1. IDENTITY AND ADDRESS OF THE PERSON RESPONSIBLE
In accordance with the provisions of the Federal Law for the Protection of Personal Data in Possession of Individuals (Ley Federal de Protección de Datos Personales en Posesión de los Particulares), its Regulations and the Privacy Notice Guidelines issued by the National Institute of Transparency, Access to Information and Protection of Personal Data (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales) (the “Applicable Regulations”), and in order to guarantee the privacy and the right to informational self-determination of its clients, website users and any persons who provide their personal data in favor of SMPS Legal, S.C. (“SMPS”) in its capacity as responsible party, with domicile located at Paseo de la Reforma 509, 18th floor, Cuauhtémoc, Cuauhtémoc, Zip Code 06500, Mexico City and telephone 52 (55) 5282 9063 informs you that it is responsible for the treatment, use and protection of your personal data.
2. COLLECTION OF PERSONAL DATA
SMPS may obtain your personal data through the SMPS website (www.smpslegal.com), telephone and/or electronic communications by any means known or to be known, business cards or job applications.
3. PERSONAL DATA THAT MAY BE COLLECTED
SMPS informs you that, depending on the needs of the specific case, it may collect various personal data from customers, employee candidates, employees, visitors and service providers, among which are, but not limited to, the following:
a) Full name and signature;
b) Date and place of birth;
e) Marital status;
f) Complete address;
g) Telephone number;
i) Photography and videotaping;
j) Unique Population Registry Code (CURP);
k) Migratory status (if applicable);
l) Academic, vocational training and professional qualification data;
m) Employment data such as background, salaries, benefits, working conditions and references;
n) Identification and contact data of family members, dependents or beneficiaries, such as their name and surname, telephone number and/or e-mail address;
o) Personal data coming from social networks and collected by automatic capture tools on the Web site; and
p) Social security data such as: Mexican Social Security Institute (IMSS) affiliation number, INFONAVIT credit number, FONACOT credit number, AFORE affiliation number, among others.
For legal entities:
a) Corporate name;
b) Nationality and registered office;
c) Corporate purpose;
d) Capital stock;
e) Registration and inscription data in the Public Registry of Property or Public Registry of Commerce;
f) Information on partners, shareholders or members of the entity, as well as the shareholding structure or equivalent thereof;
g) Information on directors, board members, officers, directors, statutory auditors and other officers of the entity;
h) Beneficial owner information;
i) Information on related entities such as subsidiaries, affiliates or controlling companies; and
j) Incorporation deed or any other legal document related to the legal entity.
The aforementioned personal data may be collected through the request of various documents, including but not limited to: birth certificate, articles of incorporation or incorporation deed, current official identification (voter’s credential, passport, etc.), partners’ meeting minutes taken after the incorporation and other corporate books, tax returns, tax withholding sheet, tax identification card (RFC), registration card with CURP, account statements, proof of address, IMSS vouchers, account number of the Retirement Funds Administrator (AFORE), Labor Skills Certificate (DC-3) issued by the Ministry of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social), resume, letters with labor references, among others.
4. PURPOSE OF DATA PROCESSING
The aforementioned personal data will be collected and processed by SMPS for the following purposes, which may vary depending on the data subject:
(i) For clients:
a) Contact individuals and perform legal services in accordance with their request;
b) Registering them in our customer database;
c) To answer and follow up on the legal services contracted;
d) Processing the payment of legal services with debit cards or credit cards;
e) Perform billing activities, clarifications and fee collection follow-up;
f) Manage digital tax receipts;
g) Send information, memorandums, notices or news regarding legal reforms or legal topics of interest;
h) Send invitations to conferences or events organized by or in which SMPS participates;
i) To send any notifications related to changes or modifications to this privacy notice;
j) Maintenance of physical, electronic, and procedural safeguards of personal data to comply with legal and administrative requirements in civil, commercial, administrative and tax matters; and
k) Compliance with the obligations and requirements set forth in the Federal Law for the Prevention and Identification of Operations with Illicit Proceeds (Ley Federal para la Prevención e Identificación de Operaciones con Recursos de Procedencia Ilícita) and any other applicable law.
(ii) For candidates of employment:
a) Answer your job application;
b) Schedule interviews, either in person or by videoconference;
c) Manage your access to our facilities;
d) Confirm your identity and contact information; and
e) Conduct the recruitment process and analyze your potential selection as a candidate.
(iii) For employees:
a) Execute the employment agreement;
b) Manage access to our facilities;
c) Manage the payment of fees, remuneration, taxes, contributions and other employee benefits
d) Manage bank account numbers for the payment of payroll through electronic fund transfers to your bank account;
e) Manage social security benefits; and
f) Carry out the procedures set forth in current labor, tax, social security and immigration regulations, in order to comply with the obligations related to employees, including affiliation with the IMSS, INFONAVIT and/or SAR, payment of employer contributions to the IMSS, INFONAVIT and SAR, withholdings, remittances and payments of taxes and quotas, as well as the preservation of files.
(iv) For visits and service providers:
a) Proof of identity;
b) Manage access to our facilities; and
c) Payment of fees for services rendered, if any.
5. OPTIONS AND MEANS TO LIMIT THE USE OR DISCLOSURE OF DATA.
SMPS informs you that it has every one of the administrative, physical, and technical security measures necessary to safeguard the personal information that you voluntarily provide us from any damage, loss, alteration, destruction or unauthorized use, access or treatment, pledging to keep it confidential.
In case you wish to limit the use and disclosure of your personal data, you can communicate your request through the following email: email@example.com, which will be attended according to the terms of the Applicable Regulations.
6. MEANS TO EXERCISE THE RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION OR OPPOSITION.
You have the right to access, rectify and cancel your personal data, as well as to oppose the processing of such data, limit its use or disclosure, or revoke the consent you have given us for the processing of such data, by sending a request to firstname.lastname@example.org or by writing to our personal data department located at Torre Chapultepec Uno, Paseo de la Reforma 509, 18th floor, Col. Cuauhtémoc, 06500, Mexico City and telephone 52 (55) 5282 9063. Your request must contain the following information:
a) Full name;
b) The documents evidencing their identity or, in the case of legal entities, their legal representation;
c) A clear description of the personal data in respect of which it seeks to exercise its rights of access, rectification, cancellation and opposition;
d) Any other element or document that facilitates the location of the personal data; and
e) E-mail or address to communicate you the response to your request.
Your request will be answered within a maximum period of 20 (twenty) days, or the term allowed by the Applicable Regulations and we will inform you about the origin of the request through the email or address you have provided us.
In case you do not agree with the treatment of your information that SMPS will perform for the purposes mentioned above, you can express your refusal through an email to the contact above or by writing to our address above mentioned.
7. DATA TRANSFER.
The personal data collected by SMPS will be stored in a database and will not be disclosed, assigned or transferred to third parties without the consent of the owner, except for the cases provided for in the Applicable Regulations or when such data is required by the competent authorities, in accordance with the Applicable Regulations and other legal provisions in the United Mexican States, highlighting the cases provided for in Article 37 of the Federal Law for the Protection of Personal Data in Possession of Individuals (Ley Federal de Protección de Datos Personales en Posesión de los Particulares).
Notwithstanding the foregoing, SMPS has the right to share your personal data with employees and partners of the firm, notaries, service providers or third parties that process your personal data, who will be always subject to this Privacy Notice.
8. MODIFICATIONS TO THE PRIVACY NOTE.
SMPS reserves the right to modify this privacy notice. Any changes or modifications to this notice will be sent to the email address you have provided to us or will be available on the SMPS website (www.smpslegal.com).
This Privacy Notice is governed by the Applicable Regulations in the United Mexican States and its acceptance implies your express submission to the courts of Mexico City, in the event of any controversy or claim arising from it.
Last update: January 20, 2022.