PRIVACY NOTICE

1. Responsible Person and Address

GENI DE MÉXICO, S.A. DE C.V., (hereinafter “GENI”), with address in Carretera al aeropuerto Km 2 700, Cuarto Barrio, Huejotzingo Puebla, C.P. 74160, according to the provisions set forth under article 15 of the Federal Law for Protection of Personal Data in Possession of Private Parties (hereinafter the “Law”), shall be liable to handle, use, store and transfer either sensitive or insensitive, personal information.

2. Object

The object of this Privacy Notice is to protect your Personal Data, through which such Personal Data shall receive legal, controlled and informed handling, setting up purposes for which your Personal Data is going to be used, as well as methods to carry out your rights derived from Law, in order to guarantee your privacy, together with your right to the informative self-determination.

GENI as responsible to handle your Personal Data, is bound to comply with lawfulness, consent, information, quality, purpose, loyalty, proportionality and responsibility principles overseen by Law. For such reason, according to the provisions set forth under article 13 and 14 of the Law, GENI is obliged to carry out reasonable actions to limit the period of Personal Data handling, as well as to maintain strict confidentiality of your Personal Data, to keep administrative, technical and physical security measures that can protect such information against any damage, loss, steal, alteration, access or non-authorized handling.

For GENI, handling your Personal Data in a legal manner and in compliance with the Law becomes a priority matter. This Privacy Notice complements any other simplified or short privacy notices that GENI had given to you for being owner of your Personal Data and becomes supplementary for anything that is not expressly mentioned in such policies.

3. Information collected from holders

3.1. If you are a customer or prospect, GENI may collect the following Personal Data:

Full name, address, Federal Taxpayers Registration (RFC), e-mail address, phone and fax numbers, copy of official identification with photography (passport, voter’s identification card, professional license, copy of migratory document, if applicable, Population Registry Code (CURP), power of attorney (hereinafter the “Personal Data”).

3.2. If you are employee or prospective employee, GENI may collect the following Personal Data:

Full name; copy of an official identification with photo (passport, voter’s identification card, professional license, driver’s license); age; date of birth; copy of birth certificate; address; copy of proof of address; copy of military service certificate (if applicable); marital status; copy of marriage certificate (if applicable); nationality; copy of migratory document (if applicable); copy of entry visa; email; employment application; home phone number, work phone number, cell phone number; copy of RFC; copy of CURP; social security number; copy of the Mexican Institute of Social Security card (IMSS); level of studies indicating school; certificate of academic degree or proof of studies; certificate or proof of language domain; employee number; copy of registration, dismiss, or modification of wages of the IMSS; contact information in case of emergency; résumé; proof of previous employment; contact information to notify in case of emergency; copy of registration to AFORE; copy of union membership; copy of proof of mortgage loans granted by Institute of National Housing Fund for Workers (INFONAVIT), recommendation letters, personal references; images recorded from GENI’s security cameras and/or documents that according to applicable Labor Laws are required.

Additionally, the list of sensitive or financial Personal Data needed that we shall handle and/or transfer that requires special protection is: employee category and title, salary, payments and deductions; bank accounts information; change of work position level; copy of proof of payments from last job; photograph; information related to the spouse, children, beneficiaries or economic dependents, including full name, date of birth, identification information and proof of studies; information regarding employee performance; health condition; suffered or suffering illness; allergies; blood group; physical characteristics; results from medical exams; medical evidence of illness treatment; and/or any other documentation or information that is related to the labor relationship with exists or may exist with GENI.

3.3. If you are a provider, GENI may collect the following Personal Data:

Full name, date of birth, address, copy of official identification with photography (passport, voter’s identification card), company and work position held, corporate name of the company, fiscal address, name of the representative as well as its official identification, nationality, copy of the migratory document (if applicable), e-mail, phone number, cellphone number, RFC, CURP, commercial references, banking information for electronic transfers.

Therefore, GENI is bound to keep your personal Data, with the highest legal, technological and administrative security levels. Likewise, it undertakes to not sell, lease, share or disclose your Personal Data to third parties with unlawful purposes.

It is important to mention that GENI is not responsible for the truthfulness or accurateness of Personal Data and/or sensitive information provided by you, since such information has not been previously validated and/or verified.

4. Purposes

4.1. Primary and secondary purposes for the treatment of customers or prospects’ Personal Data

GENI shall collect your Personal Data without outreach or commercial use purposes, and shall be treated exclusively for the following primary purposes:

Establish contact with those persons that have required it.
Respond to a requirement of information in order for provision of services or supply of products.
Handle and follow-up of the services or supplies that have been contracted.
Elaboration of the contract, as appropriate.
Carry out invoicing functions, clarifications and monitoring of collection for the services provided or supply.
Send notices regarding changes to this Privacy Notice, or any other notices derived of the provision of services of supply of products.
Hiring of goods commercialized by GENI.
Handle legal requirements of competent authorities.
Comply with the obligations derived of the commercial or legal relationship between you and GENI.
Publicize new products.
Hiring insurance or bonds if applicable.
Attention to doubts, comments or complaints made to GENI.
Compliance of requirements with GENI’s customers.

Furthermore, GENI shall respectively handle your Personal Data for the following secondary purposes:

Send information, and communications related to GENI.
Carry out studies by itself or by third parties for statistical, commercial or internal control purposes.

4.2. Primary and secondary purposes for the treatment of employees or prospective employees’ Personal Data

Upon completing any of our forms, emailing your Personal Data to GENI and/or through physical delivery of such information, you accept and authorize GENI to use and handle automatically your Personal Data and supplied information, which shall become part of our database due to the legal relationship, job application, internship or practical training with GENI, having the following primary purposes:

Personnel recruitment, selection and as the case may be, hiring.
Comply with obligations arising from a current or future labor relationship, internship or practical practices with GENI.
Personnel management.
Integrate and manage internship files of employees and interns.
Payment and payroll management of GENI’s employees.
Payment of benefits, salaries and bonuses, reimbursements, pensions, and insurance according to the working conditions in GENI.
Hiring of insurance for GENI’s employees.
Document and control the allocation of assets own by GENI.
Perform internal audits.
Creation of institutional e-mail account.
Preparation of GENI’s database.
Ensure the compliance of the confidentiality and labor obligations stated in the Mexican laws.
Verify personal and labor references.
Contact family members, economic dependents and/or beneficiaries in case of emergency.
Carry out studies for statistical or internal control purposes.
Professional experience records.
Training and professional development records.
Provision of consulting services from third parties.
Send notices regarding changed to this Privacy Notice.
Performing interviews, which can be personal, by phone, or electronically.
Carry out technical, trust, medical, socioeconomic and psychometric tests.
Handle legal requirements of competent authorities.
Payment of saving funds.
Issuance and delivery of food stamps and other benefits for GENI’s employees.

Likewise, GENI shall respectively handle your Personal Data for the following secondary purposes:

Send information, or communications related to GENI job offers.
Issue recommendations or labor references once the employment relationship or professional practices carried out with GENI is terminated.

The processing of your Personal Data may include marketing strategies, advertising and/or employee benefit programs, in which GENI or any other company belonging to GENI Group has direct or indirect participation, either in the United Mexican Stated or in some other country.

4.4. Primary and secondary purposes for the providers’ Personal Data

GENI shall collect your Personal Data without outreach or commercial use purposes, and shall be treated exclusively for the following primary purposes:

Establish contact with GENI’s providers.
Participation in internal tenders for the acquisition of goods or services by GENI.
Quotation of goods and/or services whose provision or supply is required by GENI.
Elaboration of the corresponding contract, or if applicable, the elaboration of purchase orders.
Respond to a requirement of information for the hiring of services or supply of products in favor of GENI.
Handle and follow-up of the services hired by GENI.
The goods or services provided to GENI.
Compliance of GENI’s internal policies.
Keep updated the legal or commercial relationship that exists between you and GENI.
Carry out invoicing functions, clarifications and payment of consideration.
Send of notices regarding changes in this Privacy Notice.
Send of communications related to GENI’s providers of goods and/or services.
Attend legal requirements from competent authorities.
Comply with the obligations derived of the commercial or legal relationship between you and GENI.
Comply with the obligations incurred with GENI’s customers.
Attention to doubts and suggestions, as well as evaluation and feedback of the rendered services or supplied good.

Furthermore, GENI shall respectively handle your Personal Data for the following secondary purposes:

Send information, and communications related to GENI.
Carry out studies by itself or by third parties for statistical, commercial or internal control purposes.

4.4. Refusal to the treatment of the Persona Data for secondary purposes

In the event that you do not wish that your Personal Data would be handled for the aforementioned secondary purposes, from this moment on you can notify it to us, or given the case you have a period of time of 5 (five) working days to inform us that you decline that we handle or use your Personal Data for the aforementioned secondary purposes through the method indicated in item 7 of this Privacy Notice.

5. Transfer of your Personal Data

In virtue of the aforementioned, you accept and authorize GENI to carry out the transfer of your Personal Data within and outside the United Mexican States, in order to comply with the purposes stated in the point 4.

The third parties and the entities which receipt the Persona Data, assume the same GENI’s obligations and/or responsibilities, according to the stated in this Privacy Notice.

5.1. If you are a customer or prospect, GENI may transfer your Personal Data in the following cases:

To a third party arising from a corporate restructure, including fusion, consolidation, sale, liquidation or transfer of assets.
To a third party that provides services in the United Mexican States or abroad working together with GENI for the purposes established in this Privacy Notice.
GENI’s affiliates or subsidiaries companies or affiliates or subsidiaries companies belonging to GENI Group in the United Mexican States or abroad.

The owner of the Personal Data that entails any type of legal or commercial relationship with GENI expressly accepts the transfer of its Personal Data, in the terms stated herein.

Additionally, we inform you that, for any transfer to third parties, other than those listed above, in terms of the Law we require to obtain your consent. If you do not express your refusal for said transfers, it is understood that you have granted GENI. In order to express your refusal, the procedure established in the point 8 of this Privacy Notice must be observed.

5.2. If you are employee or prospective employee, GENI may transfer the Personal Data in the following cases:

To a third party arising from a corporate restructure, including fusion, consolidation, sale, liquidation or transfer of assets.
To a third party that provides services in the United Mexican States or abroad working together with GENI for the purposes established in this Privacy Notice.
Professional recommendations to third parties interested in the services of the holder of the Personal Data.
Banking institution, insurance companies, brokers, or insurance agents.
GENI’s affiliates or subsidiaries companies or of the GENI Group in the United Mexican States or abroad.

5.3. If you are provider, GENI may transfer the Personal Data in the following cases:

To a third party arising from a corporate restructure, including fusion, consolidation, sale, liquidation or transfer of assets.
To a third party that provides services in the United Mexican States or abroad working together with GENI for the purposes established in this Privacy Notice.
Commercial recommendations to third parties which are interested in the goods or services commercialized by the holder of the Personal Data.
GENI’s affiliates or subsidiaries companies or of the GENI Group in the United Mexican States or abroad.

The owner of the Personal Data that entails any type of legal or commercial relationship with GENI expressly accepts the transfer of its Personal Data, in the terms stated herein.

6. Obtaining Personal Data and its Temporality

Temporality of your Personal Data handling shall be for the period of time on which the commercial, contractual or legal relation between you and GENI exists. Such time shall be extended if it is required by the applicable Mexican Legislation. You may deny this at any moment that you consider convenient according to the method indicated in item 8 of this Privacy Notice, or as the case may be upon such Personal Data has become unnecessary for the compliance with purposes foreseen in this Privacy Notice and the applicable legal provisions. Afterwards they shall be destroyed in order to avoid wrongful use, according to the provisions set forth under Article 11, Second Paragraph of the Law.

GENI shall obtain your Personal Data through digital means such as electronic communication established with GENI, as well as by mailing, business cards, telephone, physical and/or electronic filled forms.

GENI uses several technologies to improve the efficiency of its website [***] (hereinafter the “Website”), including your experience when browsing the Website. These technologies include the use of cookies. Cookies are small amounts of information that are stored in the browser used by each user so that the server remembers certain information that it may be used later. This information allows identify you and keep your personal preferences to give you a better browsing experience on the Website. We remind you that you can disable or adjust the use of cookies by following the procedures of the Internet browser you use.

7. Modifications

This Privacy Notice may be amended, changed or updated at any moment, due to new legal requirements, due to GENI necessities for privacy policies and practices, due to a change on the business model or for any other reasons. In the event that GENI needs to make any amendment to the Privacy Notice, it shall inform you through any of the following means:

Notices published in GENI address or premises.
Publications in the Webpage at “Privacy Notice” section.
E-mail sent to the email address provided by the Personal Data owner.
Publications issued by GENI as the case may be either through physical, electronic or digital means.
Any other public or private communication mean determined conveniently by GENI in accordance to the Law.

8. Process to exercise “ARCO” rights

According to the provisions set forth under the Law, you are entitled to exercise your rights of access, rectification, cancellation and opposition (ARCO) to handle your Personal Data, by making an email request to privacidad@geni.com.mx or by writing means to our address at Carretera al aeropuerto Km 2 700, Cuarto Barrio, Huejotzingo Puebla, C.P. 74160.

In compliance with article 29 of the Law, such request shall contain the following information:

Your name, address or another mean to inform you the answer to your request.
Documents that confirm your identity or, given the case, legal representation of the person carrying out such request on your behalf.
Clear and accurate description of Personal Data respect of which you seek to exercise any of the rights mentioned in the previous paragraph.
Any other element or document that makes easier to locate and identify your Personal Data.

In the event to request rectification of your Personal Data, additionally you shall indicate the modifications to be carried out and provide necessary official documents that support your request.

You shall receive an answer to your request within 20 (twenty) working days from the effective date when your request was received, and as the cases established by Law this period of time shall be extended for another 20 (twenty) days. If it proceeds, all the approved measurements shall be carried out to comply with your request, which shall be carried out within 15 (fifteen) working days following the date the respective answer was informed.

GENI shall deny access, rectification, cancellation or opposition to handle Personal Data in the following cases:

Applicant is not the owner of Personal Data or his/her legal representative is not duly authorized by the owner of Personal Data.
Personal Data of applicant is not found in GENI database.
Rights of a third party are damaged.
Legal impediment or resolution from a competent authority that restricts access to Personal Data, or does not allow rectification, cancellation or opposition of such information.
ARCO rights had been previously exercised by the owner of Personal Data or his/her representative.

9. Consent Revocation

You shall revoke your consent to handle your Personal Data. However, it is important to take into consideration that not in all cases GENI shall handle your request or terminate its use immediately, since it is possible that due to any legal obligation, GENI require to keep handling your Personal Data. Likewise, you shall consider that for some purposes, revoking your consent implies termination of the commercial relation with GENI. To revoke your consent, you shall request it according to the provisions set forth under item 8 of this Privacy Notice.

We inform you that any complaint or additional information regarding the handling of your Personal Data or question concerning the Law, you shall address it to the National Institute of Transparency, Information Access and Personal Data Protection (INAI).

I hereby accept and authorize the use and transfer of my Personal Data, including sensitive information, according to the terms and conditions of this Privacy Notice.

Last update: October 2019.