Privacy Policy

I. GENERAL INFORMATION

II. PURPOSE OF PROCESSING YOUR PERSONAL DATA

III. PERSONAL DATA REQUESTED

IV. ON SOCIAL NETWORKS

V. PROTECTION OF PERSONAL DATA

VI. TRANSFER OF DATA

VII. CHANGES OR MODIFICATIONS TO THE NOTICE

VIII. MEANS AND PROCEDURE FOR EXERCISING RIGHTS IN THE FORM AND/OR REVOCATION OF CONSENT TO THE PROCESSING OF PERSONAL DATA:

IX. DATA PROCESSING WITHOUT CONSENT

X. OPTIONS AND MEANS TO LIMIT THE USE OR DISCLOSURE OF YOUR PERSONAL DATA

XI. USE OF COOKIES

XII. MEANS OF COMMUNICATING CHANGES TO THE PRIVACY POLICY

I. GENERAL INFORMATION

In compliance with the provisions of the Federal Law on the Protection of Personal Data in Possession of Individuals (hereinafter referred to as the "Law"), the Regulations of the Federal Law on the Protection of Personal Data in Possession of Individuals (hereinafter referred to as the "Regulations") and the Privacy Policy Guidelines published in the Official Journal of the Federation on January 17, 2013 (hereinafter referred to as the "Guidelines") and other applicable provisions, Ecart Pay wishes to make the User aware of the domains or websites www.ecartpay.com (hereinafter referred to as the "User") and for persons who contract the services of Ecart Pay (consequently referred to as "Customers"), your Privacy Policy regarding the processing and protection of the personal data of those persons who voluntarily communicate, in a more non-exhaustive way, via email, telephone or any other electronic means, oral or written with Ecart Pay, fill out forms that collect personal data or that enter and/or the website mentioned here, if this involves the communication of your personal data.

Ecart Pay S.A.P.I. de C.V. indicates as address the one located in BELISARIO DOMINGUEZ 2470, BISHOPRIC, MONTERREY, NUEVO LEÓN, C.P. 64060 TELEPHONE:  (+52) 81 2085 8093.

According to article 3 (three) of the Federal Law on the Protection of Personal Data in the Possession of Individuals, the following definitions shall apply:

1. Privacy Policy: Physical document, electronic or in any other format generated by the controller that is made available to the holder, prior to the processing of your personal data, in accordance with article 15 (fifteen) of this law.

2. Databases: The ordered set of personal data concerning an identified or identifiable person.

3. Blocking: The identification and retention of personal data once the purpose for which they were collected has been fulfilled, with the sole purpose of determining possible responsibilities in relation to their processing, until the legal or contractual limitation period of these. During this period, personal data may not be processed and after this, they will be deleted in the corresponding database.

4. Consent: Expression of the will of the data subject by which the data will be processed.

5. Personal data: Any information concerning an identified or identifiable natural person.

6. Sensitive personal data: Personal data that affect the most intimate area of its owner, or whose improper use may lead to discrimination or lead to a serious risk for it. In particular, those that may reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, trade union membership, political opinions, sexual preference are considered sensitive.

7. Days: Working days.

8. Dissociation: The procedure by which the personal data cannot be associated with the holder or allow, due to its structure, content or degree of disaggregation, the identification of the latter.

9. Data controller: a natural or legal person who alone or in conjunction with others processes personal data on behalf of the controller.

10. Source of public access: Those databases whose consultation can be made by any person, without any requirement other than, where applicable, the payment of a consideration, in accordance with the provisions of the regulations of this law.

11. Institute: Federal Institute for Access to Information and Data Protection, referred to in the Federal Act on Transparency and Access to Government Public Information.

12. Act: Federal Act on the Protection of Personal Data in the Possession of Individuals.

13. Regulations: The regulations of the Federal Act on the Protection of Personal Data in the Possession of Individuals.

14. Controller: private natural or legal person who decides on the processing of personal data.

15. Secretariat: Ministry of Economy.

16. Third: The natural or legal person, national or foreign, other than the data subject or data controller.

17. Holder: The natural person or person who corresponds the personal data.

18. Processing: The collection, use, disclosure or storage of personal data by any means. The use covers any action of access, handling, use, transfer or disposition of personal data.

19. Transfer: Any communication of data to a person other than the controller or processor.
For all purposes related to this Privacy Policy, Ecart Pay makes this Privacy Policy available to the User, under the following terms:
II. PURPOSE OF PROCESSING YOUR PERSONAL DATA. -
The personal information provided by the User will be used only for:
• Internal customer administration activities.
• To form the client’s file.
• For identification purposes for the service provided and
• To be used as the source and/or destination address for the parcel services contracted through the Ecart Pay website. These data are essential for internal control and for the provision of services.
• Provide the requested services.
• Communicate with you about changes in them.
• Address complaints, suggestions and requests arising from contracted services.
• Check for coverage at home.
• Billing and collection of contracted services.
• Evaluate the quality of the service we provide, in order to fulfill the obligations we have assumed with you.
• Contact you and your contacts and/or references to follow up on any issues related to the services or to these purposes.


Your personal data may also be used for the following secondary activities:

• For marketing purposes.
• Advertising purposes; and/or
• Commercial prospecting, the above for the purpose of offering you various services provided by third parties
• Notify you about new services or products that are related to those already contracted or purchased.
• Conduct studies on consumer and market habits.

If you do not agree with the secondary purposes, you may express your refusal by following the mechanism provided in paragraph "VII" of this Notice. It should be noted that, in case of updating the above-mentioned scenario, Ecart Pay will not be able to provide the services it provides in a correct way and will not be responsible for such situation.

III. PERSONAL DATA REQUESTED. –


For the purposes of this Privacy Policy, personal data means any information that is collected concerning identified or identifiable natural or legal persons; and by User, to any identified or identifiable natural or legal person who communicates your personal data through the website mentioned here that in a more non-exhaustive way could be through:

• E-mail address.
• Filling out forms collecting personal data on the website.
• Personally when going to the company.
• Creating User Account on the Ecart Pay website; and
• In general the use of any present service of the website that involve the communication of your personal data.

The personal data that Ecart Pay will collect from the User and your Customers are:

• Name and surname of sender.
• Full address of sender.
• E-mail of the sender.
• Name of the Addressee.
• Addressee’s full address.
• E-mail of recipient.
• Tax data of the contractor.


IV. ON SOCIAL NETWORKS. –


Ecart Pay makes the knowledge of the User that is present in social networks, such as Facebook, Instagram, Twitter, without limiting. The processing of the User’s data that become followers of the official pages of Ecart Pay will be governed by the conditions provided in the terms and conditions of the corresponding social network by virtue of which any data that the social network requires is collected is the responsibility of Ecart Pay and not of Ecart Pay, therefore access to the privacy policy and conditions of use of the aforementioned pages or, where applicable, of the social network itself is recommended, in order to know the information derived from the processing of personal data and especially the conditions and purposes to which the data forming part of the User’s profile will be destined.

VI. DATA TRANSFER. -

Ecart Pay may not transfer the personal information collected, except when: a) it is requested by governmental agencies, b) it is requested by banking or credit institutions, for the realization of payments and transfers, and c) when required to perform the contracted services or unless you have given your explicit consent. For example, if you request the purchase of services and/or products by third parties through the Ecart Pay website where it is necessary to transfer personal data, in which case the User and/or Customer must consult directly with the third party their privacy policy.


VII. CHANGES OR MODIFICATIONS TO THE NOTICE. –


Ecart Pay reserves the right to modify this Notice to the extent that you are aware that any changes or modifications to this Notice’s content will be posted, generally on the www website. Ecart Pay and/or by sending an email to the holders of the personal data.

VIII. MEANS AND PROCEDURE FOR EXERCISING RIGHTS IN THE FORM AND/OR REVOCATION OF CONSENT TO THE PROCESSING OF PERSONAL DATA. -


In accordance with the provisions of the Law in its article 6 (sixth), the User may access, rectify and cancel your personal data, as well as oppose the disclosure of them through the procedures that Ecart Pay has implemented through its Support Area. The User and/or Client may request the format to access, rectify, cancel and oppose the disclosure thereof. You will also have a period of 5 days to express your refusal to process your personal data for secondary activities.

For more information on how to exercise your Rights of Access, Rectification, Cancellation and Opposition (ARCO Rights), oppose the disclosure of your data, revoke your consent or express a refusal to the processing thereof, should contact by sending an email to support@ecartpay.com. In the above cases the following shall be indicated in accordance with article 29 (Twenty-nine) of the Act in question:

The name of the holder and address or other means of communicating the response to his request;

• Documents certifying the identity or, where applicable, the legal representation of the holder.
• a clear and precise description of the personal data in respect of which any of the above-mentioned rights is sought and
• Any other element or document that facilitates the location of personal data.


To do this, you must prove your personality with which you support the ownership of which you must also present the official identification in digital (legible).
If the information provided on the form is incorrect or insufficient, or if the relevant accreditation documents are not accompanied. Ecart Pay, within 10 (ten) working days of receipt of the request, may require you to provide the necessary elements or documents to process the request. You will have 10 (ten) skillful duets to meet the requirement, counted from the next day you received it. If no reply is received within that period, the request shall be deemed not to have been submitted.


Ecart Pay will inform you of the decision taken within a maximum of 20 (twenty) working days from the date on which the request was received, so that, if appropriate, it will give effect to the request within 15 (fifteen) working days after the reply is communicated. The reply shall be sent electronically to the e-mail address specified on the form.


IX. DATA PROCESSING WITHOUT CONSENT. –


Consent shall not be required for the processing of personal data in accordance with article 10 (10) of the Act, in the following cases:

• Provided for in a law.
• Data are available from publicly available sources.
• Personal data are subject to a prior dissociation procedure.
• Intends to fulfil obligations arising from a legal relationship between the holder and the controller.
• There is an emergency situation that could potentially harm an individual on their person or on your property.
• Are essential for medical care, prevention, diagnosis, the provision of health care, medical treatment or the management of health services, as long as the holder is not in a position to give consent, under the terms of the general health law and other applicable legal provisions and such processing of data is carried out by a person subject to professional secrecy or equivalent obligation or,
• Competent authority decision issued.



X. OPTIONS AND MEANS TO LIMIT THE USE OR DISCLOSURE OF YOUR PERSONAL DATA.

You may limit the use or disclosure of your personal data by sending your request to support@ecartpay.com. The requirements to prove your identity, as well as the procedure to comply with your request, will be governed by the same criteria indicated in the previous section. In case your request is appropriate, Ecart Pay will register you in the exclusion list of Ecart Pay in order for you to stop receiving our promotions. Notifications regarding changes in costs or services are not considered in the exclusion lists because it is an obligation of Ecart Pay to the Federal Consumer Attorney’s Office.


XI. USE OF COOKIES. –

Ecart Pay uses several technologies to improve the efficiency of your websites, including their experience when browsing such sites. These technologies include the use of cookies. Cookies are small amounts of information that are stored in the browser used by each user so that the server remembers certain information that can be used later. This information allows you to identify and save your personal preferences to give you a better browsing experience. We remind you that you can disable or adjust the use of cookies by following the procedures of the internet browser you use.

XII. MEANS OF COMMUNICATING CHANGES TO THE PRIVACY POLICY. –

Ecart Pay reserves the right, in its sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time. In this case, Ecart Pay will publish these modifications on the Ecart Pay website where the date of the last version of the notice will be indicated. We recommend that you visit this page periodically in order to find out if any changes occur to this page. 

UPDATED AS OF 12 AUGUST 2021