COMPREHENSIVE PRIVACY NOTICE


Berkman Abogados (B.B.L. Legal Abogados, S.C., (the “Responsible Party”), in abidance of the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, its Regulations and the Guidelines of the Privacy Notice (hereinafter, the “Law”) is disclosing hereby this Privacy Notice (the “Notice”) which purports to advise you of the terms and conditions regarding the processing of personal data and sensitive personal data which, from time to time, will collect from the holders of such data.

I.- Domicile.

For purposes of this Notice, the Responsible Party states as its domicile the one located at Calle de San Francisco número 2, Despacho 101 y 6° Piso, esquina Viaducto Miguel Alemán, Colonia del Valle, Código Postal 03100, Mexico City, Mexico.

II.- Personal Data we collect and its purpose.

Through the website of the Responsible Party you can browse without providing personal data, however there are certain sections within the page where you can voluntarily provide your data, these can be collected in different sections, for example, when you send us an email or you decide to provide us with your résumé, as well as those you provide us with the intention of contracting our legal services or providing us with any service.

The data we can collect belongs to the following categories:

Identification data: full name, business or corporate name, home address, country of residence, gender, date and place of birth, marital status, single population registration code (CURP), data from your voter’s credential, driving license number, email address, landline number and/or mobile phone number.

Academic data: Institution where you carry out or carried out your studies, school average, professional degree, professional identification number, specialty, master’s degree or doctorate.

Employment data: Places where you work or worked, position, address, email, landline number, company name and/or immediate boss.

Financial information: Domicile for tax purposes, federal taxpayers’ registry, bank account information, (name of bank, account number, interbank key, form of payment) number of credit cards, of land tax accounts, of water, electric power service, etc.

Minors and handicapped persons: The Responsible Party is a Law Firm committed to the privacy of minors and handicapped persons, consequently, we do not intentionally collect or treat personal data of minors and incapacitated without the express consent of their parents, guardians or legal representatives. If you are a parent, guardian or legal representative of a minor or handicapped person and you know that he/she have provided us with personal data without your consent, you may request that they be canceled at the following email address ap@berkman-abogados.com.mx

Purposes and/or uses of personal data.

We can use your data for different purposes, depending on the particular circumstances in which they are collected, always in abidance of the professional relationship that is established with the interested party and the specific privacy notice that, if applicable, has been made available to you, and would be:

Professional Services:

All personal information you provide or make known to the Responsible Party will be used to provide the legal advice services you have requested, make any necessary notification related to the provision of the service and in general to comply with the purpose of the relationship that has given rise to the treatment of the Personal Data.

Visit our facilities:

To control access and maintain the safety of those who work therein.

Contact the Responsible Party via email or telephone:

Establish a legal relationship

To give due reply to your questions and comments.

To be in touch with the client or user.

When you send a résumé:

To consider you in a selection and/or recruitment process.

Secondary purposes:

To send you a newsletter.

To send you information of interest to you.

III.- Sensitive personal data and financial information subjected to treatment and purpose thereof.

The aforementioned financial and/or sensitive personal data will be collected for the purpose of hiring employees or external staff, carrying out payroll deposits, payments derived from the provision of services, or in order to prepare invoices to collect for the legal services provided, or to have your internal file as an employee or candidate since the nature of our work requires it in ethical and legal terms; to grant, where appropriate, the agreed benefits, which is why we must know your health status, physical characteristics or pre-existing diseases, and in order to allow us to fully know our candidates and employees, as this is necessary in the development of their functions or possible functions.

The Responsible Party undertakes that any sensitive personal data collected hereby will be processed under the most stringent security measures to ensure their confidentiality, and consequently, in abidance of the provisions of Article 9 of the Law, your express consent is required for the treatment of your personal sensitive data, so it is requested for you to indicate whether or not you accept such treatment.

IV.- Means to collect personal data and sensitive personal data.

Personal data and personal financial and/or sensitive personal data referred to herein, enable the Responsible Party to comply with its administrative, fiscal, civil and/or business obligations. The personal data and sensitive personal data is collected via email, telephone communication with authorized staff from the Responsible Party, the voluntary disclosure of information and personal data in interviews with authorized staff of the Responsible Party, by mail, by volunteering information and personal data through dialog boxes within the website www.berkman-abogados.com.mx; as well as the disclosure of information and data upon entering the premises of the Responsible Party as means of identification.

V.- Transfers and Goals.

Given the nature of the processing of personal data and/or personal financial data and/or sensitive personal data collected by the Responsible Party, these will not be passed on to third parties, except as set forth above in connection with employee benefits arising from insurance. Should a transfer be required, the Responsible Party will advise you of the nature of said transfer, the purpose of the same and the third party to whom your personal data and/or sensitive personal data will be transferred in order to obtain your express consent, on terms substantially equal to the following wording:

“You are advised hereby by the Responsible Party that, in order to meet its contractual administrative, fiscal, civil and/or business obligations, it will transfer your Personal Data to [identity of the persons other than affiliates and subsidiaries of those transferring Personal Data] in order to [specific and concrete purpose of the data transfer] with the understanding that these third parties are obligated to preserve the confidentiality of the Personal Data supplied and to fully comply with the terms and conditions of this Notice.

For the la transfer of your Personal Data, we require your express consent in accordance with the provisions of article 36 of the Law, and therefore we request from you to state whether you accept this transfer.

Yes I do           No, I do not            authorize my personal data to be transferred pursuant to the terms and conditions of this Notice.”

The Responsible party may transfer the collected Personal Data to its agents, correspondents and domestic or foreign associated firms, which share internal processes and policies for corporate governance, and which are notified hereby upon making such a transfer; for which purpose the consent of the holder is not required pursuant to section 37 of the Law, and also that the consent given by you covers this transfer.

VI.- Consent.

By reading this Notice, the owner of the Personal Data has tacitly consented, expressly and in writing, to its treatment by the Responsible Party in the terms set forth herein, unless there is an express request to oppose the processing of your Personal Data of according to the procedure established in this Notice.

Yes I do           No, I do not            authorize my sensitive personal data to be processed and, in such case, (transferred as indicated) pursuant to the terms and conditions of this Notice.

Name and handwritten signature of the owner.

_____________________________________

VII.- Means and procedures for exercising the rights of access, rectification, cancellation and opposition.

If you have any questions or concerns about the way the Responsible Party processes the Personal Data, or if you wish to access, modify, rectify, delete, copy, limit the use, cancel the use or eliminate Personal Data and/or Sensitive Personal Data about yourself or request from us to cease using them as permitted by Law, please contact the personal data protection manager, María Josefina Márquez Fernandez, for which purpose you must send an email to the following address: ap@berkman-abogados.com.mx or call 56.87.04.11 specifying your name, address and the purpose of your request. The Manager will acknowledge receipt of your request on the same day she receives it. If she fails to acknowledge receipt, you must understand that said request was not received due to a technical fault, not ascribable to the Responsible Party. Once the Manager receives the request, she shall conduct an analysis thereof in accordance with the Law, its Regulations and internal policies regarding privacy. The Manager will reply to your request no later than three business days following the day when the same was received, and may issue such a reply in the affirmative or negative sense, duly substantiated. Please take into account, however, that certain Personal Data may be exempt from such accessing, rectification, deletion, copying, and canceling by virtue of data protection laws or other laws and regulations.

VIII.- Revocation of Consent to Processing.

If you wish to revoke the consent to the processing of your Personal Data and/or Sensitive Personal Data, please contact the personal data protection manager, María Josefina Márquez Fernández, by sending an email to the address ap@ berkman-abogados.com.mx or by calling 56.87.04.11 specifying your name, address and the purpose of your request. The Manager must acknowledge receipt of your request the same day you receive it. If she fails to acknowledge receipt, you must understand that this request was not received due a technical fault – not attributable to the Responsible Party. Once said request is received, she will carry out an analysis thereof according to the Law, its Regulations and the internal privacy policies. The person in charge will give reply to your request no later than three business days after the day on which it was received, being able to issue said answer in an affirmative or negative sense, duly substantiated.

IX.- Personal Data Department.

The Responsible Party shall take appropriate measures to protect the Personal Data and Personal Financial Data and/or Sensitive Personal Data consistent with the laws and regulations on security and privacy of data, including administrative, technical and physical security measures, including enforcing such measures upon third parties with whom it has a relationship in the terms of this Notice, for them to have appropriate measures aimed at protecting the confidentiality and safety of Personal Data and/or Personal Financial Data and/or Sensitive Personal Data. You are advised hereby that security measures are identical to those used by the Responsible Party to preserve its own information and all such information is confidential given the nature of the services provided by the Responsible Party..

For any inquiries regarding the protection of your Personal Data and/or Sensitive Personal Data, please contact the person in charge of protecting Personal Data and/or Sensitive Personal Data with the Responsible Party, at:  Calle San Francisco No. 2, Despacho 101, Colonia Del Valle, Zip Code 03100, Mexico City, Mexico, Attention: María Josefina Márquez Fernández, email: ap@berkman-abogados.com.mx, telephone 56.87.04.11.

All communications with said person must have the respective acknowledgment of receipt thereof by email to the email address we have as part of your information, otherwise it shall be considered as not given.

X.- Procedures and means for any changes to the privacy notice.

The Responsible Party may modify this Notice in order to implement any improvements, incorporate new measures contemplated in the Law, its Regulations and other legal provisions. Any modifications to this Notice will be notified through our website at www.berkman-abogados.com.mx, by integrating the updated privacy notice no later than seven (7) business days following the implementation of the new privacy notice.

Owner of the Personal Data and Personal Financial Data and/or Sensitive Personal Data:

 

By: __________________________________

Name:

Date: