Privacy Policy
FLEXAUTO'S COMPREHENSIVE PRIVACY policy
FLEXCAR MÉXICO MOVILIDAD S.A. DE C.V., ("FLEXAUTO") or FLEXCAR MEXICO RENTAL CAR S.A. DE C.V. ("RENTAL CAR"), with address at CALLE HEGEL 713, COLONIA POLANCO V SECCIÓN, ALCALDIA MIGUEL HIDALGO, CP 11560, CIUDAD DE MÉXICO, MEXICO is responsible for the collection, use, storage, processing, transfer and protection of the personal data of the holders (the "Holder", or the "Holders", as the case may be), in terms of the Federal Law for the Protection of Personal Data, in accordance with the Federal Law for the Protection of Personal Data, or the "Data Subjects", as the case may be), under the terms of the Federal Law for the Protection of Personal Data in Possession of Individuals (the "Law"), its Regulations (the "Regulations") and other applicable legal provisions (collectively, the "Data Protection Regulations").
For the purposes of this privacy notice (the "Privacy Notice"), the following shall be understood as (i) "Personal Data", that information concerning an identified or identifiable natural person, in accordance with the provisions of section V of Article 3 of the Law (the "Personal Data"); and (ii) "Sensitive Personal Data", those that affect the most intimate sphere of the Data Subject, or whose improper use may give rise to discrimination or entail a serious risk to the Data Subject, that is, that may reveal aspects such as racial or ethnic origin, present and future state of health, genetic information, religious, philosophical and moral beliefs, trade union membership, political opinions, sexual preference, in accordance with the provisions of section VI of Article 3 of the Law (the "Sensitive Personal Data").
FLEXAUTO adheres to the guiding principles for the protection of Personal Data and Sensitive Personal Data:
Lawfulness: The processing of Personal Data carried out by FLEXAUTO shall at all times be carried out in compliance with and in accordance with the provisions of the Data Protection Regulations.
Consent: Express consent will be required, either in writing or through digital means, from the owner of the Personal Data and/or Sensitive Personal Data for the processing thereof.
Information: Through this Privacy Notice, FLEXAUTO discloses to the general public, information regarding the existence and main characteristics of the processing to which their Personal Data and/or Sensitive Personal Data will be subjected.
Quality: By virtue of this principle, FLEXAUTO assumes that the Personal Data and/or Sensitive Personal Data that are processed in accordance with this Privacy Notice are accurate, complete, relevant, correct and updated. Such Personal Data and/or Sensitive Personal Data processed by FLEXAUTO shall be deemed to comply with the above characteristics when provided by the data subject.
Purpose: Personal Data and Sensitive Personal Data collected by FLEXAUTO may only be processed in accordance with the purposes mentioned in this Privacy Notice.
Fairness: FLEXAUTO is obliged to treat Personal Data and Sensitive Personal Data, protecting the interests and privacy of the owner.
Proportionality: FLEXAUTO will only request from the data subjects those Personal Data and Sensitive Personal Data that are necessary, adequate and relevant in relation to FLEXAUTO's purposes.
Responsibility: FLEXAUTO is strictly responsible for the totality of the Personal Data and/or Sensitive Personal Data that the data subjects share with FLEXAUTO.
FLEXAUTO uses the strictest security measures to care, access, use and handle its own information and data, as well as the information and data of FLEXAUTO's employees, customers, suppliers and any other person, company or entity related to FLEXAUTO. Likewise, it is worth mentioning that FLEXAUTO uses the same security measures in relation to its Personal Data and/or Sensitive Personal Data as it does with its own.
This Privacy Notice is designed to ensure that FLEXAUTO's privacy practices are properly understood by individuals in a format that is easy to read, understand and navigate. FLEXAUTO makes the Privacy Notice available to you for your knowledge, as well as your choices about how the information is used:
Defined Terms
Privacy Notice: Means, this Privacy Notice.
CURP: Means, the Unique Population Registry Code.
Biometric Data: Means physical, physiological, behavioral or personality traits that are attributable to a single person and that are measurable.
Patrimonial or Financial Data: It is the information on the economic capacity, number and type of credit card, issuing institution, mortgage credits, movable credits and credit history of the holders that refers to the resources they possess and their capacity to meet their debts in the event of being authorised an instalment sale plan with interest with reservation of ownership for the purchase of a used vehicle.
Sensitive Personal Data: means those personal data that affect the most intimate sphere of their owner, or whose improper use may give rise to discrimination or entail a serious risk for the owner. In particular, data that may reveal aspects such as racial or ethnic origin, present and future state of health, genetic information, religious, philosophical and moral beliefs, trade union membership, political opinions and sexual preference are considered sensitive.
Personal Data: means any information concerning an identified or identifiable natural person.
Telematics Data: Means data obtained through GPS Systems that may relate to location, speed, idle times, acceleration or sudden braking, fuel consumption, vehicle faults and any other data derived from the use, operation and condition of the vehicle.
ARCO Rights: means the rights of access, rectification, cancellation and opposition.
FLEXAUTO : Means FLEXCAR MEXICO MOBILITY, SA de CV.
Law: Means the Federal Law for the Protection of Personal Data in Possession of Individuals.
Data Protection Regulations: Means, jointly, the Law, the Regulation, and the other applicable legal provisions regarding Personal Data and Sensitive Personal Data.
Regulation: Means the Regulation of the Federal Law on the Protection of Personal Data in Possession of Individuals.
RFC: Means, Federal Taxpayers Registry.
RPC: Means, Public Registry of Commerce.
GPS or GPS Systems: Means Geographic Positioning System (Global Positioning System).
Data Subject(s): Means the owner of the Personal Data or Sensitive Personal Data.
What will your Personal Data be used for?
The Personal Data collected by FLEXAUTO from the Data Subjects will be used, among other things, for the following primary purposes: (i) the maintenance, development, control and execution of the professional relationship that, within the framework of the sale and purchase, lease, hire purchase with interest with reservation of title, swap, held with FLEXAUTO; (ii) to comply with the applicable regulations on the prevention of money laundering; (iii) carrying out the tasks of invoicing, clarifications and collection follow-up; (iv) carrying out the tasks of staff recruitment, selection processes, payroll payments and other related tasks; (v) determining the investment and risk profile and the transactional profile; (vi) to carry out credit bureau and credit history investigations on my behaviour before the Credit Information Companies they deem appropriate; (vii) to inform about certain products or services related to the object of the professional relationship referred to in point (i) above, and the changes that derive therefrom; (viii) to keep the Owner's information duly updated; (ix) notifications about changes in the conditions of the services provided, if applicable; (x) to collect, through the GPS of the FLEXAUTO Vehicle, Telematic Data associated with the performance, use, operation and status of such FLEXAUTO Vehicle; and (xi) to evaluate the quality of the service.
In addition, FLEXAUTO will use your personal information for the following secondary purposes that are not necessary for the requested service, but which allow and facilitate providing you with better service, such as (i) sending you information, advertising, communications and news; (ii) the preparation of a report on the services provided in order to include them as a FLEXAUTO experience; (iii) other marketing, advertising or commercial prospecting purposes; (iv) home delivery service; (v) customer services; (vi) quality and customer satisfaction surveys; and (vii) market research.
In terms of the provisions of the Data Protection Regulations, when FLEXAUTO does not inform the Data Subject of this Privacy Notice directly or personally, but indirectly, the Data Subject shall have a period of 5 (five) working days from the date the Privacy Notice was made available to them in order for them to, if applicable, to express their opposition to the processing of their Personal Data or Sensitive Personal Data, since, in the event that the Data Subject does not express their opposition, it shall be understood that they grant their consent to the content of this Privacy Notice to FLEXAUTO.
Specifically, and with respect to each area of FLEXAUTO, the purposes shall be, by way of example but not limited to, the following, on the understanding that at all times shall comply with the Data Protection Regulations:
I. Visitors
To control access to all FLEXAUTO facilities.
Maintain security in our facilities through video surveillance.
II. Customers
Establish a commercial relationship.
To comply with and maintain the contractual obligations arising from the relationship with the Holder of the Personal Data and/or Sensitive Personal Data.
To establish security mechanisms in favour of the people who visit FLEXAUTO's facilities.
Evaluation of the products and services offered.
Advertising services.
To authorize the use of image, voice, photography or video for testimonials, commercials and/or FLEXAUTO capsules.
Recording of calls through FLEXAUTO's contact centres or call centres for quality purposes.
Investigations in credit bureau, credit history, credit information companies, bank references, for the knowledge of the credit behaviour of the client for the establishment of commercial relations with the same.
Investigation of judicial antecedents.
Process your payment transactions.
Protect against and prevent fraud and other legal or information security risks.
Collection follow-up.
Returns.
Statistical data.
Answering your questions and responding to your requests.
Access and services through electronic means.
Providing other services.
Development of databases.
III. Suppliers
Establish a commercial relationship.
To establish security mechanisms for people visiting FLEXAUTO.
To comply with and maintain the contractual obligations arising from commercial relations.
To carry out internal audits, as well as audits to be carried out by third parties contracted by FLEXAUTO.
Making payments and carrying out invoicing procedures.
Evaluation of services.
Advertising services.
Creation of databases.
IV. Newsletter, website and mobile application
Offer and evaluation of FLEXAUTO products and services.
Sending of information related to FLEXAUTO.
Where appropriate, establish a commercial and/or employment relationship between the Data Subject and FLEXAUTO.
Consultations and surveys by FLEXAUTO.
Knowledge and control of users visiting the website and downloading the FLEXAUTO mobile application.
Traffic source storage.
Monitoring of user behaviour.
Improving the browsing experience on the website and mobile application.
Gathering of information.
Addressing and following up on queries, complaints and/or comments.
Use of cookies.
V. Selection and Recruitment
Analyse, select and qualify the most suitable candidates for the job or position offered within FLEXAUTO.
To compile a physical and/or digital file of the candidate.
Application of tests, evaluations and socio-economic studies.
Temporary maintenance of a bank of possible candidates to occupy a post or position within FLEXAUTO.
Preparation of databases.
Preparing and submitting, where appropriate, offer letters to candidates.
Carrying out academic, employment and background checks and requesting references.
Maintaining communication with the candidate during the recruitment and selection process.
Onboarding potential candidates through the referral programme.
VI. Administrative and Unionised Staff
Establish an employment and/or contractual relationship with the people who provide their services to FLEXAUTO.
To give continuity and fulfilment to the labour and/or contractual relationship with the people who provide their services to FLEXAUTO.
To establish security mechanisms within FLEXAUTO's facilities.
To give attention to the administrative and legal requirements made by the competent authorities, previous written order, and which are related to the labour and/or contractual relations.
Elaboration of databases.
Safeguarding of personal documentation for the generation of internal files.
Authorise and deliver the corresponding accesses to FLEXAUTO's facilities.
Providing the necessary working tools to carry out their functions.
Arranging major medical insurance and life insurance, if applicable.
Training, training and performance evaluations.
Payment and administration of payroll, benefits, salaries, wages, benefits, bonuses, reimbursements, pensions and other benefits.
Recording of calls and video calls.
To authorise the use of image, voice, photography or video for internal or external use in printed materials, digital, social networks, among others for internal material, advertising, training, testimonials, commercials and / or capsules of FLEXAUTO.
Carry out statistics, analysis or reviews in order to ensure the confidentiality of FLEXAUTO's proprietary information (such as trademarks, trade secrets and confidential information) and to measure labour effectiveness, for these purposes FLEXAUTO may carry out random review of the information contained in computers and other devices provided as work tools.
Conduct investigations in case of complaints, violations of applicable laws or FLEXAUTO's internal policies.
To integrate physical and/or digital files of employees.
VII. GPS and in-vehicle monitoring systems
Collection of telematic data.
Generation of statistical data.
Evaluation of products and services offered.
To comply with and maintain the contractual obligations arising from the relationship with the Data Subject and/or Sensitive Personal Data.
Study of driving patterns.
Diagnosis of vehicle problems.
Preparation of databases.
Real time geolocation of the vehicle owned by FLEXAUTO for supervision, contingency resolution and security.
Immobilisation of the unit at FLEXAUTO's discretion.
FLEXAUTO will periodically update the Personal Data and/or Sensitive Personal Data of the Data Controllers, requesting from the Data Controllers, as required from time to time, the information necessary to carry out such update and, where appropriate, authorisation.
What Personal Data and/or Sensitive Personal Data are required to achieve the above?
For the above purposes, FLEXAUTO requires or may require the collection of the following Personal Data and/or Sensitive Personal Data from the Data Subject, as the case may be and depending on the type of operation to be carried out. For those Sensitive Personal Data that FLEXAUTO collects and processes, the express consent of the Data Subject shall be required at all times. The Personal Data and Sensitive Personal Data collected and processed by FLEXAUTO may belong to the categories of (I) identification data, (II) employment data, (III) education data, (IV) banking and billing data, (V) vehicle identity data and (VI) Telematic Data.
I. Customers
1. Individuals and Individuals with Entrepreneurial Activities
Identity data:
Name, address, CURP, proof of weeks contributed at the Mexican Social Security Institute, home telephone, work telephone, mobile phone number, autographic signature, place and date of birth, nationality, age, proof of address, biometric data consisting of fingerprints, voice, hand geometry, geometry and facial features.
Vehicle identity data:
Unit invoice, registration card, current invoice or rebill endorsements, installment sales contracts with interest with reservation of title on vehicles, telematics data consisting of vehicle performance, usage, operation and condition, speed information, continuous readings, odometer, battery usage management information, electrical and mechanical system functions, information system data, safety related data, trip data and distances travelled, repair history and vehicle service history and driving patterns.
Electronic:
Email, social media, geolocation, IP address and digital signature and/or advanced electronic signature.
Legal:
Court records, contracts or purchase orders, official identification.
Fiscal:
RFC; tax address; invoices; fee receipts; withholding sheet, annual tax return opinion of compliance with the Tax Administration Service.
Patrimonial and Financial:
CLABE Interbancaria; amount of the operation or contract; amount of the payments to be executed towards FLEXAUTO; credit history, quotations, past and present credit history (which, is obtained by means of the information yielded by the Credit Information Society(s)), proof of employment relationship, proof of income, employment and personal references.
2. Legal persons.
Identifiers:
Name or company name, address, proof of address, articles of incorporation, registration details with the RPC, telephone number.
Vehicle identity data:
Unit invoice, registration card, invoice or re-invoicing endorsements, current, installment sale contracts with interest with reservation of title of vehicles, telematics data consisting of vehicle performance, usage, operation and condition, speed information, continuous readings, odometer, battery usage management information, electrical system functions, information system data, safety related data, trip data and distances travelled, repair history and vehicle service history and driving patterns.
Electronic:
Email, social media, website, digital means of contact.
Legal:
Court records, contracts or purchase orders.
Fiscal:
RFC; tax domicile; withholding sheet; annual tax return, SAT compliance opinion.
Patrimonial:
CLABE interbank, account statement, account number, multiple banking institution where the bank account is held, amount of the transaction or contract, amount of the requested monthly payment plan; credit history, quotations.
Credit Information Companies:
In case of applying for financing, your credit bureau or any other deemed necessary will be reviewed.
3. Main contact and/or legal representative of a legal entity.
Identifiers:
Name; address, CURP, telephone and extension, mobile phone number, signature; place and date of birth, nationality, age, biometrics consisting of fingerprints, hand geometry and facial features.
Electronic:
Business email, electronic signature and/or advanced electronic signature.
Work-related:
Occupational occupation.
Legal:
Judicial record, power of attorney, contracts or purchase orders and official identification.
II. Suppliers
1. Individuals:
Identification:
Name; address, CURP home phone number, mobile phone number, signature, place and date of birth, nationality, age, proof of address, biometric data consisting of fingerprints, hand geometry and facial features.
These data are collected only in the case of a natural person with business activity, and their tax and contact details match the particulars.
Electronic:
Email, social networks, website, digital signature and/or advanced electronic signature.
Fiscal:
RFC; tax address; SAT compliance opinion, invoices; fee receipts; withholding sheet; annual return and REPSE where applicable.
Legal:
Judicial antecedents, contracts or purchase orders and official identification.
Patrimonial:
Bank Account Number, Interbank CLABE, amount of the operation or contract, personal or commercial references.
2. Legal persons.
Identification:
Name or company name, address, proof of address, articles of incorporation, registration details with the RPC, telephone number.
Electronic:
E-mail, social networks, website, electronic signature and/or advanced electronic signature.
Legal:
Judicial records, contracts or purchase orders.
Fiscal:
RFC; tax domicile; SAT compliance opinion, vehicle invoice; fee receipts; withholding sheet; annual tax return, and REPSE if applicable.
Patrimonial:
CLABE interbank, account statement, account number, multiple banking institution where the bank account is held, amount of the operation or contract, amount of the payments of the contract entered into; credit history, quotations.
Credit Information Companies:
In case of seeking to start a business relationship with FLEXAUTO, FLEXAUTO reserves the right to check the credit bureau or consult any other credit, commercial or labour reference deemed necessary.
3. Main contact and/or legal representative of a legal entity.
Identifiers:
Name; address, CURP, telephone and extension, mobile phone number, signature; place and date of birth, nationality, age, biometrics consisting of fingerprints, iris, hand geometry and facial features.
Vehicle identity data, such as unit invoice, registration card, invoice endorsements or re-invoicing, proof of current address, installment sale contracts with interest with reservation of ownership of vehicles.
Electronic:
Business email, digital signature or advanced electronic signature.
Employment:
Work occupation.
Legal:
Judicial record, power of attorney, contracts or purchase orders and official identification.
III. Newsletter, website and mobile application.
1. Individuals:
Identification:
Name, CURP, RFC, home phone number, mobile phone number.
Academic:
Name of related educational institutions, speciality(ies), curriculum vitae, reference letters.
Electronic:
Email, social networks, IP address.
Patrimonial:
Bank details: Cardholder's name, expiry date, security code.
These data are collected only if the person chooses to enter them.
IV. Selection and Recruitment
Identification data:
Name, address, home telephone, mobile phone number, CURP, RFC, signature, date of birth, age, photograph, nationality and/or immigration documents, personal references, audio and video while on FLEXAUTO premises.
Electronic:
Email, social networks, digital signature.
Legal:
Official identification.
Academic:
Level of studies, professional credentials, academic records and/or grade records, degrees, certificates, diplomas, certificates, diplomas, certificates, acknowledgements, letter of internship, and/or recommendations.
Employment:
Curriculum Vitae or resume, job application, employment references, work references, psychometric evaluations; knowledge and technical evaluations, information obtained during the interview process.
V. Administrative or Unionised Staff
Identifiers:
Name, birth certificate, age, names of parents and beneficiaries, marriage certificate or marriage bond registration data, birth certificate of child(ren), address, telephone, mobile phone number, signature; CURP, Military Service registration (in case of having it under the mandatory or optional regime), photograph, nationality and/or migratory documents, personal references, audio and video.
Electronic:
Email, IP address, social networks.
Academic:
Level of studies, professional card, academic records and grade records, degrees, certificates, diplomas, certificates, diplomas, constancias, recognitions, letter of internship, and/or recommendations.
Employment:
Job application, contracts, union membership, resume or curriculum vitae, work incidents, training, extracurricular activities, work references, social security number, worker-employer contributions, Retirement Savings System number, attendance list, biometric attendance record, employee number, proof of weeks contributed to IMSS.
Legal:
Judicial record and personal identification.
Fiscal and/or administrative:
RFC, tax address, Social Security number; Retirement Savings System number, fee receipt, withholding sheet, annual declaration, union membership number.
Patrimonial:
Salary, withholdings, bank account number and/or interbank CLABE, life insurance and Major Medical Expenses, INFONAVIT credit payments.
Jurisdictional:
Contracts, powers of attorney, lawsuits, judgments or awards.
Health and biometrics:
Clinical record, references or description of symptomatologies, illnesses, medical incapacity; disability, surgical intervention, vaccinations, consumption of medicines, use of devices, psychometric evaluation, hand geometry, fingerprint, facial features and body temperature.
VI. GPS, Monitoring and/or Geolocation Systems
By means of GPS, FLEXAUTO collects, stores and processes information about the vehicle covered by the contract, which will vary depending on the model, year and version of the vehicle.
For the services that FLEXAUTO provides, as well as to enhance the experience and to safeguard the integrity of your vehicles, Telematics Data associated with the performance, use, operation and condition of your vehicle may be collected.
FLEXAUTO will be able to dynamically connect with your vehicle to diagnose, make changes to its operation and troubleshoot problems in accordance with the contract between FLEXAUTO and the customer. This dynamic connection also allows FLEXAUTO to know the current location (geolocation) of your vehicle, but such access is restricted to a limited number of employees or third parties with whom FLEXAUTO has joint projects under strict confidentiality.
With whom will the Personal Data be shared?
FLEXAUTO informs you that the Personal Data of the Data Subjects may be transferred or forwarded by FLEXAUTO within and outside the country for the following purposes and in the following cases:
A remission of Personal Data will be made with other companies that make up the FLEXAUTO group when it is deemed necessary to subcontract totally or partially with the same or with any other authorised and contracted third party for the provision of the aforementioned services. Exclusively for the purposes set forth in the Data Protection Regulations and under the strictest confidentiality and information security clauses implemented and required by FLEXAUTO;
A transfer of Personal Data will be made to Financial Institutions, Banks and/or Credit Information Companies with which FLEXAUTO has partnered or considers necessary to partner with in order to create and offer a product or service jointly, for the processing of payment transactions, refunds and to be able to access the credit history and credit bureau in case it is required for the formalisation of its commercial relationship; and
A transfer of Personal Data will be made to those companies that provide FLEXAUTO or its affiliates and/or subsidiaries with management and technical support services, to the extent that such access is essential for FLEXAUTO to perform the services it provides, under the strictest confidentiality and information security clauses implemented and required by FLEXAUTO.
Personal Data will be sent when the Data Subject requests the contracting of services through our Web Page or Mobile Application, through our authorised suppliers by instructions of FLEXAUTO for the review of the credit bureau or credit history of the Data Subject. These may collect Personal and Financial Data of the Data Subject, so for the purposes of the above, in the event that the Data Subject voluntarily provides his/her Personal and Financial Data through FLEXAUTO's Website or Mobile Application or that of the supplier authorised by FLEXAUTO, as the case may be, such action shall be considered as his/her absolute consent, such action shall be considered as your absolute and express acceptance of the Privacy Notice and consent to the transfer of data between both companies in accordance with the provisions of Article 8 of the Law and Article 53 of the Regulations, so it will be understood that you have given your express consent to comply with the primary purposes established for their due treatment and that, if applicable, the required interest instalment sale may be authorised.
A referral of Personal Data will be made when you apply for a vacancy through our Website or Mobile Application of the Personal Data and/or Sensitive Personal Data contained in your job application, which will be collected by FLEXAUTO and may be shared with the authorized provider contracted by FLEXAUTO to help manage your recruitment and hiring and we inform that regarding the use of the cloud your Personal Data and/or Sensitive Personal Data may be transferred once you voluntarily submit them through the sites provided by FLEXAUTO for this purpose, however, at all times these will be restricted and processed only for the purposes set out in this Privacy Notice.
Personal Data will be transferred to each and every third party with whom FLEXAUTO enters into a commercial transaction, whether it is a purchase, lease, sale, swap and/or hire purchase with interest with reservation of title, which are necessary for the completion and correct use of any of the vehicles owned by FLEXAUTO, which will be authorised in a reliable manner through the formalisation of the corresponding contracts.
The processing of Personal Data carried out with any third party shall comply with the Data Protection Regulations, in the understanding that said third party shall have sufficient security systems in place to guarantee the protection of said data.
FLEXAUTO undertakes not to transfer your personal information to third parties without your consent, except for the exceptions provided for in Article 37 of the Law.
If the Data Subject does not express his/her opposition to the transfer of his/her Personal Data at the time of being requested by FLEXAUTO, it shall be understood that he/she has given his/her consent to such transfer.
Can FLEXAUTO disclose Personal Data to third parties?
In accordance with the Data Regulations, FLEXAUTO may transfer or forward your Personal Data to national or international third parties in accordance with the primary purposes set forth in this Privacy Notice and, if applicable, the exceptions provided for in Articles 8 and 37 of the Law and in accordance with Article 53 of the Regulations.
In the event of a transfer of Personal Data, FLEXAUTO shall provide you with a copy of the Privacy Notice and the purposes of such transfer on the understanding that the recipient of such Personal Data shall assume those obligations arising from the processing of the Personal Data and/or Sensitive Personal Data in question, under the terms of Articles 36 and 37 of the Law.
In order to duly perfect the purchase, sale, hire purchase with interest with reservation of title and/or lease transactions and for the purpose of having a duly integrated customer file, FLEXAUTO may share your Personal Data with those third parties and/or new customers who intend to enter into any of the above transactions with FLEXAUTO, for the sole purpose of demonstrating the historical background of the ownership of the FLEXAUTO vehicle in question.
FLEXAUTO does not omit to point out that the transfers that may be made to the Syndicate and to external firms and/or consultancies, are covered by Article 10, section IV of the Law, so that the Data Subject cannot oppose FLEXAUTO to make such transfer at any time.
In all cases, your Personal Data may be shared with affiliates and subsidiaries that are part of FLEXAUTO, which will safeguard the data under the terms established in the Data Protection Regulations.
How can the Data Subject control his/her Personal Data and/or Sensitive Personal Data once it has been provided?
The Data Subject may exercise at any time, under the terms and conditions set forth in the Law, the rights of access, rectification, cancellation and opposition (ARCO Rights) to the processing thereof; in order to do so, he/she must:
Submit your request physically at the address indicated at the beginning of this notice or by email to: privacidad@flexauto.mx
The request (physical or electronic) for ARCO Rights must state:
Name of the Data Subject of the Personal Data and/or Sensitive Personal Data, or if applicable, the name of the minor and the name of the guardian or legal representative of the minor.
The address or electronic means of communicating the response to your request.
Which right are you exercising? That is to say, whether it is the right of access, rectification, cancellation and/or opposition.
The clear and precise description of the Personal Data and/or Sensitive Personal Data in respect of which you are seeking to exercise any of the rights indicated in the previous paragraph.
In the case of the right of rectification, at least the Personal Data and/or Sensitive Personal Data that are incorrect, or that are to be updated, must be indicated.
In the case of the right of erasure or objection, he/she shall indicate, at least, the Personal Data and/or Sensitive Personal Data in respect of which he/she is exercising such rights, and any data or information for which the Data Subject considers that such rights should be exercised.
It shall also indicate any element or document that facilitates the location of the Personal Data and/or Sensitive Personal Data.
When exercising one of the ARCO Rights, you must prove that you are the Holder of the information you require or, where appropriate, the legal representative accompanied by the legal document that proves your powers as a representative, by means of the Voting Card, issued by the National Electoral Institute, or Passport, or Professional License, or Military ID, which must be attached to the request and presented, where appropriate, at the time you collect the response to your request.
The term FLEXAUTO has to respond to your request is 20 (twenty) days from its receipt, and in the event that the response is favorable to your interests, its delivery will be made within 15 (fifteen) days; it is not omitted to note that these deadlines may be extended, under the terms of Article 32 of the Law. The response to your request will be made by the same means in which the request was made.
It is important for the Data Subject to take into account that not in all cases it will be possible to respond to his or her request immediately, as it is possible that due to a legal obligation his or her Personal Data and/or Sensitive Personal Data must continue to be processed.
Likewise, the Data Subject should consider that, for certain purposes, the revocation of his/her consent will imply that the requested service can no longer be provided, or the termination of his/her relationship with FLEXAUTO.
The Personal Data and/or Sensitive Personal Data provided to FLEXAUTO will be safeguarded, preserved and protected in accordance with the provisions of the applicable legislation and its internal policies in order to maintain the confidentiality of such Personal Data and/or Sensitive Personal Data. FLEXAUTO has sufficient security measures for the protection, confidentiality and assurance in order to restrict access to Personal Data and/or Sensitive Personal Data to unauthorised persons, as well as the processing of Personal Data and/or Sensitive Personal Data in contravention of the provisions of this Privacy Notice. FLEXAUTO, its employees, representatives, subcontractors, consultants, subsidiaries, affiliates and/or related companies, third party service providers duly contracted or with whom FLEXAUTO has a business relationship and/or third parties involved in any phase of the processing of the Personal Data and/or Sensitive Personal Data of the Data Subject, shall keep confidentiality with respect to such data, obligation that shall subsist even after the termination of the relationship between such persons and FLEXAUTO.
The contact details of the person or department of Personal Data and/or Sensitive Personal Data, which is in charge of processing the ARCO Rights requests, are as follows:
Name of the Personal Data and/or Sensitive Personal Data department: Administration and Finance Department.
Address: Prolongación Moliere 480, Colonia Granada, Alcaldía Miguel Hidalgo, C.P. 11529, Mexico City, Mexico.
E-mail: privacidad@flexauto.mx
Telephone number: 800 351 1010.
How long will the Personal Data and/or Sensitive Personal Data be kept?
FLEXAUTO will delete, without notice, the data and information of the Data Controllers when they are no longer necessary for the fulfillment of the needs referred to in this Privacy Notice.
FLEXAUTO shall not delete Personal Data and/or Sensitive Personal Data when there is a contractual or legal impediment or derived from a resolution issued by a competent authority that restricts the deletion of such Data, otherwise, the Personal Data and/or Sensitive Personal Data of the Data Subject shall be deleted 72 (seventy-two) months after such resolution.
How FLEXAUTO may collect your Personal Data and/or Sensitive Personal Data and what is the purpose?
FLEXAUTO may collect information from you or your devices in the following ways:
Newsletter, website, app: FLEXAUTO may collect your information through its websites, software applications, social media pages, email, among other digital means.
Service contract application, lease, intent to purchase and other forms: FLEXAUTO may collect additional information from you or third parties on your behalf on applications for payment by the month and other forms for FLEXAUTO products, such information may include your date of birth, your banking information, your credit information and details of your vehicle. FLEXAUTO also receives your information from consumer reporting agencies, such as your creditworthiness and credit history.
Information may be collected from other sources, such as public databases, companies with which FLEXAUTO works together, third party vehicle repair or automotive service centres, as well as social media platforms.
FLEXAUTO Centres: FLEXAUTO may collect your information when you are not connected to any network, i.e. when you visit FLEXAUTO centres, branches, hubs, workshops, as well as data from your vehicle at such sites.
Device: Your device and most browsers collect certain information automatically, such as your Media Access Control ("MAC") address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the digital services you are using. FLEXAUTO uses this information to verify that the digital services are working properly.
FLEXAUTO will also collect information in a form that, by itself, does not permit a direct association with any specific individual. FLEXAUTO may collect, use, transfer and disclose for any purpose data that does not personally identify an individual. If non-personally identifiable data is combined with your personal information, the combined information will be treated as personal information for as long as it remains combined.
How does FLEXAUTO protect your Personal Data and/or Sensitive Personal Data?
FLEXAUTO is committed to protecting your Personal Data and/or Sensitive Personal Data and to implementing appropriate administrative, technical and physical security measures to protect against any unauthorised or unlawful processing and against any accidental loss, destruction or damage. These measures include policies, procedures, employee training, physical access control and technical elements related to information access controls.
In the event of a security breach at any stage of the processing of your Personal Data and/or Sensitive Personal Data, which significantly affects your economic or moral rights, FLEXAUTO will immediately notify you by email or if it cannot contact you by email, then it will use its Website or mobile application so that the Data Subject can take the necessary measures corresponding to the defence of his or her rights.
Cookies and Web beacons.
FLEXAUTO uses various technologies that improve the efficiency of its websites, including the user experience when browsing the FLEXAUTO sites, so we consider it necessary to make you aware of the definition of such tools:
Cookies: These are small blocks of information that are used to collect and store information from the websites you visit, and then send it to your browser. You are reminded that as the Holder you can disable or adjust the use of cookies by following the procedures of the internet browser you use through the following links:
Internet Explorer: https://support.microsoft.com/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: http://support.mozilla.com/en-US/kb/Cookies
Google Chrome: http://www.google.com/support/chrome/bin/answer.py?hl=en&answer=95647
Safari: http://support.apple.com/kb/PH5042
Opera: http://www.opera.com/browser/tutorials/security/privacy/
Adobe (flash cookies): http://www.adobe.com/privacy/policies/flash-player.html
In case you disable cookies, you may experience some anomalies or failures when using FLEXAUTO digital services.
Web Beacons: May refer to a visible or hidden image embedded within our website or email.
Updating the Privacy Notice
FLEXAUTO reserves the right to modify or update this Privacy Notice at any time to comply with legislative or jurisprudential reforms, internal policies or new requirements, being the updated and applicable version at all times the one that has been published through the WWW.FLEXAUTO.MX website.
FLEXAUTO undertakes to keep the Data Subject informed about the changes that this Privacy Notice may undergo through the Web Page WWW.FLEXAUTO.MX and its mobile application, integrating any modification or update during a maximum period of 10 (ten) working days after the change is made.
Any modification to this Privacy Notice may be notified to the email address registered on the website and/or mobile applications of FLEXAUTO or through any other means, whether oral, printed or electronic that FLEXAUTO considers suitable for this purpose. Likewise, you may request at any time the Privacy Notice to the following email: privacidad@flexauto.mx
If you do not express your opposition or refusal to the provisions of this Privacy Notice, it is understood that by using FLEXAUTO's website and mobile application you consent to the terms and/or primary and secondary purposes of the processing of your Personal Data and/or Sensitive Personal Data in accordance with this Privacy Notice.
Date of last update: CIUDAD DE MÉXICO A 20 de ENERO de 2023.
