CACAO PAYCARD SOLUTIONS, S.A. DE C.V., INSTITUTION OF ELECTRONIC
PAYMENT FUNDS (hereinafter “CACAO”), states that it is a corporation incorporated in Mexico with registered office at Boulevard Manuel Ávila Camacho 118, office
1103, 11th floor, Colonia Lomas de Chapultepec, Miguel Hidalgo Mayor’s Office, Zip code 11000, Mexico City, Mexico, and makes available to the USER the following General Terms and Conditions of Use that have the mandatory character and binding (hereinafter “GTC”) that regulate the access and use of the computer applications, interfaces, website www.cacaopaycard.com or any other means of electronic or digital communication that CACAO uses to operate with its users (hereinafter the “CACAO PLATFORM”).
You, (hereinafter the “USER”) declare to be a natural person older than 18 years old, with the capacity to be bound in terms of these GTC; as well as expressly state that you are acting on your own and know that CACAO is regulated in accordance with the provisions of the Law to Regulate Financial Technology Institutions, General Provisions applicable to Financial Technology Institutions and other applicable regulations in force (hereinafter “Fintech Law”).
The GTCs are available to you and the last date of your update with the aim of informing you of any modification.
By using CACAO’S PLATFORM, the USER declares that (i) he knows this document, as well as that you agree with its content and accept to be subject to the provisions of this, by continuing to use the products and services of CACAO and by expressly continuing to register on CACAO’S PLATFORM, what is considered an express acceptance; (ii) guarantees, under protest of tell the truth, be of legal age, a Mexican resident, have an address or establishment in the United Mexican States and (iii) declares through the acceptance of the GTC that is acting on its own, in terms of article 11 of the General Provisions referred to in article 58 of the Law to Regulate Financial Technology Institutions.
In addition to the acceptance of the GTC, the USER, who wishes to make use of the products or services of CACAO, you must formalize with CACAO a contract of issuance and commercial deposit of electronic payment funds (hereinafter “the Contract ”), which is made available to the USER electronically through CACAO’S PLATFORM.
The USER agrees to read the GTC and express its acceptance subject at all times compliance with the general provisions of the CONDUSEF regarding transparency and sound practices applicable to technology institutions hereinafter (“CONDUSEF Provisions”).
Any USER who does not fully and completely accept the GTC here consigned, must refrain from accessing, using and observing the Website and CACAO’S PLATFORM.
a) Account: To the account of electronic payment funds that CACAO opens to User name.
b) Banking Business Day: Means the days on which credit institutions are not obliged to close their doors or suspend Operations, in terms of the general provisions that, for this purpose, issues the CNBV.
c) FPE: To the Electronic Payment Funds, which are issued by CACAO against the receipt of an amount of money.
d) Fintech Law: To the Law to Regulate Financial Technology Institutions.
e) CACAO Platform: understood indistinctly or jointly the Application and the Website.
f)Website: Website owned by CACAO whose address is: cacaopaycard.com.
g) CACAO Card: Refers to the product offered by CACAO, consisting of a means of access with respect to the FPE of the USER’s Account.
h) GTC: To this document, called General Terms and Conditions Use of the PAYCARD PLATFORM.
i) Transfers: To the operation carried out between CACAO and another institution of electronic payment funds or Financial Entity, in accordance with which CACAO makes the payment or an order in an Account, derived from the charge that other institution of electronic payment funds or entity does in the corresponding account, equivalent to that amount of money that the USER has indicated.
j) FPE transfers: To that operation carried out by CACAO from in accordance with the contracts concluded with its USERS for the opening of Accounts, according to which said institution pays a determined amount of electronic payment funds in one of these Accounts, derived from the charge for the referred amount in any other of those Accounts.
k) User: The natural person who makes use of the services provided in CACAO’S PLATFORM
By entering CACAO’S PLATFORM, the USER acknowledges that CACAO is granting a license for temporary use of CACAO’S PLATFORM, limited, non-exclusive, non-sublicensable, revocable and non-transferable, to carry out operations and use of the CACAO Card.
The USER, regarding CACAO’S PLATFORM, agrees that its use is performed at your own risk, in relation to the services and / or products that are provided there, and specifically regarding the CACAO Card and who knows the possible technological, cyber and fraud risks in products and services financial statements marketed by CACAO, such as sending notifications of unusual operations via telephone, SMS text messages or email, among others, so for such purposes CACAO assumes responsibility for the
consequences that may arise from the before mentioned incidents, in order to guarantee and watch over the USERS rights.
CACAO’S PLATFORM, including without limitation, all content, as they are, but not limited to, texts, photographs, illustrations, graphics, videos, audio, designs, codes, data and any other information are
sole and exclusive property of CACAO, without condition to, any of the copyright, trademark rights, patent rights, base rights of data, moral rights, and other intellectual properties and rights assets of the same, since they are regulated and protected by the Federal Law of Copyright, the Law of Industrial Property, as well as any other applicable legislation on Intellectual Property.
The distinctive signs, including trademarks and commercial notices, exhibited in the services and on the CACAO Card will be the property of CACAO at all times, even if they are registered or not, and cannot be used by the USER without the express written consent of CACAO.
4.CACAO’S PLATFORM ACCESS
The USER acknowledges, accepts and understands that to make use of CACAO’S PLATFORM, must have a computer equipment with the minimum operational characteristics for the execution of CACAO’S PLATFORM, having to be achieved and paid for by himself; in case of contravening this provision, the USER will be responsible for any type of damage that may happen to them, including viruses transmitted by computer means or communication channels and, in general, by any other type of loss, impairment, destruction or deterioration that could suffer the USER in the use of said computer equipment.
The services offered in CACAO’S PLATFORM and the CACAO Card are only available to people who have legal capacity to contract. Thus, the services may not be used by people who do not have this characteristic or the minors.
5. PROVIDED DATA AND REGISTER
In order to access and make use of the products and services, the USER must register on the CACAO PLATFORM by completing the forms that CACAO makes available for such purposes, with the requested personal data, that may be: (i) full name or company name, (ii) address, -composed by street, exterior and interior number, zip code, colony, political demarcation, state, country-, (iii) occupation or activity, (iv) email, (v) password, (vi) cell phone, (vii) profiles on social networks and, (viii) geolocation, among others
The USER declares, under protest of saying the truth that, all the information and documentation you have provided and / or provide in relation to any activity that is promoted on the CACAO PLATFORM, is true, complete and correct being, therefore, obliged to compensate and remove in peace and CACAO for any damage, loss, claim and / or action that said omission or falsehood provokes it.
CACAO may use various means to identify its USERS, but CACAO is not responsible for the accuracy of the Personal Data provided by your USERS. Likewise, it reserves the right to request any proof and / or additional data and / or documentation for the purpose of corroborating the Personal Data collected for registration in the CACAO PLATFORM, which will be treated in accordance with the Privacy Notice made available to the USER.
In case of suspicion of falsification of information, documents or statements by USERS, CACAO may temporarily or definitely suspend those USERS whose data could not be confirmed. In this understanding, the USER is solely responsible for the safeguard of said authentication factors, passwords and access codes to the system, for what in this act they undertake to take the necessary security measures so that they are not used by any third party contrary to what is established in these GTC. It is prohibited that the same USER owns more than one USER account on the CACAO PLATFORM. In case CACAO detects USER accounts that contain related or matching data, you may cancel or disable them, making due notification to the USER.
The USER authorizes CACAO, directly or through third parties, to do any questions or research you consider necessary to validate your identity and / or authenticate your identity and information for the use of the CACAO PLATFORM. This may include, but is not limited to information and / or documentation about the use of the CACAO PLATFORM or require that you take actions to confirm email address, phone number, cellular / mobile, and the verification of the information in third party databases or through other sources. This process is for internal verification purposes.
7. PASSWORD RESPONSIBILITY AND AUTHENTICATION
For access to the USER’s Account, immediately after the registration process, CACAO may provide and validate an access password, factors of authentication, access codes and / or some means of identification (hereinafter “Password”), which will be considered a very personal and enabling element to access the services of the CACAO PLATFORM.
Upon second access to the CACAO PLATFORM, the USER must generate a Password that will be personal and non-transferable, so the USER undertakes to keep the confidentiality of your Access Password, assuming in otherwise, the consequences that could arise from the misuse of this by third parties other than the USER, having to keep in peace and safe CACAO for any type of unauthorized use of the Password.
Derived from the above, the USER acknowledges that he will be solely responsible for all operations carried out with your Password, so CACAO will not have any responsibility. Likewise, the USER may modify his / her Password at any time access to the CACAO PLATFORM through the indicated and informed procedure by CACAO within the CACAO PLATFORM.
8. FPE ACCOUNT LEVELS
CACAO will classify each of the Accounts in one of the three indicated levels below, depending on the criteria and requirements for opening an account concerned.
It should be noted that the USER will be made known when contracting the service with CACAO the information and / or documentation necessary to integrate your file identification.
9. PERSONAL DATA PROTECTION
The USER acknowledges and accepts that CACAO carries out the processing of their data personal and patrimonial in accordance with the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility in terms of the provisions of the Federal Law for the Protection of
Personal Data in Possession of Individuals (“LFPDPPP”), and in accordance with its privacy notice released in advance on the CACAO PLATFORM
CACAO undertakes to ensure the privacy, confidentiality and integrity of the personal data, as well as answer for any sanction or fine to which It could be a creditor, due to the misuse of personal data of its USERS.
The USER acknowledges that CACAO will receive and make notifications of confirmation or cancellation of operations, changes and receipt of information through the CACAO PLATFORM, however, they can be carried out by electronic means previously informed to the USER, therefore, under no circumstances will CACAO use unofficial communication channels, for the USER is obliged to make the following notifications:
The USER must notify CACAO through the CACAO PLATFORM, as soon as possible, if there is any change in your personal data provided in accordance with the first paragraph of the previous section and, in general, of any information that is updated or modified.
9.2 PASSWORD LOSS OR THEFT
In case of loss, theft or violation of authentication factors, passwords access and / or passwords in general, the USER must communicate such fact immediately to CACAO via email email@example.com, in which you must file a complaint, clarification or claim, with the understanding that, under no circumstances, CACAO will be responsible for the charges or operations and / or authorizations given previously to the report of theft or loss, even when they have been made by a third party.
9.3 CACAO CARD LOSS OR THEFT
In the event that the USER loses or is subject to theft of the CACAO Card, The latter must notify CACAO on any calendar day via email firstname.lastname@example.org, regarding said circumstance. The previous notice may also be made for unrecognized charges regarding of the CACAO Card from the moment of the theft or loss notice.
CACAO does not request an additional procedure in the event of theft or loss of the Card COCOA.
CACAO will provide you by email an acknowledgment of receipt and a folio that indicate the progressive number of attention to your request, indicating the date and time of the request. This information will be released to the USER at the time of request or no later than the business day following the request.
10 USES AND RESTRICTIONS OF CACAO PLATFORM
The CACAO PLATFORM is used to provide its Users with a functional tool with which they can carry out different operations, such as:
For the USER to access the CACAO PLATFORM, it will be necessary that this is authenticated through the Password that CACAO requested, and which they were assigned to you during the registration process. Once authenticated you can make use of the CACAO PLATFORM to carry out operations.
Through the GTC, the USER is informed that through the PLATFORM It may contract with CACAO the opening of an FPE Account with means of disposal consisting of the CACAO Card.
In this regard, the services offered on the CACAO PLATFORM are the consisting of the payment of resources to the Account, Transfers, Transfers of FPE, referral of FPE and administration of the FPE Account, including the record of the operations that the USER performs, if applicable.
As a result of the registration of the operations carried out with the Card CACAO, the USER may consult in the CACAO PLATFORM its movements and balances. The USER accepts that not all uses or functionalities will be available from start, since some of them can only be used later upon your hiring, such as activation or registration, as indicated in the conditions of contracting established in the respective documentation. Notwithstanding the foregoing, CACAO informs that the CACAO PLATFORM may not be used for purposes other than those expressly stated in these GTC.
10.2 PLATFORM RESTRICTIONS
a) The use of the CACAO PLATFORM by any person who does not have the quality of USER. Its use implies adherence to the present TCG.
b) The USER acknowledges that the use of the contents does not provide no property rights over them.
c) CACAO is solely responsible for providing the USER with a password user and password.
d) It is the USER’s responsibility to immediately notify CACAO, In the event that you suspect that someone else is using your Account to access the CACAO PLATFORM.
e) The USER agrees to use the content of the CACAO PLATFORM of correctly and subject to respecting all property rights on the referred content.
f) If the USER requires notification of any case of which he believes that he is infringing the copyright, intellectual property or any other, as well as inappropriate material, you must report it to CACAO.
g) The total or partial reproduction of the contents of this page is prohibited by any means or procedure, without prior express and written authorization of CACAO.
11.1 PLATFORM MODIFICATIONS
CACAO reserves the right to delete or modify the content of the CACAO PLATFORM, likewise, will not be responsible for its validity or alteration of content. However, unless it is due to a failure or delay justified by CACAO regarding the edition and / or update of this document, CACAO will be responsible for any damage and / or loss, direct or indirect, caused by virtue of the USER’s trust in the information obtained through the CACAO PLATFORM. In this way, the USER agrees to review said GTC periodically. in order to keep abreast of such modifications. However, above, each time the USER accesses the indicated site, it will be considered as an absolute acceptance to the modifications of the present agreement.
11.2 GTC MODIFICATIONS
The parties acknowledge and accept that these GTC, as well as any other document that is part of this agreement, may be unilaterally modified by CACAO, being sufficient for this prior notification with 30 (thirty) calendar days in advance of the date on which the modification takes effect.
The modifications will be valid through the express or tacit acceptance of the USER, so it is understood that once said documents have been delivered or made known to the USER, and as long as it does not manifest anything otherwise within 3 (Three) business days after delivery or knowledge, said documents and their content will be applicable and valid for the user.
12. PLATFORM AVAILABILITY
The USER will have access to the CACAO PLATFORM at any time, say 365 calendar days during 24 hours a day, to carry out operations in the Account as long as there are sufficient PEFs. Otherwise, must be subject to the schedules that the National Banking and Securities Commission establishes in General Provisions to determine the hours in that the financial institutions of the bank accounts through which will make Transfers or Transfers of Electronic Payment Funds to their Accounts must close their doors, suspend operations, as well as the provision of services to the public in the Mexican Republic Operations carried out on the CACAO PLATFORM other than the issuance successfully executed within the days and hours allowed, as agreed above, they will take effect on the day they are made, in the understanding of that the operations that have been pending due to not having been executed within the days and times established above, they will take effect at the next Business Day to which they are carried out, as long as no impediment to its execution. Regarding FPE issuance operations, CACAO will issue them in the three seconds immediately after the one in which CACAO receives the resources respective, for which CACAO has through these TGC and the Contract with the express consent of the USER to carry out the aforementioned issuance of FPE. This authorization is at the time of registration and acceptance of the corresponding Contract. In case of failures in the CACAO PLATFORM, it will carry out all the procedures necessary in order to achieve continuity in services on the CACAO PLATFORM. Any notification that must be made to the USER regarding failures of the system, processes and / or options to guarantee the continuity of services and operations of the CACAO PLATFORM will be done through the mail registered by the USER.
In the event that these failures last for more than 24 (twenty-four) hours, CACAO will notify CONDUSEF, by email sent to the account email@example.com, in order to inform the USER the means alternatives for the continuity of the services provided by CACAO and, where appropriate, the CONDUSEF can attend the queries and claims of the USERS of CACAO. Said notification must contain the date and time of the start of the failure; so that CACAO will indicate if the failure continues or if it has already concluded; as well as an explanation of the type of affectation and the term in which it will be resolved.
13. INFORMATION PRIVACY
CACAO guarantees that all personal information is processed and stored in servers or magnetic media that maintain high security standards and both physical and technological protection, in addition to ensuring compliance of article 73 of the Fintech Law.
14. RELATED DOCUMENTS
The USER acknowledges that any printed or digital document where establish obligations derived from the use of the CACAO PLATFORM, is an integral part of these GTCs and therefore will have full validity and will full proof.
15. PLATFORM USE RISKS
All the risks derived from the use of the CACAO PLATFORM, the use or contracting any of the services offered in or in relation to CACAO, and / or the use of any content will be the responsibility of the USER, so CACAO recommends acting with prudence and common sense when carrying out operations and use of the CACAO PLATFORM. In no case, CACAO or any of its directors, employees, agents or affiliates will be responsible for damages, direct, indirect, derived from the use of these conditions. Additionally, the USER is informed that the Federal Government and the Entities of the Parastatal Public Administration may not be responsible or guarantee the USER resources that are used in the operations they carry out with CACAO or in front of others, nor assume any responsibility for the obligations contracted by CACAO or by a USER against another, by virtue of the operations they celebrate.
The USER will indemnify CACAO, its subsidiaries, related companies, executives, administrators, representatives, employees, suppliers, vendors and advisors for any action, lawsuit or claim arising from any breach by the USER to these GTC; including, without limitation of any of the derivatives of: i) Any aspect related to the use of the CACAO PLATFORM; ii) The information contained or available in or through said site or insults, defamation or any other conduct that violates the document by the USER in the use of the CACAO PLATFORM noted; iii) Violation of applicable laws or international treaties relative to the intellectual property rights, contained or available in, or through said website.
17. CLARIFICATIONS AND COMMUNICATION
Any clarification or claim that USERS have related to these GTC or, where appropriate, with the specific Contract, must be channeled to your attention directly to CACAO with the documentation that proves its validity and in accordance with the clause indicated in said document. The USER who wishes to file a complaint, clarification or claim must get in touch with the Specialized Service Unit for USERS of CACAO (UNE) on the phone 55 5005 9999, email firstname.lastname@example.org
Additionally, CACAO makes available the following means of communication with the user:
18. UNRECOGNIZED CHARGES
In case of unrecognized charges, the USER must notify CACAO a notice for this concept via email to email@example.com, within a maximum period of 90 (ninety) days after the charge was made, in which case CACAO must pay, no later than the second Banking Business Day after the one in which you have received the respective notice, the amount equivalent to the chargerecognized, as long as the aforementioned notice has been generated within the term mentioned in this section. In this regard, the USER is informed that CACAO will not be obliged to carry out the fertilizer referred to in the previous paragraph, when CACAO verifies that in the operation that caused the unrecognized charge were used, at the time doing it, two of the independent elements applicable to authenticate the operations as authorized by the USER, that is, two Passwords, or, only one of these elements was used at the time of the operation and another of said elements at the time of delivering the good or service acquired in virtue of said operation.
In this regard, CACAO will not respond to charges not recognized in the Account or on the CACAO Card prior to the notice of theft or loss of the means of referred provision, while the USER will not be responsible from the moment you make the announcement. In any case, CACAO will have the right to demand the payment of the charges made and previously authorized by the USER. CACAO must pay, no later than the second Banking Business Day counted to from the day the USER has submitted the corresponding notice of theft or loss of the CACAO Card, the amount equivalent to the charges claimed, provided that the following assumptions are met:
a) CACAO does not verify, through the opinion in clear language and simple regarding the authentication factors used in the operations claimed, as well as the time of the operation and the name the recipient of payments where the transaction originated, that the charges claimed derive from operations in which, to carry them out, require the USER to use at least two independent elements to authenticate operations as authorized by it. East assumption is not applicable in case of charges that have been product of an operational failure attributable to CACAO that receives the corresponding notice or, in the case of charges made to another institution of electronic payment funds or Financial Entity, to the institution of electronic payment funds or acquiring financial entity. The facts referral authentication must be any of the following:
Information that CACAO provides to the USER or allows the USER generate, so that only he knows it, so that he can enter the system authorized by said institution to start the operation in question, such as password or number of personal identification.
Information contained, received or generated by means or electronic devices that only the USER owns, including that stored in an integrated circuit or chip that is processed in accordance with the standards that Banco de México determines in the corresponding regulation, as well as that obtained by dynamic password generating devices that CACAO provide the USER. The above, as long as said information is generated with properties that prevent its duplication or alteration and that is dynamic information that does not can be used on more than one occasion.
Information derived from the USER’s own characteristics, such as those of a biometric nature, including fingerprints fingerprint, hand or face geometry, iris patterns or retina, among others.
Any other element other than those provided in the points above that is determined in the provisions of the character jointly issued by Banco de México and the National Banking and Securities Commission in accordance with the Article 56, second paragraph, of the Fintech Law.
b) Regarding notices of theft or loss, and such charges are not recognized by the USER and correspond to operations that have been carried out during the forty-eight hours prior to the notice and that no have authenticated using the two authentication factors.
c) In case of claims for unrecognized charges, the notice is made within ninety Banking Business Days after the date on that the unrecognized charge has been made.
In the event that the return of the resources to the USER is appropriate respective charges for claimed charges that have been made to another institution of electronic payment funds, the institution of electronic payment funds acquirer who processed the unrecognized charge, will have the obligation to compensate the issuing institution the monetary resources associated with said position in a period that may not exceed two Bank Business Days counted from the date receive the corresponding notification from the issuing institution, in case that the issuing institution has required the use of factors of authentication in accordance with the provisions of the first paragraph of this section, but the acquiring institution of electronic payment funds has not provided to the issuing institution sufficient elements to validate the authenticity of said factors. The acquiring electronic payment fund institution The resources mentioned in this paragraph may only be passed on to the commerce, in the cases in which it has provided it with the elements necessary to request authentication factors in accordance with the provisions of the first paragraph of this section and has agreed with the merchant that it will assume costs for unrecognized charges for which you have chosen not to request factors authentication, likewise, in no case the institution of payment funds electronic acquirer may oblige the merchant to use the factors of authentication mentioned above.
The payment referred to in the previous paragraph will not be applicable when the issuing institution, within the aforementioned period, check to the USER that the Claimed charges correspond to operations with the CACAO Card and were made in accordance with the Passwords indicated in this section, unless
that there is evidence that the charge was the product of an attributable operational failure to the issuing institution or the acquiring electronic payment fund institution, as would be the case of a duplicate charge.
19. VALIDITY OR PERIOD OF GRACE
The validity of these GTCs will be indefinite from the date of acceptance, However, the USER may close his Account at any time, through proper notification. The USER will have a period of ten business days after signing the Respective contract, to cancel it without responsibility for it, in which CACAO case will not be able to charge any commission, because the USER has not used or operated the contracted products, being sufficient for this the presentation of a cancellation request through the CACAO PLATFORM. Bliss Cancellation will be appropriate as long as the USER has not had services.
20. TERMINATION AND EARLY EXPIRATION
A) Early termination
The USER may request CACAO at any time, during the term of the GTC, the early termination, and consequently the closure of the Account, without any conditions, without informing or justifying the reasons, upon request directed and delivered to the latter through the channels established within the CACAO PLATFORM, or by calling the telephone number 55 5005 9999, or to the email firstname.lastname@example.org. CACAO will provide you by email an acknowledgment of receipt and a folio that indicate the progressive number of attention to your request, indicating the date and time of the request. This information will be released to the USER at the time of request or no later than the Business Day following the request. In response to such requests, CACAO, must ensure the authenticity and veracity of the identity of the USER. Upon early termination, CACAO no longer will process the registration requests of those USERS, nor will it provide some other service.
B) Early expiration
CACAO may terminate the relationship derived from these GTC, without responsibility at your expense, giving notice to the USER in writing through the mail electronic data that the USER has indicated for this purpose in their registration, and without need for judicial declaration, It is expressly agreed by the PARTIES that upon termination of the agreement of these GTC in accordance with the provisions of subsection b) above, will expire CACAO’s commitment to carry out the operations with the USER immediately and services referred to in these GTCs, and will be considered expired and
immediately payable all amounts owed at that time the USER to CACAO, without presentation requirement, requirement, demand, request or other notice of any nature, all of which the USER waives
21. NON TRANSFERABILITY
Neither the USER nor CACAO may assign or transfer the rights and obligations of the present TCG agreement.
22. JURISDICTION AND APPLICABLE LAW
These GTCs will be governed in all their points by the laws in force in the United Mexican States, in particular with regard to data messages, Electronic contracting and commerce will be governed by the provisions of the legislation respective federal. Any dispute arising from this agreement, your existence, validity, interpretation, scope or compliance, will be subject to the applicable laws and competent Courts. These GTCs will be subject to and will be interpreted in accordance with the laws and before the courts of Mexico City.
23. AUTHORIZATION TO REQUEST CREDIT INFORMATION
The USER authorizes by this electronic means for a single occasion to CACAO for through its authorized officials to carry out investigations into your credit behavior in credit information companies that it deems
convenient and if required. The USER declares to be aware and expressly accept that this electronic means and / or data message remains the property of CACAO and / or any Credit Information Society to whom request the credit information service, for control and compliance purposes of article 28 of the Law to regulate Credit Information Companies.
It is indicated as the physical address of CACAO: Boulevard Manuel Ávila Camacho 118, office 1103, 11th floor, Colonia Lomas de Chapultepec, Miguel Hidalgo Mayor’s Office, Zip Code 11000, Mexico City, Mexico, telephone number 55 5005 9999 and as an electronic contact email@example.com.
25. AUTHORIZATION FOR MARKETING, ADVERTISING AND REGARDING THE PROCESSING OF PERSONAL DATA
The USER may authorize CACAO, so that the information contained in the TGC is used for marketing and advertising purposes, as well as to receive CACAO advertising at your address. However, the foregoing, the USER may at any time revoke the authorization provided to CACAO in terms of its Privacy Notice.
In terms of what is established by the Federal Law on Protection of Personal Data In Possession of Individuals, the USER may grant CACAO his express consent for the processing of Personal Data, accepting the these GTC, by which CACAO will have the obligation to inform the USER, through the Privacy Notice, the information collected from it and for what purposes
26. PREVENTION OF MONEY LAUNDERING AND FINANCING TERRORISM.
THE USER declares and guarantees that the funds that will be used to carry out operations with CACAO, in execution of these GTC, do not originate or come from activities related to drug trafficking, terrorism or other illicit activities.
THE USER acknowledges that they are obliged to provide the information requested by CACAO, for the proper identification of THE USER in compliance with the national regulations on the prevention of money laundering and terrorist financing.
The Parties undertake that, on the date of acceptance of these GTC, Neither they, nor their directors, officers or employees have offered, promised, delivered, authorized, requested or accepted any undue, economic advantage or otherwise (or hinted that they will or could at some point future) related in any way to these GTC and that they will have adopted reasonable measures to prevent subcontractors, agents or any other third party that is subject to your control or to your determining influence
What to keep in mind about cyber scams:
Cyber frauds are those scams that are used through the networks to carry out illicit transactions. The offender uses technological tools sophisticated to remotely access your cyber identity information.
Many times the people who carry out this type of fraud take advantage of the ignorance or the little care that people get when using any cybernetic equipment, such as a tablet, phone or laptop, becoming an easy target for scammers.
These scams can occur in many ways and at any time for that It is advisable to know the most typical aspects that these criminals use, among the most frequent are:
Commonly known as SPAM, it is a message sent to several recipients who usually did not request it, apparently for purposes advertising or commercial
The information contained in said email invites you to visit a page or download some file that is generally a virus that steals your information device.
In this form of fraud, they send you SMS messages to your mobile phone with the purpose for you to visit a fraudulent website, in order to obtain your banking information, to carry out transactions on your behalf.
In this type of fraud, they pose as a Financial Institution, sending a message indicating an error in your bank account, and when entering your data financial, obtain your confidential information such as: your card numbers, keys, bank account data, passwords, etc.
A variant of this fraud is telephone phishing (vishing), whereby criminals pretend to be employees of a Financial Institution and inform you that your accounts are registering irregular charges or require any confidential information.
In this mode you are redirected to a fake internet page through windows emerging, to steal your information. They usually display similar legends in which indicate that you were awarded an award for visiting their page.
In this case they pose as a company that makes very attractive offers, so when buying they ask you to make a transfer in exchange for said product and when you go to said company you realize that there never was such offer or buy.
In this type of fraud, your data is stolen by means of Malware (code malware / malicious software), which is inserted into your mobile phone when you enter the application, the Malware shows a fake sale, where your data is requested confidential such as financial data which is sent to the scammers so that they can misuse them.
When downloading some software from an unreliable page or for free, it may contain a virus that allows the scammer to take your information personal directly from your computer.
How can you avoid it?
a) Install a good antivirus on your computer or mobile device, use a firewall or anti-spyware software to protect your computers from some malicious virus.
b) Don’t “click” or open suspicious links.
c) If you download applications and / or software, do it through the stores and official developers.
d) Do not reply to emails that say you have won a prize, trip or raffle.
e) Verify that the site you are browsing has the security protocol “https: //” and a closed padlock in the address bar.
f) Never give your data by email.
g) Companies and banks will never request your financial data or card numbers by any means, such as by phone or internet, when you are not the one to initiate an operation. If you still have questions, call to the CACAO service numbers and verify the facts.
h) Be wary of online purchases when they ask you to make a deposit to bank accounts other than the company.
i) Take care of your personal passwords, personal identification number (PIN), change them periodically.
Remember that the people who carry out this type of fraud are skilled and deceive with alarmist tactics or urgent requests to worry you and avoid that you think about the situation well, do not panic and before doing any action verifies the provenance source.
In no case may the USER make use of the services provided by CACAO to unless you have accepted, or are deemed to have accepted (by accessing to the CACAO PLATFORM the use of the services). So you accept and acknowledge that Acceptance of these GTCs has the same legal effect as placing your physical signature in any contract or agreement of wills, constituting your will and consent free of any vice, accepting all the terms contents.
At any time, the USER may go directly to the CONDUSEF to any clarification or query, or, contact it through its Center of Telephone Service (01 800 999 80 80/53 40 09 99), their website www.condusef.gob.mx, or in the emails: y firstname.lastname@example.org.
31. DISCLOSURE OF INFORMATION
CACAO will not incur in any responsibility, when the Information Confidential that has been provided, is known by any third party, by any of the following causes:
a) When Confidential Information becomes public domain,
b) When the owner of the Confidential Information authorizes in writing that the Confidential Information without restrictions to third parties, as establish; or
c) In the event that, by legal, administrative or judicial order to deliver, totally or partially, the Confidential Information.
d) When you obtain Confidential Information from a third party without the breach
In any case, the disclosure of any type of USER information by of CACAO to the Financial Authorities will not imply any transgression to the obligation of legal confidentiality, nor will it constitute a violation of the restrictions on disclosure of information established by any contractual means.
Last updated: November 24, 2020.