality, purpose, fairness, proportionality and responsibility, as established by the Applicable Legislation.
Grupo Lamosa has no intention of commercializing your Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information in any way; however, in the cases provided for by the Law, we may Handle or convey your Personal information without your consent.
Personal Data Transfer
You are hereby informed that in certain cases, in order to fulfill the purpose established in this Privacy Notice, your Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information may be shared or transferred, as the case may be, to subsidiaries or affiliates of Grupo Lamosa or any third party that provides any type of service related or necessary to the legal relationship between Grupo Lamosa and you, for the sole purpose of fulfilling the purposes described in this Privacy Notice.
Furthermore, Grupo Lamosa may transfer your Personal Information to merchants and/or stores that offer and/or commercialize the products and/or services offered by Grupo Lamosa, for the development and implementation of commercial or marketing strategies relating to the products and/or services offered by any subsidiary or affiliate of Grupo Lamosa, carried out by any subsidiary or affiliate of Grupo Lamosa for informational, advertising and/or promotional purposes. On the understanding, however, that if you establish a potential or definitive commercial relationship with that merchant and/or any handling of Personal information by that merchant for purposes other than those established herein, the handling of your information will not involve nor entail any liability whatsoever for Grupo Lamosa and shall be independent of its handling by Grupo Lamosa. Accordingly, we urge you to carefully read the Privacy notices, terms and conditions established by that merchant and if you are not in agreement with or wish to revoke your consent, we encourage you initiate the proceedings required by that merchant for such purposes.
The information shall be transferred either physically or digitally (except in the case of confidential information, which shall always be conveyed physically), using the security measures normally used by Grupo Lamosa in dealing with our own confidential information.
If you wish to express your opposition to the terms stated above, you may do so through the media established in the applicable forms, or notify Grupo Lamosa by sending an e-mail to privacidad@lamosa.com. Grupo Lamosa will communicate with you regarding your request within a maximum term of 20 (twenty) business days from the date it is received
Any third party who receives Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information from Grupo Lamosa will be made aware of the terms and conditions of this Privacy Notice and will therefore be bound by the same, in accordance with Article 36 (thirty-six) of the Law
ARCO rights of Owners of Personal Information
As the owner of Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information, you may at any time, either directly or through a legal representative, revoke the consent you have given Grupo Lamosa for treatment of your Personal Information, limit its use or disclosure, object to the purposes for which it will be used, and exercise your rights to Access, Rectification, Cancellation and Opposition (hereinafter, “ARCO Rights”), pursuant to the terms and subject to the exclusions established in the Applicable Legislation. If you wish to exercise any of the aforementioned ARCO Rights, you may do so by submitting the Information Access, Rectification, Cancellation or Opposition and Revocation of Consent Form found on our web page at Solicitud_Derechos_ARCO_y_Revocaciones.pdf to us at privacidad@lamosa.com, or to the legal address of the Controller given in the preface to this Privacy Notice, indicating or attaching, as the case may be, the information or documentation mentioned in that request. Grupo Lamosa will communicate with you regarding your request within a maximum term of 20 (twenty) business days from the date it is received.
Modifications to the Privacy Notice
Grupo Lamosa reserves the right to regularly review and modify the terms and conditions established in this Privacy Notice in order to adapt them to its current activities, reflect changes in internal practice at Grupo Lamosa or any of its subsidiaries or affiliates, or conform to any legal amendments that may take effect in the future. Accordingly, Grupo Lamosa keeps an up-to-date version of Privacy Notice permanently available to Owners of Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information on its webpage at https://grupolamosa.com or upon request by the owner, addressed to Grupo Lamosa at privacidad@lamosa.com.
Consent of the Owner of the Personal Information
The owner’s decision to (i) supply the Personal Information, Sensitive Personal Information and/or Personal Financial and/or Property Information; and/or to (ii) sign this Privacy Notice, shall be understood as an unequivocal token of their consent to the Handling provided for in this Privacy Notice.
You should be especially aware that, among other circumstances, your consent will not be required for the following: (i) when the Handling of your Personal Information is done for the purpose of fulfilling the obligations that arise from a legal relationship between you and Grupo Lamosa, in accordance with Article 10 (ten), section IV of the Law; and (ii) when the Personal Information is transferred to the holding company, subsidiary or affiliate under the common control of Grupo Lamosa, or to a company whose parent or any company in the same group as Grupo Lamosa that operates under the same internal processes and policies, as stipulated in Article 37 (thirty-seven), section III of the Law.
As the owner of the Personal Information, you may revoke the consent you have given Grupo Lamosa for treatment of your Personal Information at any time by submitting the Information Access, Rectification, Cancellation or Opposition and Revocation of Consent Form found on our web page at Solicitud_Derechos_ARCO_y_Revocaciones.pdf to us at privacidad@lamosa.com, or to the legal address of the Controller
Revocation of Consent
As the owner of the Personal Information, you may revoke the consent you have given Grupo Lamosa for treatment of your Personal Information at any time by submitting the Information Access, Rectification, Cancellation or Opposition and Revocation of Consent Form found on our web page at Solicitud_Derechos_ARCO_y_Revocaciones.pdf to us at privacidad@lamosa.com, , or to the legal address of the Controller given in the preface to this Privacy Notice, indicating or attaching, as the case may be, the information or documentation mentioned in that request, without said revocation being applicable retroactively. Grupo Lamosa will communicate with you regarding your request within a maximum term of 20 (twenty) business days from the date it is received.
Applicable legislation
This Privacy notice is subject to the laws of the Mexican Republic. Date of publication: 16/01/2023.
Issue Date: 16/01/2023