Privacy Notice

I. Responsible’s address and identity
 
Cacao Paycard Solutions S.A. de C.V., IFPE, (“CacaoPay”) with address in Blvd. Manuel Ávila Camacho 118 office 1103, floor 11, Lomas de Chapultepec, Miguel Hidalgo, Zip Code 11000, Mexico City, México, which in this case is the responsible of your personal data use and protection in accordance to Protection for Privately Held Personal Data Federal Law (“LFPDPPP”) puts at your disposal the present privacy notice to inform the way we collect, transfer and use your personal data. Personal Data are obtained mainly through the website of CacaoPay and Paycard technological platform.

CacaoPay’s legal department is responsible to give procedure to ARCO rights requests that are mentioned below, as well as promote Personal Data protection inside CacaoPay.

CacaoPay has security, administrative, technical and physical needed measures to safely store the privacy and confidentiality of your personal data and to comply the protection principles of personal data as seen on LFPDPPP.

CacaoPay receives, stores, handles, processes, treats and keeps personal data in compliance to the legal, consent, information, quality, objective, loyalty, proportionality and responsibility principles to secure privacy, confidentiality and integrity in compliance with LFPDPPP.

II. Definitions

 
For the purposes of the following privacy notice:
 
a) Personal Data: Any information concerning an identified or identifiable physical person.
b) ARCO rights: Access, Rectification, Cancelation or Opposition rights, in accordance to their personal data.
c) Applicable Current Legislation: Refers to LFPDPPP, its rules and in general any other jurisdictional order that regulates recopilation, storage or transfer of personal data.
d) Responsible: For the purposes of the privacy notice, the responsible of treatment, use and protection of their personal data will be CacaoPay.
e) Website: Website property of CacaoPay whose link is www.cacaopaycard.com

f) Paycard platform: In either indistinct or jointly, the application or website
g) Holder: Physical person to whom de personal data belongs. (From now on, “You”)

III. Retrieved personal data

The personal data that you deliver and voluntarily provide to CacaoPay include without limitations:

1. Identification personal data: Name, address (street, number, zip code, municipality, state, city, country), birth date, nationality, CURP, electronic signature.
2. Contact data: Telephone number and email
3. Patrimonial and/or financial data: Tax ID, clabe account, transactional data for AML.
4. Laboral data: Profession, business activity, business location.
5. Geolocalization data: Electronic device geolocalization used to access Paycard or the website.

It is presumed that you provide personal data to CacaoPay in your character as holder of the data. In case you provide personal data from other holders, you manifest to have the consent of the holders to provide their personal data and recognize your obligation to inform the holder or holders that you have provided their information. 

It is important to mention that CacaoPay must collect all necessary data to comply legal obligations in terms of prevention and detection of acts, omissions or operations that could favor, aid or cooperate in any way to felonies linked to AML as well as fraud, therefore, additional information could be required in case the legislation demands it. 

IV. Main objectives and/or personal data usage.

 
The primary objective pursued by CacaoPay with the collection of your data is:

1. Paycard Platform registration (Property of Cacaopay)
2. Issuance, administrative, redemption and transfer of electronicas payments funds and Cacaopay’s products services.
3. Users, clients, subscribers, workers, leads or any other person that access the website or Paycard Platform identification
4. Communication channels between Cacaopay and you.
5. Compliance with the required obligations by the federal, state or municipal authority for Cacaopay’s operation.
6. Compliance of acts required to lend services and products required by you.

V. Personal Data Usage Objective

 
Cacaopay will handle holder’s personal data additionally to the previously mentioned objectives for the following objectives:
 
1. Statistical purposes
2. To inform on changes or new products or services
3. Evaluate SLA’s and determine their quality
4. Send and receive needed information for internal and external audits.
5. For commercial, marketing, publicity, and or sales objectives and to deliver benefits and comply to obtained obligations and for internal analysis of consuming habits. 
 

VI. Collection / Conservation of personal data

 
The quantity of personal data collected will be related to the information we need to provide services or products to our customers and users.
 
The personal data can be obtained directly from you, either personally or via electronic, optical, sound, visual or any other technology from allowed means or generated by requested services hired by you with Cacaopay or any subsidiaries or affiliate companies.
 
Personal data provided by you will be stored or destroyed in accordance to Cacaopay’s needs in accordance to local laws or as requested by you.
 

VII. Transfer of personal data

 
Cacaopay can make international and national transfers of personal data without the holder’s consent between subsidiaries or affiliate companies and in the rest of assumptions mentioned in article 37th of LFPDPPP, only and exclusively for hired services from Cacaopay. Also, CacaoPay could transfer personal data to service providers companies to comply with obligations.
 
Third parties and other entities receivers of personal data will asume the same obligations and responsibilities that CacaoPay has assumed to you in terms of the present document.
 
You accept your personal data to be transferred in terms of the law, it’s rules and the current privacy notice.
 
Cacaopay doesn’t sell personal data to any third parties.
 
Information and documentation relative to Cacaopay’s activities and services will be classified as confidential.
 

VIII. Revocation

 
You can revoke your consent as well as oppose to the handling of your personal data for non-necessary activities in terms of the jurisdictional obligations to the hired service or product.
 
To revoke the use of personal data, you can visit Cacaopay’s address or communicate via email to contacto@cacaopaycard.com to receive the format, through which you will revoke or limit the use and divulgation of your personal data. You can revoke the usage of your personal data for commercial objectives by sending an email to the previous mentioned direction and will be excluded from our commercial campaigns.
 

IX. Means and procedure to execute ARCO rights

 
You or your legal representative can limit the use and divulgation of your personal data when the ARCO rights proceed through the format provided by LFPDPPP via Cacaopay, sending it to Cacaopay’s address or via email to contacto@cacaopaycard.com
 
You can use the email contacto@cacaopaycard.com to request deletion, access, rectification, cancelation or oppositon to the use of personal data in our mailing lists or operations. For this situation, you will have to write down the request and we will work on solving the problem as soon as possible. 
 
Cacaopay will have a maximum term of 20 (twenty) working days starting from your request to inform about 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, unauthorized access, revelation, modification or destruction. The request must have (i) your name and email, (ii) documents proving your identity, (iii) clear and precise description of your personal data, (iv) any other document or element that helps identify your personal data and (v) for rectification requests, you must indicate the modifications and provide the information that supports the request.
 
In accordance to LFPDPPP, your personal data can be treated without your consent when (i) it is required by law, (ii) personal data are freely accessible, (iii) personal data are subject to a prior decoupling procedure, (iv) needs to comply obligations derived from a jurisdictional process, (v) exists an emergency situation that can potentially damage an individual or their assets and/or (vi) competent authority decision is issued. 
 
The moment you make the revocation and/or cancelation of your personal data usage there exists the possibility Cacaopay cannot keep offering their services or products.
 

X. Beacons and cookies usage.

 
Our website may use cookies, web beacons and other technologies that can monitor your behavior as an internet user, this with the objective of giving a better service and experience to the user while navigating through the internet and to offer products and services based in their preferences.
 

Obtained personal data from these technologies are the following: browser hours, browsing time in our website, consulted sections, and previously accessed websites.

You agree that the geolocalization data retrieved from our website can be used when collected from Cacao paycard’s website or paycard platform.

XI. Consent

 
You will have full control and decission of your personal data. When you provide your personal data you confirm and accept to have read and give your authorization for your personal data to be treated in accordance to the terms and conditions of this privacy notice.
 
It is understood that you give Cacaopay your authorization and consent to treat your personal data provided by you. The denial in the use of your personal data may result in a denial in the provision of services and products offered by Cacaopay.
 
XII. Modifications to the privacy notice
 
We reserve the rights to make modifications to the present document for the attention of normative obligations, internal policies, or new requirements r services and products. These modifications will be available in our website and app in the “Privacy notice” section and will be notified the last updated version.
 
Any modification to the present document will be notified through any of our communication channels.
 
XIII. Applicable legislation, jurisdiction and Competition
 
The present document is regulated by LFPDPPP and other applicable laws from Mexico City. The acceptance in this privacy notice implies your expressed authorization for any controversy.
 
(Acceptance field) I give my permission and consent for my personal data to be treated by CacaoPay with the objectives described in this document.