Privacy Notice

               I.  RESPONSIBLE’S IDENTITY AND ADDRESS 

 

CACAO PAYCARD SOLUTIONS, S.A. DE C.V., INSTITUCIÓN DE FONDO DE PAGO ELECTRÓNICO (“CACAOPAY”) with address in Perif. Blvd. Manuel Ávila Camacho 118, Lomas de Chapultepec, Miguel Hidalgo, 11000 Ciudad de México, CDMX,

Which in this case is the responsible of use and protection of your personal data, in compliance with Ley Federal de Protección de Datos Personales en Posesión de Particulares (LFPDPPP),puts at your disposal the following notice to inform the way we collect, transfer and use your personal data. The personal data is mainly obtained through CACAOPAY’s website and technological platform Paycard.

CACAOPAY legal department is the responsible of processing the requests or ARCO rights which are mentioned later as well as to encourage personal data protection inside CACAOPAY.

CACAOPAY has security, administrative, technical and physical measures needed to protect the privacy and confidentiality of your personal data, as well as comply with the protection principles of personal data as seen on LFPDPPP.

CACAOPAY receives, collects, handle, processes, treats and conserves personal data in accordance with the lawful processes, consent, information, quality, purpose, loyalty, proportionality and responsibility in order to ensure privacy, confidentiality and integrity in accordance to LFPDPPP.

             

               II.    DEFINITIONS.

 

For the purposes of the following Privacy Notice, it is understood by:

 

  1. Personal Data: Any information concerning and identified physical person.
  2. ARCO Rights: Access, Rectification, Cancelation or Opposition rights in terms of their personal data.
  3. Applicable Current Legislation: Refers to LFPDPPP, its rules, and in general, any jurisdictional order that regulates the collection, storage and transmisión of personal data.
  4. Responsible: For the purposes of this privacy notice, the responsable of treatment, use and protection of your personal data will be CACAOPAY.
  5. Website: Website owned by CACAOPAY whose address is: cacaopaycard.com.
  6. Paycard Platform: Understood indistinctly or jointly the App and website.

Holder: Physical person to whom the data correspond.  

 

               III.    COLLECTED PERSONAL DATA.

 

The personal data that you voluntarily deliver to CACAOPAY include, enunciatively, without limitations:

 

  1. Identification personal data: Name, address (Street, number, suburb, zip code, county, state, country) birthdate, nationality, ID number, signature.
  2. Contact data: Phone and email
  3. Patrimonial and financial data: Tax ID, bank account number, transactional data for AML.
  4. Work data: Career, business line, corporate address.
  5. Geolocalization data: Electronic devide geolocalization used for website or paycard platform.

 

It is presumed that you provide personal data to CACAOPAY in your capacity as owner of the data. In case you provide personal data from other people, you manifest to have their consent to provide personal data and recognize your obligation of informing the holder or holders that you’ve shared their data, as well as the places where this privacy notice is at your disposal to carry out the provision of any required service.

It should be noted that CACAOPAY must collect all necessary data to comply with the legal requirements applicable in terms of prevention and detention of acts, omissions or operations that could favor, help, aid or cooperate with any felonies associated with AML, as well as fraud, so additional information may be requested in case the regulators ask for it.

             

               IV.    MAIN PURPOSES AND USAGE OF PERSONAL DATA.

 

The main purpose pursued by CACAOPAY with your personal data is:

  1. Paycard Platform register (Owned by CACAOPAY)
  2. Provision of issuance, administration, redemption and transfer of funds and products provided by CACAOPAY.
  3. User identification, customer, suscribers, workers, prospects or any other person that enter the website or Paycard platform,
  4. Communication channels creation between you and CACAOPAY.
  5. Compliance with what is required by any federal, state or municipal authority for CACAOPAY’s operation.
  6. Compliance with what is required to provide services and products required by you, as well as comply and/or execute the respective agreement.

 

               V.    ACCESORY PURPOSES OF PERSONAL DATA USAGE.

 

CACAOPAY will additionally treat personal data for the following secondary purposes:  

  1. For statistical use.
  2. To inform of any changes or new products or services.
  3. Evaluate service quality.
  4. Exchange necessary information to attend internal, external or authorities audits.
  5. For comercial, marketing, advertising use and to give benefits and compliance to contracted obligations and internal analysis of consumption habits.

 

               VI.    COMPILATION / CONSERVATION OF PERSONAL DATA.

 

The quantity of personal data will only be related to the services and products provided to our customers or users.

These personal data can be obtained directly by you, either physically or by any electronic device (optic, sonorous, visual or any other type of technology and other allowed option by legal provisions, or generated with the objective of service requested or contracted by you with CACAOPAY or any of the affiliate companies. 

Personal Data provided by you will be stored or destroyed in accordance of CACAOPAY’s needs in accordance to the local laws or when you request it.

 

               VII.    TRANSFER OF PERSONAL DATA.

 

CACAOPAY will be able to make national and international transfers of personal data without the holders consent between their associated and affiliate companies and in the other cases mentioned in article 37 of  LFPDPPP, only and exclusively for the contracted services compliance with CACAOPAY. Information can be shared as well with service providers for the compliance of contracted obligations.  

Third parties and entities that receive personal data, in terms of last paragraph, will asume the same obligations and/or responsibiities that CACAOPAY assumed with you in terms of whats mentioned in the present document,

You accept that your personal data can be transferred in terms of whats described in the law, its regulation and the present document.

CACAOPAY does not sell personal data to third parties.

It is informed that the information and documentation related to CACAOPAY’s activities and services will be confidential.  

 

               VIII.    REVOCATION.

 

You will be able to revoke your consent, as well as stand against the usage of your personal data  for activities not related to jurisdictional requirements.

To effect said revocation, you can go to CACAOPAY’s address or communicate via email to contacto@cacaopaycard.com to receive the format needed so you can revoke or limit the use or divulgation of your personal data. You can as well revoke the consent to treat your personal data with commercial purposes, sending an email to the previously mentioned direction and we will exclude you from future marketing, advertising and/or commercial campaigns.  

 

               IX.    MEANS AND PROCEDURE TO EXECUTE ARCO RIGHTS.

 

Your or your legal representative can limit the use or release of your personal data, as well as execute when needed your ARCO rights as LFPDPPP enounce through CACAOPAY’s format for such effects, presenting it in CACAOPAY’s address or via email to contacto@cacaopaycard.com . It is important to mention that the exercise of these rights is not required previously nor it prevents the exercise or other right.

You can use the following email contacto@cacaopaycard.com to request to eliminate, access, rectification, cancel or oppose (ARCO’s rights) for personal data usage in our email lists or our operations. For this situation, you must write a petition and we will diligently work to locate and solve the problem. The previous request will be notwithstanding to your right to go to the National Institute of Transparency of Access to Information and Protection of Personal Data.

CACAOPAY will have a maximum period of 20 working days to inform about the origin of the ARCO request.

This information can be stored via manual or electronic systems with limited access with the objective of protecting it against loss, fraud, non-authorized access, leaking, modification or destruction. The request must have the following: (i) name and email; (ii) documents that verify your identity; (iii) clear and precise description of personal data subject to ARCO rights (iv) any other document or element that facilitates the location of your personal data and (v) for rectification requests, you must indicate the changes and give documentation that fundaments your petition in case is not appropriate to your request.

In accordance to LFPDPPP it is made of your knowledge that your personal data can be treated without your consent when: (i) It is required by law; (ii) personal data appear on public access means; (iii) personal data undergo a prior dissociation procedure; (iv) has the purpose of fulfilling obligations derived from a legal relationship between the owner and the person in charge ; (v) exists an emergency situation that could potentially damage an individual on their property and/or (vi) a resolution of the authority is issued.

At the moment where you make a revocation and/or cancelation of your personal data usage, there exists the probability that CACAOPAY can stop providing their services or products to you.

 

               X.    USE OF COOKIES AND BEACONS.

 

Our website can use cookies, web beacones and other technologies through which it is posible to monitor your behavior as an internet user, giving a high quality service and user experience while navigating on the website, as well as offering products and services based on your preferences.

The personal data obtained by these technologies of tracking are the following: browsing hours, browsing time in our website, consulted sections, and websites browser before ours.

You understand and acknowledge that the use of CACAOPAY’s products and services can use different technologies and you accept that CACAOPAY can collect geolocalization data from the device used to access our website and Paycard platform.

 

               XI.    CONSENT.

 

You will have full control and decisión over your personal data, thus, when you provide your personal data in a personal or electronic way or other allowed means by LFPDPPP, you confirm and accept that you have read and grant your expressed consent for your personal data to be treated in accordance with the terms and conditions of this privacy notice.

As there is no demonstration of opposition on your part in terms of the present document, it will be understood that you grant CACAOPAY your consent to carry out the treatment of your personal data that wiould have been provided or will be provided by you in the future.

The refusal for the use of your personal data for these purposes can be a reason to deny our services and products.

 

               XII.    MODIFICATIONS TO THE PRIVACY NOTICE.

 

We reserve the right to affect at any time modifications or updates to the present privacy notice, for the attention of legislative developments, internal policy or new requirements for offering or providing of our services and products. These modifications will be available in our website or app in the privacy notice section and the modification date will be set in the document.

Any modification to the present document will be notified via our communication channels.

 

               XIII.    APPLICABLE LAWS, JURISDICTION AND COMPETENCE.

 

The present document makes of your knowledge that is governed by the regulation of LFPDPPP and other aplicable laws of Mexico City. The acceptance of the present privacy notice implies your express submission to the competent courts of Mexico City in case of any controversy or claim.

[*consent box] I give my consent for the processing of my personal data by CACAOPAY for the purposes described in this document for what is done to my financial and patrimonial data.