PRIVACY POLICY
1. Identity and Address.
CLUSCAP S.A. DE C.V. and/or “CLUSCAP” with address Guillermo González Camarena 1200 piso 5 Col. Santa Fe, Álvaro Obregón C.P. 01376, in compliance with the Federal Protection Law regarding Personal Data held by Individuals ("Ley Federal de Protección de Datos Personales en Posesión de los Particulares", hereinafter, the "Law") CLUSCAP hereby gives you notice of the present Privacy Notice (hereinafter the "Notice") which purpose is to notify the terms and conditions of the treatment of your (i) Simple Personal Data and/or (ii) Financial Personal Data, (hereinafter jointly and severally as a general reference of the two types of personal data, hereinafter the "Personal Data", including specifically those that are detailed further on). With regards to "Client and/or Prospect" the meaning of such terms means an individual that was, is, or may be Client and/or Prospect, or was, is or may be an individual that CLUSCAP provides or will provide him/her financial advisory services. The relationship with the Client and/or Prospect is activated by sharing or providing documentation that establishes such relationship between the Client and/or Prospect and CLUSCAP.
2. Personal Data submitted to the Treatment.
The Simple or Financial Personal Data collected and to be treated are the following:
- Full name;
- Address and phone number and other information of personal
contact;
- Date and place of birth;
- Nationality;
- Gender;
- Real estate owned;
- Financial statements;
- Additionally all data required by the Anti-Money Laundering and Terrorist Financing regulation.
The above mentioned Personal Data mentioned are collected from:
- Information that you directly provide;
- Information that CLUSCAP receives from the entities that are part of the Corporate Group of the Client and/or Prospect.
- Information that CLUSCAP may receive from third parties such as past services providers.
3. Purpose of the Personal Data Treatment.
CLUSCAP makes of your knowledge that the Personal Data will be used to establish a relation with the Client and/or Prospect to provide financial advisory services , therefore the Personal Data mentioned will be subject to:
- Evaluation:
- Analysis;
- Use;
- Manage;
- Disposition;
- Disclosure; and
- Access and storage by any media.
The above will be used by the Responsible to grant the Holder a determined service.
In accordance with point four of this Privacy Notice CLUSCAP does not sell, lease, or transfer your Personal Data to a distinct person other than the entities or CLUSCAP subsidiaries. The access to the Personal Data within CLUSCAP will be limited to those that require the information for the detailed purposes described in this Privacy Notice, and may include CLUSCAP ́s officers, their representatives, Finance and Accounting area, Legal and Compliance.
- Business Operation: Operation and administration of the information technology (IT), systems and communication, product administration and development of services, improving product and services, strategic plans, project and maintenance administration of the registry related to the business activities.
- Compliance: Compliance of the legal requirements and CLUSCAP internal policies, and other government or public authorities requests.
4. Data Transfer.
The Responsible gives notice that with the purpose to comply with the contractual, administrative, civil, commercial, and tax obligations the Responsible can transfer his/her Personal Data to third parties, in the understanding that these are obliged to maintain the confidentiality of the provided Personal Data and comply with the terms and conditions of the Privacy Notice. The Responsible may transfer the collected Personal Data to CLUSCAP national or foreign entities or subsidiaries, government entities and regulatory authorities such as Courts or security forces when the Law requires them; and third parties regarding any proposal, reorganization, mergers, acquisitions, joint ventures, transfer or any other disposition of a partial or total of CLUSCAP business.
5. Media and procedures to exercise the access, amendment, cancelation, and opposition rights (hereinafter the "ARCO Rights”).
In case of doubts or queries of how the Responsible processes your Personal Data, or if you wish to access, amend, suppress, copy, limit, cancel the use or eliminate your Personal Data contact CLUSCAP and request to CLUSCAP stop using them according to Law provisions, and contact Pedro Cabrero Nassar (hereinafter the "Personal Data Manager") or sending an e-mail to hello@cluscap.com specifying your name, address, and your petition, as well as for how you wish to exercise your ARCO rights established by Law by the request to the Personal Data Manager. Once received the petition the duty manager will analyze according to the Law and CLUSCAP internal politics. The duty manager shall answer the petition within 20 (twenty) business days, the duty manager may respond in an affirmative or in a negative way duly founded. However, keep in mind, that certain Personal Data may be exempt of the ARCO rights according to the Data Protection Laws or other regulations.
6. Limits to the use or divulgation of the Personal Data.
You may at any moment revoke the approval granted in favor of CLUSCAP for the treatment, of your Personal Data. Besides, the settled forth procedure in the immediate section before you may limit the use or disclosure of your Personal Data by sending an e-mail to the Personal Data Manager with the petition to be registered in the "List of publicity exclusion", with the purpose to not receive promotional information of our product and services.
7. Personal Data Department.
The Responsible shall take appropriate measures to protect the Personal Data that are compatible to the laws and regulations regarding security and data privacy, including administrative secure measures, physical techniques, and those that obligate third parties with who we maintain a relationship in the terms of this Privacy Notice, these third parties count with the proper measures to protect the confidentiality and security of the personal data. It is made of knowledge that the security measures are identical as the Responsible one uses to store its own information and that all information is confidential derived from the nature of the services provided by the Responsible.
For any doubt that you have regarding the protection of your Personal Data, please contact the Personal Data Manager through the phone number that you can obtain from the following website: www.cluscap.com. All communication to such person shall generate a response ticket which you shall obtain via e-mail which will be sent to the address that CLUSCAP has on its records as a part of your information, on the contrary it is considered as not done.
8. Procedures and media to change the Privacy Notice
Changes to this Privacy Notice will be published and made available in the following website: www.cluscap.com and/or sent to the Client and/or Prospective client to the provided email.
9. Consent
By making available this Privacy Notice, it will be understood that you grant CLUSCAP your consent to carry out the treatment of the Personal Data that were, had been and/or provided in the future, either personally or through third parties in accordance with the provisions of this Privacy Notice, as well as through any electronic, optical, sound, audiovisual media or through any other technology or communication method available to the data protection responsible. The express consent for the processing of Personal Data will not be necessary when its management is intended to fulfill obligations arising from a legal action between the Owner and the Responsible person, nor in the cases contemplated in article 10 of the Law. The foregoing without prejudice of the faculty possessed by the Holder for the exercise of ARCO Rights in terms of the Law and that the holder can exercise according to the process communicated in this Notice.