Privacy notice

Definitions

  1. The Controller: Momento Capital S.A.P.I. de C.V.
  2. The Data Subject: The person to whom the data belongs.
  3. Sensitive personal data: Personal data that affects the most intimate sphere of the data subject, or whose misuse could give rise to discrimination or entail a serious risk to the data subject.
  4. ARCO Rights: The rights you have as the owner of the personal information, which allow you to access, rectify and cancel your personal data and to oppose its processing.
  5. Electronic Means: The use of optical, electronic or magnetic equipment, automated data-processing systems, and public or private telecommunications networks, as well as web pages, i.e. Internet sites containing information, applications and, where applicable, links to other pages, provided that a password or means of identification is required. Consent given through these means shall have the same value as a handwritten signature, shall produce the same effects that the law grants to the corresponding documents and, consequently, shall have the same evidentiary value.

1. Identity and address of the controller

This Privacy Notice (hereinafter, the “Notice”) sets out the terms and conditions under which Momento Capital S.A.P.I. de C.V. (hereinafter, “Momento Capital”), with its address for receiving notices at Av. Vasconcelos 404, Interior 604, San Pedro Garza García, Mexico, in its capacity as Controller (or the Processor designated by Momento Capital), will process the Data Subject's personal data.

This Privacy Notice will be permanently available at the following web address: www.momentocapital.com/avisodeprivacidad

2. Consent of the data subject

For the purposes of the Federal Law on the Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares, the “LFPDP”) and other applicable law, the Data Subject states (i) that this Notice has been made known to them by the Controller; (ii) that they have read, understood and agreed to the terms set out in this Notice, and therefore consent to the processing of their personal data. Where the personal data collected includes property or financial data, the signing of the corresponding agreement or application, whether in printed form or by electronic means and their corresponding consent processes, will constitute the Data Subject's express consent; and (iii) that they consent to Momento Capital or its Processors carrying out transfers and/or remittances of personal data under section 6 of this Notice.

3. Personal data we collect

Momento Capital may collect the Data Subject's personal data when it is provided directly and/or in person through any means of contact between the Data Subject and the Controller or its Processors. It may also collect personal data indirectly from publicly available sources and other sources available on the market.

The Controller discloses that the Data that may be collected from the Data Subject for the processing of their Data (“processing” meaning the collection, use, disclosure or storage of personal data by any means; use includes any act of access, handling, exploitation, transfer or disposal of personal data) include, without limitation:

4. Purposes of the personal data

Primary purposes. To verify your identity and information; to compile your file; to update our database and to comply with applicable regulations and with the requirements of authorities under the Law, in order to comply with legal provisions and requirements of various authorities; as well as to follow up on credit applications, which includes (i) verifying certain information for the analysis and feasibility of granting credit to the “Data Subject”; (ii) verifying their credit history; and (iii) verifying certain personal references or references with various credit institutions, and any others necessary for that purpose.

Solely in the case of job applicants, we process their data for the purpose of carrying out the recruitment, selection and, where applicable, hiring process.

Secondary purposes. The Controller will also process personal data for other purposes, such as sending notices, messages and/or communications to promote services, and in general for any activity inherent to the communication processes arising from the service relationship.

You may object to the processing of your data for secondary purposes through the means made available to you for exercising your ARCO rights. If you do not object within five (5) “BUSINESS DAYS” after your data has been collected, you will be deemed to have given your consent.

5. Video surveillance and photography

Any person entering the Controller's premises may be video-recorded by our security cameras and may also be photographed.

Images captured by the closed-circuit television cameras will be used for your safety and that of our visitors, to remotely monitor the premises and to confirm in real time any risk condition in order to minimize it, as well as to safeguard material and human resources within our premises. Photographs are used to control access to our corporate premises.

6. Transfers and/or remittances of data

Momento Capital needs to share the Data Subject's personal data in order to comply with its legal and/or commercial obligations, for which it has entered or will enter into various commercial agreements both in Mexico and abroad. Recipients of personal data are bound by the corresponding agreement to keep the personal data provided confidential and to observe this Notice. Momento Capital and/or its Processors may communicate the personal data collected to any other company in the same corporate group to which the Controller belongs that operates under the same internal processes and policies, whether in Mexico or abroad, for processing for the same purposes described in this Notice.

Your personal information may be sent to, stored and processed in a country other than the one in which it was provided, in accordance with applicable data protection laws. We take measures to protect personal information regardless of the country where it is stored or to which it is sent, and we have timely procedures and controls in place to ensure this protection.

Momento Capital does not require the Data Subject's consent to carry out national or international transfers of personal data in the cases provided for in Article 37 of the LFPDP or in any other exception provided for by that law or other applicable legislation.

7. Procedure for exercising ARCO rights and revoking consent

The Data Subject has the right, at any time, to access, rectify and cancel their data, as well as to oppose its processing or revoke any consent they have given, by submitting a request using the form we will provide upon express request, which must contain the following information and documentation:

  1. The Data Subject's name and address, or other means for communicating the response to their request;
  2. Valid documents evidencing their identity (a plain printed or electronic copy of their voter ID card, passport or Visa) or, where applicable, the legal representation of the Data Subject (a plain printed or electronic copy of the simple power of attorney bearing the handwritten signature of the Data Subject, together with the valid official identification of the Data Subject and the attorney-in-fact – voter ID card, passport or Visa);
  3. A clear and precise description of the data with respect to which they seek to exercise any of the ARCO Rights; and
  4. Any other element or document that facilitates locating the Data Subject's personal data.

In the case of requests to rectify personal data, the Data Subject must also indicate the changes to be made and provide documentation supporting the request.

To comply with the obligation to provide access to personal data, the identity of the Data Subject or the authority of the representative must first be verified; the information will be made available on site at the Controller's address. Another means may be agreed between the Data Subject and the Controller provided the information requested allows it.

To request the form, and for the receipt of and response to requests to exercise your ARCO rights, revoke your consent and exercise the other rights provided for in the LFPDP, we make the following means available to you:

If the information provided in your request is incorrect or insufficient, or the corresponding supporting documents are not attached, we may ask you, within five (5) “BUSINESS DAYS” of receiving the request, to provide the elements or documents necessary to process it. The Data Subject will have ten (10) “BUSINESS DAYS” to respond, counted from the day after receiving the request. If no response is given within that period, the request will be deemed not to have been submitted.

Momento Capital will respond to the Data Subject within a maximum of twenty business days from the date the request was received so that, if appropriate, it may be carried out within fifteen (15) “BUSINESS DAYS” after the response is communicated. In all cases, the response will be given through the same channel through which the request was submitted or through any other means agreed with the Data Subject. These periods may be extended under the terms of the LFPDP.

8. Limiting the use and disclosure of information

The Controller 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, and to maintain accounting, financial and audit records under the LFPDP and current commercial, tax and administrative legislation.

The personal data collected 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 LFPDP and other applicable legislation. Notwithstanding the foregoing, Momento Capital does not guarantee that unauthorized third parties will not be able to access the physical or logical systems of the Data Subjects or the Controller, or the electronic documents and files stored on their systems. Consequently, Momento Capital shall in no case be liable for any damages that may result from such unauthorized access.

You or your duly accredited legal representative may limit the use or disclosure of your personal data through the same means and procedures established for exercising ARCO Rights. If your request is granted, you will be registered on the exclusion list maintained by Momento Capital so that you stop receiving information about advertising or marketing campaigns.

You also have the right to register with PROFECO's Public Registry to Avoid Advertising (Registro Público para Evitar Publicidad, REPEP) at http://repep.profeco.gob.mx

If you believe that Momento Capital has violated your right to the protection of your personal data, you may contact the National Institute for Transparency, Access to Information and Personal Data Protection (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales, “INAI”).

9. Changes to this notice

Momento Capital reserves the right to periodically update this Notice to reflect changes in its information practices. If we make any change to our Privacy Notice, we will notify you by email in accordance with the information provided by the Data Subject for that purpose. It is the Data Subject's responsibility to review the content of the Notice. Unless the Data Subject states otherwise, the Controller will understand that the Data Subject has read, understood and agreed to the terms set out therein, which constitutes their consent to the changes and/or updates regarding the processing of their personal data.