NOTICE OF PRIVACY
In order to comply with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties (LFPDPPP), BimsaReports, S.A. informs you of this privacy notice, which applies to the Personal Data collected with the prior consent of its Owner, and through which you are informed of the processing that this company, as the Responsible Party, will carry out with the Personal Data you provide to us.
Bimsa Reports, S.A. de C.V., with its address at Melchor Ocampo No. 193, (Torre Privanza), 15th floor, Colonia Verónica Anzures, Postal Code 11300, Delegación Miguel Hidalgo, Mexico City, D.F., with telephone number 01800 00 24672, and on the website www.bimsareports.com, is constituted as responsible for collecting your personal data, the use given to them, and their protection, through the implementation of technical, administrative, and physical security measures that allow for the protection of your personal data against any damage, loss, alteration, destruction, or unauthorized use, access, or processing by you as the Owner, as we are aware of the importance of protecting your privacy from third parties and your right to informational self-determination.
This Privacy Notice contains the following terms and conditions:
I. Terms.
For the purposes of this Privacy Notice, the following terms shall have the following meanings, understanding that those not defined herein shall have the meaning attributed to them in the LFPDPPP: “Personal Data”: Any information concerning an identified or identifiable natural person.
– “ARCO Rights”: These are the rights of access, rectification, cancellation, and opposition that each Owner has concerning their Personal Data collected by the Responsible Party and/or its Managers, in accordance with the provisions of the LFPDPPP, and subject to the exceptions established therein, as described below:
a. Right of Access: The Owner’s right to know about the Personal Data related to their person that is held by the Responsible Party or its Managers, and the processing given to it.
b. Right of Rectification: Each Owner has the right to have their Personal Data corrected when it is inaccurate or incomplete.
c. Right of Cancellation: The right of each Owner to request at any time the deletion of their Personal Data. The cancellation will take place once the blocking period has elapsed.
Blocking involves the identification and preservation of Personal Data once the purpose for which it was collected has been fulfilled, to determine possible responsibilities regarding its processing until the legal or contractual limitation period has expired.
During this period, your Personal Data will not be processed, and once it has expired, your data will be deleted from the corresponding database or file. Once the data has been deleted, the Responsible Party will notify the Owner accordingly.
d. Right of Opposition: The Owner has the right to request, as long asthey have a legitimate cause, that the Responsible Party stop processing their Personal Data.
– “Responsible Party”: The individual or legal entity that decides on the processing of the Owner’s Personal Data, in this case, BimsaReports, S.A. de C.V.
– “Manager”: The individual or legal entity that alone or together with others processes Personal Data on behalf of the Responsible Party.
– “Owner”: The individual to whom the Personal Data belongs.
II.- Owner’s Consent
The Owner declares that this Privacy Notice has been made known to them by the Responsible Party, and therefore grants their consent for the processing of their Personal Data for the purposes of the LFPDPPP and other applicable laws.
In the event that the Personal Data collected includes sensitive or financial Personal Data, through the signing of the corresponding form, either in print or using electronic means and their corresponding processes for obtaining consent, for example, but not limited to, by providing Personal Data through responses in telephone interviews, acts that constitute the express consent of the Owner will be carried out under the terms of the second paragraph of Article 8 of the LFPDPPP and other applicable laws.
If the Owner does not object to the terms of this Privacy Notice within the next 20 days after it has been made available, the content will be considered agreed upon and consented to, under the terms of the third paragraph of Article 8 of the LFPDPPP. The Owner’s consent may be revoked at any time by them without retroactive effects, under the terms and in accordance with the procedures established below in this Privacy Notice.
Notwithstanding any provision of this Privacy Notice, the Owner acknowledges that their consent is not required for the processing of Personal Data by the Responsible Party or third parties in any of the cases provided for in Article 10 of the LFPDPPP.
III.- Purpose of the Personal Data
Bimsa Reports, S.A. de C.V. requires obtaining and processing the following Personal Data of the Owner: Name, address, work or tax address, email address, personal or work phone number, cell phone number; amount of the investment in the specific project being studied in the construction industry sector, as well as others of a similar nature.
The collection of Personal Data may occur when the Owner visits public places and is contacted by our interviewers or surveyors, when the Responsible Party or its Managers communicate via telephone with the Owner, or through the use of our website, by voluntarily providing information through the email link on the Responsible Party’s website.
Among the documentation that may be collected by Bimsa Reports, S.A. de C.V. to verify the identity of the Owner of the Personal Data are the voter identification card, passport, professional license, or the national military service identity card.
For job applicants or employees, birth certificates, proof of studies, Federal Taxpayers Registry card, proof of the Unique Population Registry Code (CURP), social security number, proof of address—water rights payment receipt, electricity service payment receipt, or telephone bill—health status information, as well as psychometric studies conducted by Bimsa Reports, S.A. de C.V., may also be requested.
The Responsible Party may also collect Personal Data from publicly accessible sources and other sources available in the market to which the Owner may have consented to share their personal information or provided demographic information associated with a specific geographic area.
The Owner’s Personal Data is collected and processed by the Responsible Party or its Managers to allow the Owner to carry out the following activities with the Responsible Party:
a. Provide specialized information about the construction industry, about the analysis of contracted works and new projects (Construleads), and about construction costs (Activecost).
b. Request an invoice or digital tax receipt;
c. Request a quote or service information;
d. Use the various services of the corresponding websites, including downloading content and formats;
e. Participate in online chats and/or discussion forums about products and/or services, or debates on topics related to the construction industry;
f. Share their comments or suggestions about the products and services;
g. Process payments; and
h. Any other activity similar to those described in the previous items.
Likewise, the Responsible Party, directly or through its Managers, may use your Personal Data for the following purposes:
a. Conduct surveys or apply questionnaires for research purposes for market studies in the construction industry at the national level;
b. Conduct studies on the demographics, interests, and behavior of its customers, consumers, suppliers, and those third parties it deals with;
c. Conduct market studies to offer personalized products and services more suited to the needs of its customers, consumers, suppliers, and other third parties it deals with;
d. Formalize the transactional process with its customers, consumers, suppliers, and other third parties it deals with.
For job applicants and employees of Bimsa Reports, S.A. de C.V., the following activities will be carried out:
a. Conduct the recruitment and selection process;
b. Carry out the hiring process on its own or through third parties.
The Responsible Party needs to share your Personal Data with providers of database management and administration services, automated Personal Data processing and storage, email authentication and validation, personnel recruitment services, auditing services, and other services of a similar nature as described. Such Personal Data will be used for the purposes specified in this privacy notice.
IV.- Data Transfers
Additionally, the Data Subject consents to the Responsible Party or any Processor transferring their Personal Data to third parties, whether domestic or foreign, with the understanding that the treatment of the Data Subject’s Personal Data by such third parties must comply with the provisions of this Privacy Notice.
If you do not express your objection to the transfer of your Personal Data, it will be understood that you have given your consent for it. We are committed to not transferring your personal information to third parties without your consent, except for the exceptions provided in Article 37 of the Federal Law on Protection of Personal Data Held by Private Parties, as well as carrying out this transfer under the terms set forth in that law.
The Responsible Party informs the Data Subject that, in order to deliver products, services, and solutions to its clients, consumers, employees, suppliers, and other users of its services, the Responsible Party and/or its Processors have entered into or will enter into various commercial agreements with product and service providers, both domestically and abroad, to supply, among other services: email; database administration and management; automated processing of Personal Data and its processing; payroll administration; personnel recruitment; audit services, and other similar services.
The Data Subject’s authorization grants the Responsible Party and/or its Processors the right to transmit the Data Subject’s Personal Data to these providers, with the understanding that such providers are obligated, by virtue of the corresponding contract, to maintain the confidentiality of the Personal Data provided by the Responsible Party and/or its Processors and to observe this Privacy Notice. BimsaReports, S.A. de C.V., in its capacity as the Responsible Party and/or its Processors, may transfer the Personal Data collected from the Data Subject to any other company within the same corporate group to which the Responsible Party belongs, whether it is the parent company, subsidiaries, or affiliates and/or operates under the same internal processes and policies, whether located domestically or abroad, for processing in accordance with the same purposes described in this Privacy Notice. It may also transfer your Personal Data to other third parties who assist in fulfilling the contracts or legal relationships that it has with the Data Subject.
Your personal information may be transferred and processed in a country different from where it was provided. If we do so, we transfer the information in accordance with applicable personal data protection laws. We take measures to protect personal information regardless of the country where it is stored or to which it is transferred. We have appropriate procedures and controls in place to ensure this protection.
The Data Subject acknowledges and accepts that the Responsible Party does not require the authorization or confirmation of the Data Subject to transfer Personal Data nationally or internationally in cases provided for in Article 37 of the LFPDPPP or any other exception provided by the same or other applicable legislation.
V.- Retention and Security of Personal Data
The Responsible Party and/or its Processors will retain the Data Subject’s Personal Data for as long as necessary to process their requests for information, products, and/or services, as well as to maintain accounting, financial, and audit records in accordance with the LFPDPPP and current commercial, tax, and administrative legislation.
The Data Subject’s Personal Data collected by the Responsible Party and/or its Processors will be protected by appropriate administrative, technical, and physical security measures against damage, loss, alteration, destruction, or unauthorized use, access, or processing, in accordance with the provisions of the LFPDPPP and the administrative regulations derived from it. However, Bimsa Reports S.A. de C.V. does not guarantee that unauthorized third parties cannot gain access to the physical or logical systems of the Data Subjects or the Responsible Party, or to the electronic documents and files stored in their systems. Consequently, Bimsa Reports, S.A. de C.V. will not be liable for any damages that may arise from such unauthorized access.
VI.- Personal Data Department/Privacy Office**
For any communication regarding our Privacy Notice, you must submit your request electronically, addressed to the Executive Director of Operations, Sergio L. Ramírez Padrón, who acts as our Privacy Office, in charge of it. You can send your request to the email address datospersonales@bimsareports.com and/or use the electronic link specifically designated for handling personal data protection at www.bimsareports.com. Alternatively, you may submit your request in writing to the offices of Bimsa Reports, S.A. de C.V., located at Melchor Ocampo number 193, (Torre Privanza), 15th floor, Colonia Verónica Anzures, Postal Code 11300, Delegación Miguel Hidalgo, Mexico City, with the phone number 01800 00 24672, during business hours from 9:00 AM to 2:00 PM, on Mondays of each week.
VII.- Procedure for Exercising ARCO Rights
As the Data Subject, or through your representative, you have the right to access your personal data that you have authorized us to process, as well as to be informed about the conditions under which they are processed. You also have the right to rectify them if they are inaccurate or incomplete, to cancel them when you believe they are no longer necessary for any of the purposes outlined in this privacy notice, are being used for unauthorized purposes, or to object to their processing for specific purposes.
Bimsa Reports, S.A. de C.V., has implemented a mechanism for exercising these rights, which involves submitting an information request at our offices at the address provided in this privacy notice, directed to our Privacy Office, or at the previously mentioned physical or electronic addresses. The exercise of the rights to access, rectification, cancellation, and opposition may be carried out starting January 6, 2012, in accordance with the applicable law.
To process your request, it must contain the following information:
1. The name of the data subject, address, and/or email address to communicate the response to your request;
2. Documents proving identity (voter ID, passport, professional license, or FM3) in photocopy, or, if applicable, legal representation of the data subject (a simple copy in printed or electronic format of the power of attorney with the original signature of the Data Subject, the attorney, and their corresponding official identifications – voter ID, passport, professional license, or FM-3);
3. A clear and precise description of the Personal Data for which any of the aforementioned rights are being exercised; and
4. Any other element or document that facilitates the location of your Personal Data.
In the case of requests for rectification of your personal data, you must also indicate the modifications to be made and provide the documentation that supports your request.
Bimsa Reports, S.A. de C.V., in accordance with the LFPDPPP, has a maximum period of twenty business days, counted from the date the request for access, rectification, cancellation, or opposition was received, to inform the Data Subject of the decision made. If appropriate, the action will be carried out within fifteen days from the date the response is communicated to the Data Subject. The aforementioned periods may be extended only once for an equal period, provided the circumstances of the case justify it.
In the case of requests for access to Personal Data, the Responsible Party will proceed with delivery after verifying the identity of the requester or their legal representative, as appropriate. The delivery of Personal Data will be free of charge, except for shipping costs or reproduction costs in copies or other formats, which must be paid by the Data Subject or their Legal Representative. If the Data Subject reiterates their request within a period of less than twelve months, they must cover the corresponding costs equivalent to no more than three days of the Minimum Wage in effect in Mexico City in accordance with the LFPDPPP, unless there are substantial modifications to the Privacy Notice that justify new inquiries.
For requests for the cancellation of Personal Data, in addition to the provisions of this Privacy Notice, the provisions of Article 26 of the LFPDPPP will apply, including the exceptions to the cancellation of Personal Data indicated therein.
The submission of an objection request by the Data Subject regarding the use of their Personal Data gives the Responsible Party the authority to oppose the use of the Personal Data that the Data Subject has provided to the objector.
VIII.- Revocation, Limitation on the Use or Disclosure of Your Personal Data
You may revoke the consent you have given us for the processing of your personal data at any time, so that we cease using it, except in the cases established in Article 10 of the Federal Law on Protection of Personal Data Held by Private Parties. To enable Bimsa Reports, S.A. de C.V. to process your revocation request, you must provide the information specified in points 1, 2, 3, and 4 of Section VII above, to our Privacy Office through the means indicated in Section VI of this Notice.
Bimsa Reports, S.A. de C.V. will respond to your request within ten business days following the receipt of your revocation request and will inform you of the outcome by sending an email to the address you provided in your request.
We offer you the option to limit the use or disclosure of your personal data for participation in our interviews and surveys by sending an email to datospersonales@bimsareports.com. You may also unsubscribe by sending a letter to Bimsa Reports, S.A. de C.V., located at Melchor Ocampo number 193, (Torre Privanza), 15th floor, Colonia Verónica Anzures, Postal Code 11300, Delegation Miguel Hidalgo, Mexico City, with phone number 01800 00 24672, between the hours of 9:00 a.m. and 2:00 p.m. on Mondays, and/or through the link specifically provided for personal data protection at www.bimsareports.com.
Please note that it will take ten business days from the receipt of your request for the unsubscribe process to be completed.
IX.- Changes to the Privacy Notice
Bimsa Reports, S.A. de C.V. reserves the right to periodically update this Privacy Notice in accordance with changes in our information practices, in response to legislative developments, internal policies, or new requirements for providing our services or products.
These modifications will be made available to the public through our website, so the Data Subject can review them at www.bimsareports.com. The Responsible Party will assume that if the Data Subject does not express otherwise, it means that the Data Subject has read, understood, and agreed to the terms set forth, which constitutes their consent to the changes made in such updates regarding the processing of their Personal Data for the purposes of the LFPDPPP and other applicable legislation.
X.- Federal Institute for Access to Information and Data Protection (IFAI)
If the Data Subject believes that their right to personal data protection has been violated due to the improper handling of their personal data, they may file a complaint or report with the Federal Institute for Access to Information and Data Protection (IFAI). For more information, please visit www.ifai.org.mx.