1.- IDENTITY AND ADDRESS OF “THE RESPONSIBLE” PARTY

Francisco Javier Mazoy Cámara, Attorney and “Federal Notary Public No. 2” at Baja California Sur, Correduría Pública y Servicios, S.C. and Lex Advisors, S.C., (jointly referred as “The Responsible”) which are entities and an individual dedicated to provide legal services under the Mexican Laws,  with address at Paseo Finisterra No. 136, Suites 2, 6 and 10, San José del Cabo, Baja California Sur, México.

 

2.- INFORMATION

“The Responsible” gathers certain personal data provided by its clients, suppliers, service providers, commercial partners and employees, related to the legal and/or broker and notary services or any third related party with these services, which may have authorized access to the products and/or services provided by The  Responsible. For purposes of documenting our relationship with each one of them, by visiting our websites or requesting information (whether verbally or written) they provide us willingly and freely, information that is included in contracts, letters, forms, databases and/or other means applicable for us to keep appropriate record of our relationships and to meet legal requirements, when so mandated.

 

 

Among such personal data, including, but not limited to sensitive personal data, the following is included:

 

INDIVIDUALS

• Complete Name (paternal surname, maternal surname and name (s))

• Private address (street, exterior number, interior number, if applicable, ZIP code, delegation or municipality, city or population and Federative Entity)

• Nationality

• Date and place of birth

• Marital status

• Profession or current occupation

• Activity of the business

• Telephone number

• Email address

• Unique Key of the Record of Population (CURP)

• Contributors' Federal Record (RFC)

• Personal reference information

• Educational information

• Union membership information

• Current health and medical information (it is mentioned though not collected by “The  Responsible” party)

• Training information

• Safety and environmental testing information

• Income information

• Gender

• Bank account information and salary

• Tax ID number

 

 

ENTITIES

• Name or trade name

• Mercantile activity or corporate purpose

• Contributors' Federal Record (RFC)

• Address (street, exterior number, interior number, if applicable, ZIP code, delegation or municipality, city or population and Federative Entity)

• Date of Incorporation

• Nationality

• Telephone number

• E-mail and link to their website, if applicable

• Name, nationality, and information of the person whose signature could force the moral person to enter into the operation, which may be the administrator or administrators, the director, manager, legal representative or attorney-in-fact.

 

Personal Data is gathered in compliance with what is established in applicable law, as well as in compliance with the clauses of the contracts and legal documents entered into with the parties that provide said data voluntarily, also provided by suppliers or any third party related with The  Responsible, which are self-responsible for the protection of personal data that each of them collects in accordance with their own privacy policies.

 

 

 

 

3. - CONFIDENTIALITY AND HANDLING OF PERSONAL DATA

Confidentiality: The Personal Data, including the Sensitive Data referred to by the Federal Law for the Protection of Personal Data held by Private Parties, which are provided to us by our employees and third parties with consent, whether physically, electronically or by any other means, are handled and stored in a confidential manner.

 

 

Also, “The Responsible” shall constantly make is best efforts through technological means and internal protection procedures, to maintain the safety of the Personal Data that is provided to The Responsible to avoid the unauthorized access to such.

 

 

Handling: The Personal Data that is provided to “The Responsible” is used to meet legal requirements, to keep appropriate record of clients, personnel and providers of supplies and services, and to coordinate all services provided by and to The  Responsible, including emergencies.

 

 

“The  Responsible” performs the classification, debugging and / or destruction of the documentation and/or information related to Personal Data, in a reasonable manner in terms of the Law, notwithstanding the foregoing, and considering the vulnerable activity that “The  Responsible” performs in certain aspects, Personal data (documentation and/or information) must be maintained and safeguarded for a minimum period of 10 years in accordance with the provisions established in the Law for

the Prevention and Identification of Transactions involving Resources of Illicit Origin, and thereafter all such Personal Data shall be destroyed by “The Responsible” and not used or released.

 

When personal data is provided, it should be provided in a precise, complete and updated manner at the time that the gathering occurs, regardless of the fact that The  Responsible may further verify the accuracy of said personal data and that the provider of the personal data  may exercise the right to rectify such Data, as provided chapter 5.- below “Means for the exercise of rights of the Owner of Personal Data” section, in case they detect or identify that the Data that was provided to The  Responsible is inaccurate, incomplete, or not updated.

 

 

 

“The Responsible” is not required to have the previous consent of the Owner of the Personal Data for its handling, in the following cases: (i) the data is in public access sources; (ii) the personal data has been submitted previously to a dissociation procedure; (iii) for the fulfillment of the obligations that, in its case The  Responsible has acquired with the Owner of the Personal Data as a result of a contract entered into with it; (iv) there is an emergency situation that may potentially harm an individual or property; (v) it is indispensable for medical attention, prevention, diagnostic, lending of sanitary aid, as long as the owner is in no condition of granting consent in terms of what is established in the General Health Law and other applicable legal instruments and that said handling of data is made by an individual subject to professional secrecy or an equivalent obligation; (vi) by resolution of the competent authority.

 

 

“The Responsible” may transfer the Personal Data, including sensitive personal data throughout its related entities, for administrative purposes. Appropriate use will be made, and special care will be taken when such Personal Data is transmitted or used by a related entity and be treated under the principles of legality, consent information, quality, purpose, loyalty and responsibility in accordance with the Law.

 

 

It is emphasized that “The Responsible’s” technology service providers are self-responsible to carry out technology reviews, from time to time, to the data bases, for their protection, such as, debugging them, as well as implementing the necessary technological protection measures to avoid adulteration, loss, consultation, use or unauthorized access of the Personal Data either physically or by any electronic means as the Informatics Industry demands.

 

 

4.- LIMITATIONS OF USE AND DIVULGING OF DATA

The Personal Data that is provided to us through legal or legitimate means is handled in an appropriate and confidential manner. Regardless of the foregoing, the Personal Data will be employed and divulged for and with the purpose of fulfilling the objectives established in the “Handling” section of paragraph 3 of this Notice.

 

Personal Data will be transferrable to third parties to (a) fulfill existing legal obligations; (b) comply with a legal or judicial ruling; and (c) as long as it is necessary for the transaction requested by “The Responsible”. In case of transfer of the Personal Data, this will occur through means and legal instruments that provide a secure protection level and security measures for said data.

 

 

“The Responsible” will adopt necessary and reasonable measures to cancel the identification of the Personal Data that is provided to it, when these are no longer necessary for the purposes referred to in this Notice and/or when there is no legal obligation for The Responsible to keep them.

 

 

Use of Cookies: The Rules defines cookies as the data file that is stored on the hard-drive of the computer equipment or electronic communications device of The Owner when browsing on a website of “The Responsible”, which allows the exchange of status information between said site and the browser of The Owner, such information may reveal means of session identification, authentication or preferences of The Owner, as well as any data stored by the browser regarding “The  Responsible´s” website;

 

 

“The  Responsible” will use cookies related to legal services, when browsing the website of the same, The Owners may: a) choose to delete all or some of the cookies from your device through your browsing settings; b) choose to prevent the installation of cookies on your device by means of your browser settings; c) enable or disable the cookies we use directly on our website https://www.lexadvisorsmx.com

 

 

 

5. - MEANS TO EXERCISE RIGHTS OF THE OWNER OF THE PERSONAL DATA

 

The owner of the personal information may request to “The Responsible” party of The Responsible at any time to access, rectify, cancel or correct Personal Data (ARCO DATA - Access, Rectification, Cancellation or Opposition Data Personal). For such end, the owner of the Personal Data shall direct a written request to “The Responsible” Party, which shall contain the following information:

 

 

1. Name of the owner and address or other means to communicate the answer of its request.

2. The documents that evidence the identity, or, if applicable, the legal representation of the owner

3. The clear and precise description of the Personal Data regarding those on whom the exercise of rights is intended.

4. Any other element or document that may facilitate the location of the Personal Data, as well as any other document required by the current laws at the time of the filing of the request.

 

 

The Owner of the Personal Data has the right to request to “The Responsible” party by via e-mail the changes or modifications that they require at marisayee@lexadvisors.com.mx or by mail or other written notice to the following address Paseo Finisterra No. 136, Suites 2, 6 and 10, San José del Cabo, Baja California Sur, México., Attention: María Isabel Yee Savin.

 

6.- REVOCATION

The Owner of the Personal Data may revoke and/or cancel the current consent for the handling of his Personal Data at any time, including receiving emails from The Responsible, by submitting a request via email to marisayee@lexadvisors.com.mx or by mail or other written notice to Marisa Yee, Paseo Finisterra No. 136, Suites 2, 6 and 10, San José del Cabo, Baja California Sur, México., Attention: María Isabel Yee Savin.

 

 

Such communication shall comply with the applicable request requirements mentioned in the previous section.

 

7.- MODIFICATIONS TO THE PRIVACY NOTICE

The Responsible reserves the right to prospectively modify this privacy notice, in which case it will communicate such through notice placed in a visible location in The  Responsible’s facilities at its address mentioned above, through written notice to employees or others, and prior written notice to and prior written consent of the undersigned.

 

 

8.- INTERNATIONAL TRANSFER OF PERSONAL DATA

In the event that “The  Responsible” transfers internationally personal data of The Owner, it will have the due diligence to transfer them recognizing and having the database of who is the recipient / third party or recipient of the personal data, either identifying each of them by name, denomination or business name; or, indicating its type, category or sector of activity, and the purposes that justify the transfers of personal data and its relationship with “The  Responsible”.

 

 

The Owner gives his consent to the transfer for the international transfer of personal data collected by “The Responsible”.

 

 

9.- ENFORCEMENT OF THE EUROPEAN UNION GENERAL DATA PROTECTION REGULATION (GDPR)

“The  Responsible” makes its best efforts regarding the use of Personal Data; as it get them, how they are protected; and the term does it keep them, in respect of individuals or entities who are part of the European Economic Community, where applicable, Article  3 subsection V of The Law and articles 4, 5, Third Section   of its Regulations, as well as Article 3.2 and other applicable provisions of the GDPR and other law as well as the Convention for the Protection of Persons with respect to the Automated Processing of Personal Data and its Additional Protocol concerning Control Authorities and Cross-Border Data Flows published on 12 June 2018.

 

Article 3 of that law states:

1. the territorial application of the law when the responsible is or is not part of the EC.

2. the application of the Law is with respect to the processing of personal data of subjects residing in the Union by a responsible not established in the EC, if the activities between them are related to the offer of goods or services to those data subjects in the EC, regardless of whether they are required to pay for them or monitoring by the EC authorities with regard to the behavior of the responsible.  

 

 

This regulation applies to the processing of personal data by a controller who is not established in the EC but in a place where the law of the Member States is applicable under public international law.

 

 

10.- IMPACT OF THE LAWS OF THE UNITED STATES OF AMERICA REGARDING THE PROTECTION OF PERSONAL DATA HELD BY THIRD PARTIES IN MEXICO

Due to the no existence of a federal law regarding the protection of personal data held by third parties in the United States of America; “The Responsible” makes available this Privacy Notice which contains the general requirements established by the authorities of that country in matters of personal data protection, The following are mentioned:

 

 

1. Publicity of this privacy notice in written form, web site, electronic media, contracts, documents with whom “The Responsible” has a relationship with data Owners resident or domiciled in the United States of America;

2. “The Responsible” has the Privacy Notice Guidelines;

3. It is carried out the procedures to access, cancellation, rectification and opposition of the personal data information with whom “The Responsible” has a relationship;

4. “The Responsible” set up the “policy of use and restriction of cookies”;

5. it is carried out the efforts to improve security processes for the protection of personal data;

6. No personal information is collected from minors by “The Responsible”.

 

11.- CONSULTATIONS

For any doubts, comments or consultations regarding this Notice, you may file an inquiry to the following address: Paseo Finisterra No. 136, Suites 2, 6 y 10, San José del Cabo, Baja California Sur, México, Attention: María Isabel Yee Savin.

 

1. Any complaints or information regarding the processing of your personal data or questions regarding the Federal Law on Protection of Personal Data Held by Private or its Regulations, may be conducted at IFAI. For more information visit www.ifai.org.mx. and/or IFAI PRODATOS.

2. Governing Law: The interpretation and application of this Privacy Notice is governed by the Federal Law on Protection of Personal Data in Possession of Individuals, the Federal Civil Code and other laws and regulations and administrative provisions that are applicable.

 

Consent: The Owner of Persona Data, expressly have read the content of this Privacy Notice and have no opposition to it.

 

 

This Notice was posted on July 4, 2013

First Amendment: May 5, 2014

Second Amendment: February 23, 2015

Third Amendment: August 17, 2018

Fourth Amendment November 21, 2019

Fifth Amendment: April 27, 2021

Sixth Amendment: April 22, 2022

Seventh Amendment: June 26,2023

Eighth Amendment: June 28, 2024

Consent: The Owner of Persona Data, expressly have read the content of this Privacy Notice and have no opposition to it.