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Privacy Notice.

1. Object.

BSW Tratamientos Sustentables de Agua de la Baja, SA de CV (“BSW ”) in compliance with the Federal Law on Protection of Personal Data Held by Private Parties (the “Law”), its regulations and national and international guidelines and standards regarding the Protection of Personal Data as well as the legislation that, due to its activities, is applicable, through this privacy notice (the “Privacy Notice”), it informs the person to whom the Personal Data corresponds (the “Owner”) that certain of the information provided to you through any of the means provided for in point 2 (two) below (the “Personal Data”), may be collected and stored by BSW for the purposes for which it is intended in the present Privacy Notice.

 

The person responsible for the protection, use, and processing of your Personal Data is BSW with an address at Calle Manuel Doblado corner Calle José María Morelos, Colonia Centro, San José del Cabo, Baja California Sur, postal code 23400.

 

2. Means for Obtaining Personal Data.

To comply with the provisions of the Law and to provide our services and offer our products (the “Services”), we inform you that we may collect your Data in the following cases, and in the following manner:

a. When the Owner provides them to BSW, directly, in writing or through electronic, optical, sound, visual means, or any other technology;

b. When a third party provides them to BSW, under the legal relationship that the third party maintains with the Owner and, in turn, the latter with BSW;

c. When the Owner visits the Website: https://www.bajasustainablewater.com/es/about-us ;

d. When the Owner visits the BSW facilities and his or her image is videotaped through security cameras;

e. When so established by a resolution of any competent authority empowered for such purposes; and

f. When BSW obtains information through other means permitted by Law.

 

3. Personal information.​

The Personal Data of its own and third parties that BSW may collect are those that the Owner himself provides, but are not limited to, such as: 

a. Identification data:

Full name / Reason or Company Name;

Curriculum vitae / Business line / Corporate purpose / Economic activities ;

Federal Taxpayer Registry Code (the “ RFC ”);

Tax residence;

Marital status, if applicable;

Nationality and, where applicable, immigration status and legal stay in the country;

Current shareholding, if applicable;

Personal image.

b. Contact information:

​Landline, office, and/or cell phone number;

Email;​

Complete address (Street, exterior and interior number, postal code, neighborhood, mayor's office, State and Municipality).

 

4. Third-Party Personal Data:

Regarding guarantees, jointly liable parties, guarantors, partners, shareholders, legal representatives, administrators, commissioners, and any other person who is a controlling beneficiary, real owner or maintains a professional and/or business relationship with the BSW client, and in their case, your spouse (the “ Third Parties ”), BSW may request the information mentioned in point 3 (three) above.

 

If it arises from the commercial relationship between BSW and the people with whom it establishes or intends to establish any business relationship, BSW receives Personal Data from Third Parties, the client or potential client of BSW must (i) inform the respective owner of said Personal Data the transfer that you make in favor of BSW; and (ii) obtain the express consent of said owner when it involves sensitive personal data.

 

For the above, BSW will not be responsible in any case for (i) any improper transfer of Personal Data from a Third Party that it receives or, (ii) the lack of express consent when the Personal Data collected is considered sensitive; The client or potential client who provided the aforementioned Personal Data is the only person responsible to the Third Party for any complaint, claim or demand filed by the respective Owner.

 

5. Purpose of Personal Data.

 I. Primary Purposes.

a. Any person with whom you establish or intend to establish any business relationship: BSW will process the Personal Data that it collects to carry out the activities and procedures focused on determining the conditions of the product or operation that will be carried out with the client and complying with it. of the obligations originated and derived from any legal and/or commercial relationship between BSW and the people with whom it establishes or intends to establish any business relationship, as well as to send you communications about the purpose of this Privacy Notice.

Below are mentioned, but not limited to, certain purposes for the processing of your Personal Data for the provision of BSW services: registration, contact, contracting, provision of services, authentication and security in transactions, knowledge of credit behavior, payment capacity and economic solvency, customer and supplier service, compliance with applicable regulations regarding the prevention of money laundering, verification and updating of information, implementation of fraud and extortion prevention analysis, among others.

b. Any person who visits and navigates the Website: For activities related to navigation control for the security and protection of the content of the Website.​

c. Any person who visits BSW facilities: For activities related to access control and video surveillance or recording for the security and protection of material and human resources within BSW facilities.

II. Secondary Purposes.

a. Likewise, BSW will process Personal Data for other purposes such as sending notifications of offers, notices, and/or promotional messages; communications for marketing, advertising, or telemarketing purposes about new or existing products and services, whether their own or those of business partners; participate in events; evaluate the quality of services; and in general for any activity aimed at promoting, maintaining, advertising, improving and evaluating our Services.

 

6. Processing of Sensitive Personal Data.

In its daily and ordinary operation, BSW will not collect sensitive Personal Data, as defined in section VI of article 3 (three) of the Law, such as data of racial or ethnic origin, present and future health status, genetic information, religious, philosophical-moral beliefs, union membership, political opinions, sexual preference. However, if due to any action, fact or circumstance, BSW obtains personal data of this nature, it undertakes that said data will be treated under the strictest security standards and measures that guarantee its confidentiality.

 

7. Data transfer.​

The Personal Data referred to in this Privacy Notice may be transferred to:

 

a. Companies that are part of the same BSW business group offer you other products and/or services.

b. The manufacturer of the products offered by BSW.

c. Mexican and foreign judicial authorities, to comply with notifications, requirements, and judicial letters.

d. Administrative authorities, to comply with obligations contained in current legislation.

 

Likewise, BSW will not communicate, share, or in any way transfer the Personal Data collected, whether inside or outside the national territory, to third parties except for the cases listed above. If BSW makes any additional transfer that requires your express consent, it will be obtained previously.

 

8. Means and/or procedure for the exercise of Rights of Access, Rectification, Cancellation, and Opposition (ARCO) .

 The Owner will have the right to access, on business days and hours, the Personal Data that BSW has collected from him upon request made directly to BSW, to the following email: info@bajasustainablewater.com. Likewise, you will have the right to update and rectify Personal Data if it is incomplete or inaccurate, cancel it from BSW records at any time as well as oppose the processing of your Personal Data for specific purposes (the “ ARCO Rights ” ), except in cases established in article 26 (twenty-six) of the Law.

 

The request to exercise ARCO Rights sent by email must contain:

 

a. Full name of the Owner, address, and email to communicate the response to your request.

 b. Copy of official identification to prove the identity of the Holder (voting card, passport, professional license) or in the case of representation, the identification documents of the legal representative with the sufficient and necessary powers for the purposes in question,

 c. A clear and precise description of the Personal Data concerning which you want to exercise any of the rights of access, rectification, cancellation, and/or opposition to the processing of some purposes of the processing or revocation of consent.

 d. To rectify your name, attach a copy of proof if it is different from the official identification presented to prove your identity.

 e. Any other document or element that facilitates the location of Personal Data is subject to the exercise of any of the aforementioned rights.

 

BSW must respond to the described request within a period that may not exceed 20 (twenty) business days from the date the request is received. If the Owner's request meets all the requirements and, therefore, is appropriate, BSW will have a period that will not exceed 15 (fifteen) work days from the date of communication of the response indicated in advance to make the request effective. The aforementioned deadlines may be extended only once for an equal period, as long as the circumstances of the case justify it.

 

9. Modifications to the Privacy Notice.

 

BSW reserves the right to make any type of modification or update to this Privacy Notice, to fully comply with the new legal provisions, new internal policies, or requirements of any competent authority. These modifications and/or updates will be made known immediately after their entry in any of the following ways: a message sent to your email, a statement made known through the Website, or a publication of the updated version of the Privacy Notice in this section.

 

Within a period of 5 (five) calendar days after the effective date of this Privacy Notice or, where applicable, any of its subsequent updates, you must express your opposition to the processing of your Data from BSW through a request sent to the email: info@bajasustainablewater.com. Once the aforementioned period has passed, your tacit acceptance of the guidelines and provisions established in this Privacy Notice will be understood.

 

10. Rights Protection Procedure.

 

If the Owner considers that the right to protection of his/her Personal Data has been violated by any member of BSW or that any of the requirements established in the Law are not complied with, we inform him/her that he/she may initiate a Rights Protection Procedure before the National Institute of Transparency, Access to Information and Protection of Personal Data within 15 (fifteen) business days following the date on which you receive a response from BSW regarding your request, or from the end of the 20 ( twenty) business days counted from the date of receipt of your request to exercise your rights and you have not received any response from us.

 

11. Cookies or Web Beacons.

 

To improve the user experience of the Website, BSW uses cookies to help (anonymously) recognize the Owner as a frequent visitor and to record Website traffic patterns. BSW uses such information to make the Website more user-friendly. BSW may obtain the IP address of its users, using this information to monitor and prevent fraud, diagnose problems, and estimate (anonymously) demographic information.

 

Notwithstanding the above, users may change their options through their computer equipment and/or Internet browser to stop accepting cookies or confirm whether they allow or reject them. However, disabling cookies may result in you not having access to some of the personalized features of our Website.

 

12. Consent of the Owner.

 

For the provisions of the Law and other applicable legislation, the Owner states (i) that this Privacy Notice has been made known to him by BSW (ii) that he has read and agreed to the terms outlined in this Privacy Notice, and (iii) that you grant your consent regarding the processing of your Personal Data, as well as any Third Parties that may be necessary.

 

By informing the Owner of this Privacy Notice and not receiving express opposition to it, BSW has express authorization from the Owner to use the Personal Data received from him, whether its own or from Third Parties.

 

Last update: March 31, 2024.

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