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Privacy Notice
 

García Heres S.C. (hereinafter DeForest) with domicile at Calle Chinantla número 10, Colonia La Paz, Zip Code 72160, Puebla, Puebla, makes available this Privacy Notice in accordance with that stated in the Federal Law on Protection of Personal Data held by Private Individuals (hereinafter, the Law) and as per articles 8, 15, 16, 33, 36 and others applicable of the Law and its regulations, concerning the right of every individual to privacy and informative self-determination.

1. Gathered Data

Due to its relationship with clients, employees, interns, suppliers and third parties, DeForest handles different kind of personal data to comply with its obligations, being responsible for the use given to such personal data and the protection of such, with the technologic and procedural means to limit the use and disclosure of such personal data.
DeForest includes within its corporate purpose, among others, consultancy and all kinds of legal activities with the public and private sectors, executing the services required for such purpose and related with the same.

2. Purpose of the Personal Data.
We inform you that the gathering, procurement, use, storage, access and handling of personal data by DeForest shall be in accordance with the Law, its regulations and applicable general provisions; such data shall serve the following purposes:

  1. DeForest transactions;
  2. To allow DeForest to exercise its rights and to offer services regarding its corporate purpose, mainly, among others, legal consultancy and all kinds of related services;
  3. Inscriptions and enforcement of agreements;
  4. Data processing;
  5. Certifications;
  6. Execute economic, statistic or internal control studies;
  7. Payment management;
  8. Issuance of invoices and payment receipts;
  9. Wire transfer;
  10. Assesment of service quality;
  11. Execute statistic studies related to the services provided as well as those related with the working environment;
  12. Personnel management, including physical files, payment and payroll management, insurance and other benefits from the current Labor Law;
  13. Appointment of work tools, codes, passwords; insure confidentiality obligations; verify personal and labor references; emergency contact and aptitude, knowledge and medical evaluations; and
  14. To execute the personnel recruitment, selection and, as the case may be, hiring process or to be considered to fill a vacancy or internship (management and supply of personnel)

Regarding clients and prospects: we shall gather your personal and invoice data, with the purpose of providing the corresponding services and complying with the legal obligations resulting from the respective business relationship, therefore:

3. Purpose of handling your personal data
DeForest gathers personal data for the foregoing purposes, and regarding clients, suppliers and third parties such data shall be comprised by:

  1. Identification data.- name, email, home or business domicile, place and date of birth, age, particular telephone or mobile, current official ID with photograph, business activity, educational degree, marital status, Registro Federal de Contribuyentes [Federal Taxpayers Registry], Clave Única de Registro de Población [Individual Code of Population Registry], signature, nationality, fingerprint.
  2. Invoice Data.- corporate domicile and RFC [Federal Taxpayers Registry]; and
  3. Financial and patrimony data- assets, tax information, bank accounts, payment methods.

Furthermore, DeForest gathers personal data for the purposes appointed herein, and regarding employees and candidates or interns, such data shall be comprised by:

  1. Identification, academic and labor data.- name, email, home domicile, place and date of birth, age, telephone and mobile, current official identifications with photography, marital status, education, educational degree, Registro Federal de Contribuyentes [Federal Taxypayers Registry], Clave Única de Registro de Población  [Individual Code of Population Registry], signature, nationality, fingerprint, affiliation to social security, labor precedents, results of the labor skill test, psychometric test, IQ, labor behavior and reliability, electronic signature, military papers, passport, names of the relatives, dependants and beneficiaries, photographs, language, recruitment, selection and training documentation, work career, current labor office, wages, work domicile, e-mail and work telephone, extracurricular activities, work references, personal references, educational career, titles, professional license, certificates, internship letter, educational scores, performance report, progress of studies, acknowledgements, financial and patrimony data (assets, tax information, bank accounts, insurances, afore, personal references). Regarding clients, DeForest gathers the personal data at the moment they request any of the services DeForest offers in accordance with its corporate purpose, in the case of the suppliers, the data is gathered at the moment we make contact for purposes of service provision or goods acquisition, (independently if the service or goods is either acquired or not), and in the case of the employees and/or interns, at the beginning of the recruitment process and personnel selection, when hired to fill an opening or internship, such data is gathered either by telephone, e-mail or when visiting our domicile in person, such data is used by DeForest in relation to its rights of operation, the security of the facilities of DeForest and in general resulting from the legal services offered in compliance with its corporate purpose.

4.- Use and disclosure limits for your personal data.
DeForest, when executing activities of personnel and internships management, as well as in cases of service provision in legal matters, may gathered personal data considered as sensitive, related with health state (clinic history, allergies, current or past diseases, disabilities, result of medic exams, medical records, psychological and/or psychiatric matters, consumption of toxic substances, blood type), for which the express consent in writing by the holder shall be gathered for the management of said data.

We inform you that DeForest may use personal data for secondary purposes: name, domicile, telephone and mobile, e-mail, and other contact data, in order for you to receive newsletters and information regarding the services and products offered by DeForest under its corporate purpose.

When providing information to DeForest via any mean, you confirm your agreement with the terms of this Privacy Notice. If you do not agree with any term of the Privacy Notice, please do not provide any personal data. If you decide to not provide certain personal data to DeForest, you accept the possibility of not having access to the services it provides, as well as that DeForest shall not comply with or complete those process for which said information is required, without such generating any liability to the later.


5.- Data Assigment and management by third parties. 
DeForest, to comply with its corporate purpose, in its relationship with clients, suppliers, as well as for the provision of services and when hiring personnel or admitting interns, may:

  1. Use the personal data, as well as give access to third parties hired for administration and personal supply services, among others, with the purpose of processing data, issue certificates, execute economic studies, in order for DeForest to exercise its rights and offer services provided by DeForest regarding its corporate purpose, inform about changes or new services, related or not with those provided by DeForest at the moment, administration of payments, services statistics, issuance of invoices and payment receipts to banking institutions for bank transfers, as well as to evaluate the service quality.
  2. Transfer your personal data to other persons for purposes stated in this privacy notice, including e-mails, mobiles (SMS, MMS messages among others) or other similar electronic communication mean or that may be developed, such transfers include without limitation, companies participating or related to DeForest, including third parties resulting from a corporate restructure, merge, consolidation, sale, liquidation, or assets transfer, either suppliers or clients, companies of financial consultancy, companies that provided management and storage of information services, administration of personnel, to verify personal and labor references, insurance companies, credit bureau, external audit, bank institutions, credit insurances, companies for credit return, tax companies, either nationals or internationals, public or private, current or future and in general, to comply the obligations that DeForest acquired with You, where only the essential personal data shall be provided for the activity or specific services that said third parties shall execute.

    In accordance with the foregoing, DeForest shall keep the confidentiality and reserved use of your personal data, with the possibility of being transferred and managed in and out of the Mexican Republic, through and by companies that supply services to DeForest.


    3.- The third parties that receive personal data for its administration or to whom the personal data is transferred, shall only receive those personal data required to perform their labors. DeForest shall not transfer to third parties any personal data for purposes other than those stated herein.
    If you do not state your opposition against transferring your personal data, it shall be understood as an agreement to do so. The aforementioned opposition shall be stated in accordance with that established in the Means to exercise the access, rectification, cancelation or opposition rights referred herein.
    DeForest may execute personal data transfer without the consent of the data subject in accordance with that state in article 37 of the Law, meaning, in cases allowed by the law or agreements which Mexico is part of; transfer to companies of the same group operating under the same processes and internal policies, when necessary by virtue of an executed agreement or to be executed in benefit of the data subject; when necessary or legally demanded for the procurement or exercise of justice; for the recognition, exercise or defense of a right in a judicial process or to maintain or comply with the legal relationship between You and DeForest.

6. Audio, video and photography.
DeForest may record audio of its clients, suppliers, employees and applicants for an opening or internship, regarding their relationships with DeForest, their services provided as well as for purposes of service quality, therefore the execution of said records are hereby accepted and authorized.
Furthermore, DeForest has video vigilance systems in its domicile, consequently, if You access DeForest’s facilities you accept to be recorded and/or photographed, agreeing that DeForest may use them for the security of its facilities and the persons inside. 

Lastly, DeForest may execute videos and photography of events related with its corporate purpose, therefore you accept that your image or image in movement may be used by DeForest for advertising purposes, either in printed and/or electronic means, as well as to use them as reference of the events.

7. Security measures.
Likewise, DeForest assures you that your Personal Data will be treated under security measures (administrative, technical and physical) provided by the Law or other specifics laws, according to the kind of personal data and its management, ensuring its confidentiality at all times, avoiding non authorized accesses, damage, loss, alteration or destruction of your personal data. 

8. Means to exercise rights of access, rectification, cancelation or opposition (ARCO rights) 
It is important to inform you that according to the Law, you have the right to Access, Rectify and Cancel your personal data, as well as opposing to the processing or revoking the consent granted to DeForest.

If you want to exercise the rights of access, rectification, cancelation or opposition regarding personal data in possession of DeForest, you can do so by giving a written request in the personal data department appointed for such purpose, located at Calle Chinantla número 10, Colonia La Paz, Código Postal 72160, Puebla, Puebla, or by email to aviso.privacidad@deforest.mx, provided the data subject can be identified irrefutably through mechanisms of authentication previously established by DeForest, you will also have to call 52 (222) 249 28 80 to confirm that DeForest has correctly received the email. The personal data department will receive and process the requests of the data subjects regarding its personal data in possession of Deforest. The schedule for request reception will be Monday to Friday from 9:00 to 18:00, except on days considered as mandatory break as defined by the current law or in case of labor suspension by disposition of the competent authorities.

In order to properly give respond to your request, DeForest will have a period of 20 (twenty) working days counted from the date in which the request of access, rectification, cancelation or opposition of its personal data was received, to respond via email at the email address provided or by phone at the last phone number provided. If the request is valid, it will be effective within the 15 (fifteen) working days after the date on which the previous answer was received. These deadlines could be extended only one time and for an equal period of time, if necessary due to the circumstances of the case. The delivery of information will proceed prior accreditation of your identity or your legal representative, as the case may be. 
If you want to revoke the consent given for the management of personal data by DeForest, you must inform us in writing through the personal data department of DeForest, presenting a writing request to the personal data department appointed for such purpose, located at Calle Chinantla número 10, Colonia La Paz, Código Postal 72160, Puebla, Puebla, or by email to aviso.privacidad@deforest.mx, provided the data subject can be identified irrefutably through mechanisms of authentication previously established by DeForest, you will also have to call 52 (222) 249 28 80 to confirm that DeForest has correctly received the email. The personal data department will receive and process the requests of the data subjects regarding its personal data in possession of Deforest. The schedule for request reception will be Monday to Friday from 9:00 to 18:00, except on days considered as mandatory break as defined by the current law or in case of labor suspension by disposition of the competent authorities.
If you do not desire to keep receiving notices from DeForest anymore, you must inform us in writing through the personal data department of DeForest, presenting a writing request to the personal data department appointed for such purpose, located at Calle Chinantla número 10, Colonia La Paz, Código Postal 72160, Puebla, Puebla, or by email to aviso.privacidad@deforest.mx, provided the data subject can be identified irrefutably through mechanisms of authentication previously established by DeForest, you will also have to call 52 (222) 249 28 80 to confirm that DeForest has correctly received the email. The personal data department will receive and process the requests of the data subjects regarding its personal data in possession of Deforest. The schedule for request reception will be Monday to Friday from 9:00 to 18:00, except on days considered as mandatory break as defined by the current law or in case of labor suspension by disposition of the competent authorities.
The requests that You may execute or submit in writing regarding the access, rectification, cancelation, opposition, revocation or refusal to keep receiving the communication, shall have: (i) the full name, (ii) the support documentation of identification and, as the case may be, the identification data of the legal representative,(iii) the domicile or e-mail to which DeForest may communicate the answer to the request, (iv) the clear and precise description of the personal data pertaining to the request and (v) any other document that allows to ease the location of the personal data, also supporting the request.
You have the right to attend before the Federal Institute of Access to Information and Data protection if you consider that your right to protection of personal data is vulnerable.

9.- Cookies and web beacons use:
“Cookies” are small text files that a web server sends to your computer, which help provide a better care regarding our products and/or services. Cookies from a session record the activities you carried out in our website. Continuous cookies can record your preferences in the different occasions you visit our website, which allow us to personalize, for example, the manner in which the site shows information of your interest.

Furthermore, cookies can be used to show notices, news and/or recommendations that might interest you, in accordance with your prior activities in our website.

“Web beacons” are usually graphic images placed on the website and used to count the number of visits to the website or can even allow the access of some cookies. The use of web beacons in our website has as purpose mirror the statistics regarding our products and/or services of your interest. Said web beacons do not normally gather information other than that provided by the browser as standard internet browsing. If you decided to disable the cookies option in your internet browser, the web beacons will not be able to track your activities.

Some websites or applications of our website may use locally stored objects, such as Flash cookies or local storage with HTML5. These kinds of locally stored objects are used for similar purposes as the cookies but typically may contain a greater and different amount of data than the browser cookies. You may modify the settings of your Flash player through the Settings Manager in accordance with your preference regarding the storage of locally shared objects, you may even disable locally shared object only for certain websites or fully deactivate the storage of locally shared objects for all websites.

Most of the web browsers allow disabling or allowing the use of cookies. You may also eliminate cookies from your computer if your browser allows it. If you disable cookies, it is possible that you will not be able to use certain parts of our website and it may be necessary to reinstall a rejection cookie. In any case, you will have different option to limit the access of the cookies and web beacons of our website in your computer.

10. Personal data Department
The department of personal data for DeForest, independently of the designated name, is located at Calle Chinantla número 10, Colonia La Paz, Código Postal 72160 and e-mail aviso.privacidad@deforest.mx.

11. Modifications to the Privacy Notice.
DeForest has the right to modify this privacy notice at its sole discretion. If this notice is modified, DeForest shall publish the new privacy notice via electronic means:http://www.deforest.mx and in the domicile of DeForest and/or via e-mail to the last address provided, therefore we suggest you be aware and stay informed concerning any change. Any substantial change herein, unless resulting from a legal amendment from México or by order of a competent authority, shall be notified through the website: http://www.deforest.mx  with thirty calendar days in advanced in order for the corresponding modification to be effective.

12. Domicile of DeForest.
Calle Chinantla número 10, Colonia La Paz, Código Postal 72160.

Mexico City

Bosques de Duraznos No. 65-211, Colonia Bosques de las Lomas, Delegación Miguel Hidalgo,
México, D.F. CP. 11700.
Tels:+52 (555) 596 8412
Fax: +52 (555) 596 2249

Puebla

Calle Chinantla No. 10,
Colonia La Paz,
Puebla, Pue. CP. 72160.
Tel: +52 (222) 249 2880
Querétaro

Av. Del Roble 83 A
Alamos 2da Sección.
C.P. 76160
Tel:+52(442) 543 5881
Guadalajara

Pablo Villaseñor 125
Colonia Ladrón de Guevara,
Guadalajara, Jal; C.P. 44600
Tel: +52 (33) 38237068
León

Valle de Atemajac 218
Col. Valle del Campestre
León, Gto. C.P. 37150
Tel. +52 (477) 7185508
New York

48 Wall Street, Suite 2700
New York, New York, 10005
USA
Phone:+1 (212) 425 2200
Fax: +212-425-2225
Desks → US Practice   |   German Desk  

Disclaimer:DeForest is an alliance of law firms functioning under the same brand and providing professional and coordinated services, while maintaining their respective operational process. An alliance firm cannot act as agent of any other alliance firm and cannot bind any other alliance firm; each alliance firm is the sole responsible for its own actions or omissions and not for those of any other alliance firm.

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