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GALCOA

PRIVACY NOTICE

  1. IDENTITY AND  DOMICILE OF THE RESPONSIBLE PARTY

Pursuant to the provisions of the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (Hereinafter, the “Data Privacy Law”), its Administrative Rules, the Privacy Notice Guidelines and other relevant provisions applicable to the use and possession of personal data, you are hereby notified of the following Privacy Notice (the “Privacy Notice”).

Grupo de Almacenamiento de Combustibles Aditivados, S.A.P.I. de C.V its subsidiaries and affiliates (all indistinctly “GALCOA” or “Responsible Party”) with address at Hegel 512, Polanco section IV, Miguel Hidalgo, ZIP Code. 11560, Mexico City as responsible of the processing of your personal data reiterates its commitment with the transparency, security and privacy of personal data.

Any information concerning an identified or identifiable individual upon being collected will be treated in accordance with the principles of legality, consent, quality, finality, information, proportionality, loyalty and responsibility.

  1. CONTACT INFORMATION

In the case you require information regarding with this Privacy Notice or have any question related to the protection of personal data, you may contact us in the following e-mail address: victor.vazquez@galcoa.com (Hereinafter, the “Contact Person” or “Privacy Officer”).

  1. PERSONAL DATA COLLECTED

GALCOA in order to carry out the purposes listed in section V and VI of this Privacy Notice, will collect the following personal data:

  1. Full Name
  2. Landline and/or cellphone contact.
  3. E-mail address

The personal data collected may be reproduced in electronic or physical files.         

Pursuant to this Privacy Notice, the Company will not collect sensitive personal, financial or property data.

  1. PRIMARY PURPOSES OF PERSONAL DATA PROCESSING 

GALCOA may use your personal data to fulfill several purposes, being the following:

 

 

  1. Customer service
  2. Internal reporting required in accordance with the object and purpose of GALCOA.
  3. Inform about changes in the services offered by GALCOA
  4. Create databases with administrative, organizational, business projections. As well as regulatory compliance purposes.
  5. Attend and follow up any complaint, question, comment, return or contact request you send to us.
  6. Send notices of changes in this Privacy Notice.
  1. SECUNDARY PURPOSES OF PERSONAL DATA PROCESSING  

In addition, GALCOA may process your personal data to carry out any of the secondary purposes mentioned below, which allow us to provide you with a better service:

 

  1. Send you information of an advertising, promotional, and/or informative nature and commercial prospecting of GALCOA in accordance with your interest and consumption preferences, as well as other brands and/or trade names including sending communications via e-mail, phone calls, short messages and physical, electronic and/or digital means;
  2. To carry out statistics, consumption and market surveys.
  3. Invite you, according to offer bases, to participate in tenders in relation to services, developments and projects and contact you through the different physical, electronic and/or digital means of communication. We inform you that, in the case that you participate in such activities, it may be necessary for GALCOA to treat your personal image through videos and/or photographs, for publication, through different physical, electronic and/or digital means of communication.

Send you informative notes of topics related with the electric industry, as well as legislative developments and updates on the subject.

  1. ARCO RIGHTS 

As Owner of your personal data, you may exercise at any moment the rights of access, rectification, cancellation and opposition (hereinafter, “ARCO Rights”). It is important to mention that the exercise of each one of these rights is independent from each other, therefore, it is not necessary to exhaust one of them to exercise any of the others.

  1. Access Right. By exercising this right, you can know the information related to the processing we carry out with your personal data.
  2. Rectification Right. You can correct or modify your data in case that they are inaccurate or incomplete in order to guarantee that the information that we may have about you is accurate.
  3. Cancellation Right. You may request the elimination of your personal data when any of the assumptions contemplated occurred. For example, illegal treatment of the personal data, or when the purpose that motivated the collection or process of the data disappear. However, there are regulated a series of exceptions where this right shall not proceed.
  4. Opposition Right. Through this right you may oppose to the process of your personal data: (i) when the reasons are related to your personal situation, the processing of your personal data must cease except when a legitimate interest is accredited, or it is necessary for the exercise or defense of claims, or, (ii) when the purpose of the processing is digital marketing.
  5. Processing Limitation Right. You may request us to restrict the processing of your data (i) when the accuracy of the data is disputed, while we verify the request; (ii) when the processing is illegal, but you oppose to the elimination of the data and request the limitation of processing instead; (iii) when you are the one who needs them in case of a complaint; (iv) and even when you have objected to the processing of your data for the compliance of an obligation of public interest or for the satisfaction of a legitimate interest, that should be verified.  In these cases, we will only keep them for the exercise or defense of complaints.   

In order  to exercise your  ARCO Rights, you must submit an application (hereinafter, the “ARCO Application”), to GALCOA, to the attention of the Privacy Officer, to the following e-mail address: victor.vazquez@galcoa.com for his attention and follow up with the following information, documentation and specifications:

  1. The application must be filled in all fields clearly and with clear letter.
  2. Your name, address and e-mail address in order to communicate you the response of the ARCO Application;
  3. A copy of your identification (ID), passport or any other official identification.
  4. A clear and precise description of the personal data of which you want to exercise any of the ARCO Rights;
  5. Any document or information that will facilitate the location of your personal data.
  6. In the case of requesting a rectification of your personal data, you shall identify as well, the modifications to be made and provide documentation to support your request.
  7. If the application is submitted through a legal representative, you should include the power of attorney stating the powers granted for this process, or even, a proxy signed before two witnesses with their signature stamped and the signature of acceptance of the representative, including the name, signature, address and a photocopy of an official identification of each of the signatories.

The Privacy Officer will respond your ARCO Application, indicating the motives for his decision via e-mail within a maximum period of 20 (twenty) calendar days counted from the day that your ARCO Application was received. In the case the ARCO Application is answered in an affirmative or appropriate manner, the requested changes will be made within a maximum period of 15 (fifteen) calendar days. In case you request access to your personal data, GALCOA will inform you via e-mail the answer to your request, the means by which you will be given access to your information if appropriate. If necessary and for one-time only GALCOA may notify the extension of the deadlines referred to herein for a period equal to the original one.

GALCOA may deny (hereinafter, the “Refusal”) for you to exercise your ARCO Rights according to article 34 of the Data Privacy Law, in any case, the Privacy Officer is responsible to inform you of the reasons of such decision. 

The Refusal may be partial, in which case GALCOA will provide the access, rectification, cancellation and opposition of the Owner. 

In case you consider that we have processed your data in an inadequate manner according to the regulation regarding the treatment of personal data or you are not satisfied with the way we have attended the exercise of your rights, you may contact our Privacy Officer, without restricting the fact that you may also attend before the corresponding authorities and file a claim.

  1. MECHANISMS AND PROCEDURE TO REVOKE YOUR CONSENT  

According to the applicable regulation, you may revoke the consent that you may have given to us. However, it is important for you to know that not in all cases your request will proceed, since it is possible that due to some legal obligation, we may need to continue processing your personal data, in accordance with the Data Privacy Law.

 

To revoke your consent, you may submit your request via e-mail address to  victor.vazquez@galcoa.com

  1. LIMITATION OF USE OR DISCLOSURE OF PERSONAL DATA

You may limit the use or disclosure of your personal data submitting your request via e-mail address to  victor.vazquez@galcoa.com

 

In case your request is appropriate, you will be registered in the list of exclusion with the purpose for which the exclusion is applicable.

 

We inform you that there are other mechanisms to limit the use and disclosure of your personal data such as are the Public Registry to Avoid Publicity (REPEP by its acronym in Spanish) of the Federal Consumer Protection Agency (PROFECO by its acronym in Spanish). You may consult the website of the registry to obtain more information on the services provided by these agencies.

  1. COOKIES

When browsing our website “cookies” and “server logs” collect certain non-personal information. Such data is collected for the use and interaction of our website, the data include Internet Protocol, operating system, browser type, mobile device, as well as the path you take within the website.

The data is use only for statistical purposes, relating to the time spent on our website, as well as third party sites that led you to our site, also the information is used to update user profiles.

  1. AMENDMENTS TO THIS PRIVACY NOTICE

The Privacy Notice may suffer amendments, changes or updates due to new legal requirements, from our own necessities to provide the services we offer, from our privacy practices, from changes in our business model or other reasons.

GALCOA, is committed to inform you of any change that this Privacy Notice may suffer, through its publication in: https://galcoa.com/en/aviso-de-privacidad/

  1. LAST UPDATE

This Privacy Notice is effective as of March 2021.

.

  1. ACCEPTANCE

By using our services, you agree that you have read this document and that GALCOA will process your personal data for the purposes indicated in this Privacy Notice.

    PRIVACY NOTICE FOR WEB PAGE

    1. IDENTITY AND ADDRESS OF THE RESPONSIBLE PARTY

    In accordance with the provisions set forth in the Federal Law of Protection of Personal Data in Possession of Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares)  (the “Data Law”), its Regulations, the Guidelines of the Privacy Notice and other applicable provisions, we hereby inform you that Grupo de Almacenamiento de Combustibles Aditivados, S.A.P.I. de C.V., (the “Responsible Party”), with its address at en Hegel 512, Polanco Section V, Miguel Hidalgo, Mexico City, C.P.11560, is responsible for the use and protection of your personal data which will be used in accordance with the terms set forth in this privacy notice (the “Privacy Notice”).

    1. CONTACT INFORMATION

    Should you require any information regarding this Privacy Notice or in relation to the exercise of any of your rights arising from the processing of your personal data, you may contact the following email address: victor.vazquez@galcoa.com.mx (the “Contact Person”).

    1. PURPOSES OF THE PROCESSING OF YOUR PERSONAL DATA.

    Your personal data will be processed for the following purposes:

      1. Necessary for the legal relation between the Responsible Party and the users (the “Holder”):
    1. The single registration, as well as for authentication purposes.
    2. To give an answer to the Holder in case he contacts the Responsible Party by means of the client attention service (or vice versa).
    3. Access through a social network.
    4. Use and access the website, as well as the products or services.
    5. Keep the Responsible Party’s systems and databases updated
    6. To comply with the obligations assumed between the Responsible Party and the Holder.
    7. Comply with the policies and procedures of the Responsible Party.
    8. Handling of the Complaint Management System
    9. Conduct audits and investigations to prevent and/or detect fraud or other unlawful acts, including the Responsible Party’s policies, which may cause a claim or damage to the Responsible Party and/or the Holder.
    10. Conducting or responding to legal proceedings before authorities
    11. Compliance with applicable laws, regulations and legal provisions
      1. Not necessary for the legal relation between the Responsible Party and the Holder:
    1. Sending of the Responsible Party’s newsletter.
    2. Marketing to offer, sale, or commercialize the products and services of the Responsible Party, through the issuance of information, promotions, offers and publicity.
    3. Inform the Holder about promotions related to the products and services that the Responsible Party offers directly or through social media or digital means.
    4. The measurement of the quality of and/or during the service, the statistics (including the accomplishment of internal studies on habits of consumption), marketing and/or the report of and/or by the Responsible Party.

    You will have 5 (five) business days as from the date this Privacy Notice is made available to you to deny to the processing of your personal data for purposes not necessary for the legal relation with you, by sending an email to: victor.vazquez@galcoa.com.

    Otherwise, it will be understood that the Holder consents to the processing of his personal data for all the purposes listed above, without prejudice to the rights to oppose or revoke his consent or opposition.

    1. PERSONAL DATA TO BE PROCESSED:

    In order to achieve the purposes, set forth in section III above, the Responsible Party will process the following personal data of the Holder:

    With respect to users, the personal data that the Responsible Party will treat without any limitation is indicated below:

    1. Identification data: full name, age, email address, IP address, referring URL (the site from which the visitor arrived), telephone number, cookies or other similar devices used by the user, social identifier (in case the user decides to access his account through a social network).
    1. The Responsible Party will not collect sensitive data from the Holder.
    1. The Responsible Party may collect your personal data, either directly or indirectly, provided by you when using or accessing the Responsible Party’s websites, social networks or digital media or other means permitted by law.
    1. OPTIONS TO LIMIT THE USE OR SPREAD OF YOUR PERSONAL INFORMATION.

    The Holder may limit the use or information transfer of its personal information to avoid them to be used for purposes not necessary to the legal relation between the Holder and the Responsible Party.

    If the Holder would like  to limit the information use or its transfer, the Holder should file a request to the Contact of the Responsible Party, in order to be registered in the restricted use list, that the Responsible Party holds.

    1. TERM DURING WHICH THE PERSONAL DATA WILL BE KEPT.

    The Personal Data will be processed while the legal relation between you and the Responsible Party exists and upon termination thereof, the personal data will be kept for the statutes of limitations set forth in the respective laws.

    1. MEANS OF EXERCISING ARCO RIGHTS.

    The Holder may exercise at any time his rights of access, rectification, cancel ation or opposition to the processing of his personal data (the “ARCO Rights”). It is important to mention that the exercise of each of these rights is independent of each other, that is, it is not necessary to exhaust one of them in order to exercise any of the others.

     Each of the rights respectively allows you:

    1. Access: The Holder may request at any time to know what data of his has been collected and kept by the Responsible Party in its databases, as well as the details of the treatment thereof. 
    1. Rectification: If any of your data is inaccurate or incomplete, you may request the Responsible Party to correct it in the databases, having to attach the documentation that proves such modification.
    1. Cancellation: You may request at any time the cancellation of your data from the databases of the Responsible Party if you consider that they are not required for the purposes set forth in this Privacy Notice, are being used for non-consensual purposes or our legal relation has ended; if the request is appropriate, the data will be blocked and may not be treated in any way whatsoever.
    1. Opposition: The Holder may at any time object to the processing of his data by the Responsible Party for specific purposes, e.g., for advertising purposes.

    To exercise the ARCO Rights, the Owner or his legal representative will prepare the “Application for the Exercise of ARCO Rights” and send it scanned to the e-mail: victor.vazquez@galcoa.com, addressed to the Contact Person for his attention and follow-up.

    It is important that you consider the following points when sending or delivering your application:

    1. The application must be filled out clearly and in print in all fields.
    2. Please provide your name, address and e-mail address so that we can respond to your request.
    3. Indicate the personal data in respect of which you are seeking to exercise any of the rights.
    4. Attach any documents or information that will facilitate the location of your personal data.
    5. Attach a copy of the document proving the identity of the holder (voter’s card, professional identity card or valid passport).
    6. If the application is processed through a legal representative, include the power of attorney evidencing the authorities granted by the holder for this procedure, or a power of attorney granted by the holder with the signature of the attorney in fact, in the presence of two witnesses, and shall include the name, signature, address and photocopy of the official identification of each of the signatories.
    7. In the case of rectification of data, please attach the documentation that proves such modification.

    Once the Holder has submitted his application to the Responsible Party, we suggest to send a follow-up email to: victor.vazquez@galcoa.com

    Our response will be sent to the email address set forth in your request within a maximum of 20 (twenty) business days from the date on which your request is received. If your request is answered in the affirmative or appropriate manner, the requested changes will be made within a maximum of 15 (fifteen) business days. In case you request access to your personal data, the Responsible Party will inform you by the email through which we communicate our response to your request, the means by which you will be given access to your information, if applicable.  The Responsible Party may extend the periods referred to in this paragraph, for a single occasion, for a period equal to the original term, which will be informed to you. 

    The Responsible Party may deny the exercise of your ARCO Rights, in the cases permitted by the Data Law, and it shall inform you the reason for such decision.

    The denial may be partial, in which case the Responsible Party will make the access, rectification, cancellation or opposition in the appropriate part.

    The exercise of the ARCO Rights will be free of charge; however, if the Holder reiterates his request within a period of less than 12 (twelve) months, the costs will be 3 (three) days of the general minimum wage in force in Mexico City, plus V.A.T., unless there are substantial amendments to this Privacy Notice, which motivate new requests. The Holder must cover the justified expenses of sending or the cost of reproduction of documents in copies or other formats and, if applicable, the cost of certification of the documents.

    To access and print the “Application for the Exercise of ARCO Rights” please access to http://www.[****].com  or contact the Contact Person.

    DOWNLOAD “APPLICATION FOR THE EXERCISE OF ARCO RIGHTS”  FORM HERE

    1. USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES.

    The Responsible Party uses several technologies to collect and store personal data of the Holder at the time he enters the corresponding website, including sending one or more cookies or other similar devices on the device.

    The parent company or affiliates of the Responsible Party may use such technologies to collect personal data which will be informed to you through the corresponding privacy notice.

    1. MEANS OF REVOKING CONSENT TO THE PROCESSING OF PERSONAL DATA.

    To revoke your consent to the processing of your personal data you shall submit your request to the Contact Person by sending an e-mail to the following direction: victor.vazquez@galcoa.com. 

    If, after the revocation, you request confirmation of the revocation, the Responsible Party will respond in an express manner. 

    We hereby inform you that not in all cases we will be able to attend your request or conclude the treatment of your personal data immediately, since it is possible that for some legal obligation we are required to continue treating your personal data. Revoking your consent to the processing of your personal data may result in the impossibility of continuing our legal relation. 

    1. TRANSFER OF PERSONAL DATA

    We inform you that the Responsible Party may transfer your personal data within Mexico or abroad, with the following purposes

    Recipient

    Purpose

    To potential customers or partners of the Responsible Party.

    To promote services to possible clients and/or partners to the Responsible Party.

    To third party nationals or foreigners

    When the Responsible Party requires your support for the provision of services.

    To the holding company or to the subsidiaries, shareholders, affiliates or companies that are part of the same corporate group of the Responsible Party.

    To carry out the primary purposes set forth above, when the Responsible Party requires your support to provide services or when the Responsible Party enters into mergers and/or spin-offs in which such companies are involved.

      

    Social Networks.

    Occasionally, the Responsible Party’s website and its applications provide social plugins from various social networks. In case the Holder decides to interact with a social network (e.g. by registering an account), his activity on the website or through the Responsible Party’s applications will also be available for that social network. In the event that the Holder is connected to a social network during his visit to one of the Responsible Party’s websites or applications, or if he is interacting with one of the social plugins, the social network may add this information to his respective profile on that network according to its privacy settings. In case the Holder has the intention to avoid this type of transfer of data, he shall log out of his social network account before entering one of the Responsible Party’s websites or applications, or change the application’s privacy settings, whenever possible.

    To any authority

    In order to comply with any law, regulation or legal provision applicable when the transfer is mandatory.

    If you do not consent your personal data to be transferred in terms set forth above, you may indicate this situation at the time you provide us with your personal data or at any time thereafter by following the procedures set forth in this Privacy Notice.

    Additionally, we hereby inform you that, in order to comply with the purposes set forth in section III above, the Responsible Party may transfer the Holder’s personal data without his consent:

    1. When the transfer is permitted under a law or treaty to which Mexico is a party.
    2. When the transfer is necessary for the prevention or medical diagnosis, the provision of health care, medical treatment or the management of health services.
    3. When the transfer is made to holding companies, subsidiaries or affiliates of the Responsible Party, or to a parent company or any company of the same corporate group of the Responsible Party that operates under the same processes and internal policies.
    4. When the transfer is necessary by virtue of an agreement executed or to be executed in the benefit of the holder, by the Responsible Party and a third party.
    5. When the transfer is necessary or legally required for the safeguarding of a public interest, or for the procurement or administration of justice.
    6. When the transfer is necessary for the recognition, exercise or defense of a right in legal proceedings.
    7. When the transfer is necessary for the maintenance or fulfillment of the legal relation between the Responsible Party and you.

    Likewise, we hereby inform you that the Responsible Party may send your personal data to third party service providers necessary for the fulfillment of legal, accounting, regulatory or contractual obligations in charge of the Responsible Party or the parent company or its affiliates, as well as to third parties that provide services related to information technology, cloud computing systems, operation and administration.

    In such cases, we hereby inform you that the Responsible Party as the person responsible for the personal data, guarantees that this Privacy Notice will be respected at all times and the necessary measures will be adopted in order for the persons who have access to your personal data comply with it, as well as with the principles of personal data protection set forth in the “Data Law”.

    Except in these cases, the Responsible Party will not share or transfer your personal data to third parties except as provided by applicable law, or where the Holder has previously consented to such transfer of your personal data.

    1. SAFETY MEASURES

    Your personal data will be protected in accordance with the security, administrative, technical and physical measures that the Responsible Party has implemented. These measures include policies, procedures, employee training, video surveillance systems, 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, which significantly affects your economic or moral rights, the Contact Person will inform you immediately by means of e-mail or, if the Responsible Party cannot contact you by e-mail, then it will use traditional mail, so that the Holder can take the necessary measures to defend your rights.

    1. CHANGES OR AMENDMENTS TO THE PRIVACY NOTICE

    The Responsible Party hereby reserves the right to amend or revise this Privacy Notice at any time; provided, however, that any amendment thereto will be made known to the Holder through the visible publication of a new privacy notice on our website www.Galcoa.com, therefore, recommend you to review it frequently.

    1. CONSENT. 

    By using the website, you give your consent to the processing of your personal data. As long as you do not object to the processing of your personal data, you will be giving your consent to the processing thereof under the terms and conditions set forth in this Privacy Notice. Denying your consent to the processing of your personal data by the Responsible Party may result in the impossibility of establishing or continuing a legal relation with the Responsible Party.

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