Aviso de Privacidad - Uhthoff

PRIVACY

NOTICE


 

In compliance with the Federal Law on the Protection of Personal Data Held by Private Parties, its Regulations and the Privacy Notice Guidelines (hereinafter referred to as the Law), we inform you that Uhthoff, Gómez Vega & Uhthoff, S.C. (UHTHOFF), located at Av. Paseo de la Reforma 509, 22nd floor, C.P. 06500, Col. Cuauhtémoc, Mexico City, and website http://en.uhthoff.com.mx/, is responsible for the use and protection of your personal data, which will be used for identification, operation, administration, and other purposes that are necessary for the provision of legal services or for providing services to us.

 

The privacy policies adopted by UHTHOFF, aim to enable you to make informed decisions regarding the treatment of your personal data. Furthermore, we are aware that Article 16 of the Political Constitution of the United Mexican States recognizes that every person has the right to the protection of their personal data, access, rectification, cancellation, and opposition to them, as established by law.

 

For what purposes will we use your personal data?

 

The personal data collected by UHTHOFF, will be used for the following purposes, which are necessary for the fulfillment of our administrative and/or operational processes and apply to anyone who decides to hire our legal services, apply for a job offer, provide us with a product or service, or learn about the professional and academic activities in which UHTHOFF participates, either through the receipt of printed or electronic newsletters or through social media monitoring:

 

I.               To control access and maintain the security of our facilities.

II.              To inform applicants about the legal services we provide, including their modalities and fees.

III.            To respond to inquiries and/or requests for information about specific services provided.

IV.           To facilitate the hiring of the legal services we offer.

V.             To carry out the provision of legal services requested by our clients, whether in Mexico or abroad.

VI.           To invoice the services provided, as well as their judicial or extrajudicial collection.

VII.          To manage, control, administer, and update our client database.

VIII.        To register and pay debts to suppliers.

IX.           To comply with tax obligations related to suppliers.

X.             To manage, control, administer, and update our supplier database.

XI.           To establish contact with you and consider you for a recruitment and selection process.

XII.          To verify personal and/or employment references.

XIII.        For statistics and historical records of candidates.

XIV.        To manage requests for inclusion in the “Pro Bono” program.

XV.         To manage followers on social media.

XVI.        To manage newsletter subscribers.

 

In addition, we will use your personal information for the following purposes that are not necessary for our administrative and/or operational processes but allow us to provide you with better service:

  • Send you our newsletter.
  • Request your collaboration in participating in surveys about our services, accreditations, and promotional topics for UHTHOFF.

 

If you do not want your personal data to be processed for these additional purposes, you can communicate this by sending an email to our Personal Data Department at the following address: j.uhthoff@uhthoff.com.mx. Refusing to use your personal data for these purposes will not be a determining factor for us to deny the services you contract with UHTHOFF, and, in accordance with the Law, you will have a period of five business days to express your refusal.

 

What personal data will we use for these purposes?

 

To carry out the purposes described in this privacy notice, UHTHOFF, acting as the responsible legal entity, will use the following personal data: identification data, contact information, employment data, financial or asset data, and academic data.

 

Processing of sensitive personal data

 

With regard to the processing of sensitive personal data, the guidelines for the processing thereof by UHTHOFF are established below, which will be used solely and exclusively to justify the absences of workers, collaborators, administrative staff and associates of the company; that is, at no time will UHTHOFF collect sensitive personal data from its clients, much less will there be any processing of this, so if this type of data is received from our clients, it will be immediately canceled and our clients are requested not to provide this type of data.

 

The processing of sensitive personal data of the company’s workers, collaborators, administrators and associates will be carried out in accordance with current regulations on the protection of personal data.

 

For the purposes of the above, sensitive medical personal data will be considered to be those related to the physical or mental health of workers, including information on medical diagnoses, treatments, medications and any other data that reveals the person’s health status.

 

Sensitive personal medical data will be processed exclusively for the purpose of justifying the absences of the company’s collaborators, administrative workers and associates, guaranteeing respect for their privacy and confidentiality.

 

Before collecting any sensitive personal medical data, the informed and express consent of the company’s collaborators, administrative workers and associates will be obtained, which must be recorded and stored securely. This consent must include detailed information about the purpose of the processing, the types of data to be collected and the rights of the data subject.

 

Said express consent will be obtained at the moment in which each of the collaborators, administrative workers and associates of the company open their personal account on the platform called KIOSKO, where they can enter this type of data.

 

Sensitive medical personal data will be collected securely and stored in protected systems with appropriate security measures to prevent unauthorized access, loss, alteration or improper disclosure.

 

Access to sensitive personal medical data will be restricted only to authorized personnel who require such information to justify the absences of the company’s workers, collaborators, administrative staff and associates, these being the Human Resources Department and the immediate boss of the collaborating workers, administrators and associates of the company. Access protocols will be established and periodic audits will be carried out to ensure compliance with this restriction.

 

Sensitive medical personal data will be retained only for as long as necessary to fulfill the purpose for which it was collected. Once this purpose has been fulfilled, the data will be securely deleted.

 

The company’s workers, collaborators, administrators and associates will be informed in a clear and transparent manner about the way in which their sensitive personal medical data will be treated within the KIOSKO, from the moment they create their account and access it; a privacy notice and the option for users to consent or not to the processing of sensitive personal data will be displayed. Furthermore, the rights of access, rectification, cancellation and opposition of the data owner will be respected and guaranteed.

 

Staff in charge of processing sensitive personal medical data will receive ongoing training on best practices regarding data protection and confidentiality. This policy will be reviewed periodically to ensure its validity and effectiveness, making the necessary updates in accordance with regulations and internal changes, so the company undertakes to comply with current legislation regarding the protection of personal data and to guarantee the security and confidentiality of the medical information of its workers.

 

In addition to the above, the company has implemented an internal database as of October 19, 2023, called KIOSKO, and which will be used only by the company’s workers, collaborators, administrators, associates and partners, so that they can have access to the personal data that UHTHOFF has.

 

The firm’s partners will have access to the information entered into this platform, but their personal data and sensitive personal data will not be entered into it.

 

This platform has the sole purpose of safeguarding the information, so that the workers, collaborators, administrators and associates of the company are aware of the data that is kept in the custody of the company and can access, rectify, oppose or cancel them; the workers, collaborators, administrators and associates of the company may insert into this platform sensitive personal data linked to blood type, illnesses, diseases, allergies, surgeries, chronic illnesses and vaccines if they wish, for which they must previously express their consent for the treatment of their sensitive personal data.

 

How and when is personal data and sensitive personal data deleted on the platform called KIOSKO? Who can modify them and how?

 

When the company’s workers, collaborators, administrators and associates enter the KIOSKO internal platform, they will be able to add and/or rectify their personal data, such as name, sex, marital status, date of birth, telephone number. and personal email, social security number, CURP, RFC, address, emergency contacts, educational level, payroll account number, as well as sensitive personal data that they have shared, such as blood type, illnesses, diseases, allergies, surgeries, chronic illnesses and vaccines if desired.

 

These actions of adding and/or rectifying personal data and sensitive personal data may be carried out solely and exclusively by the owner of the data; that is, at no time will UHTHOFF be able to add and rectify them.

 

In the event that data is rectified, at the time the new information is entered, the previous information will be automatically deleted from the platform and any backup means that may exist.

 

Regarding sensitive personal data, the owner may revoke his or her consent for the processing of such data at any time and when requesting it directly on the platform, the data will be automatically deleted from it and from any other means of protection that exist, without any option to recover them.

 

In the event that the employment relationship is terminated between UHTHOFF and the workers, collaborators, administrative and/or associates, the information regarding personal data and/or sensitive personal data that UHTHOFF has and that is uploaded within the KIOSKO platform, will be eliminated when they are no longer necessary and/or in a period of no more than 10 years from the date of termination of the employment relationship, for accounting and tax reasons. The cancellation will be carried out at the end of said period by UHTHOFF, unless the owner of the personal data and sensitive personal data exercises their right to CANCELLATION, with an earlier date.

 

With whom will we share your personal information and for what purposes?

 

UHTHOFF shares your personal data with the following individuals, companies, organizations, and authorities other than ourselves, for the following purposes:

 

Recipient of Personal Data

 

Purpose

Collection agencies.

 

For the recovery of unpaid credits and their judicial or extrajudicial collection.

Mexican or foreign companies dedicated to the provision of legal or accounting/tax services.

 

To support compliance with legal provisions arising from the relationship that UHTHOFF maintains with the data subject.

External auditors.

 

To comply with current legal provisions.

Banking institutions.

 

To carry out necessary payment transactions.

Authorities to which UHTHOFF must report by virtue of the law.

 

To comply with the corresponding regulations.

Companies dedicated to conducting surveys on the quality of services provided by UHTHOFF.

 

To gather opinions from our clients that allow us to improve the provision of our services and participate in comparative rating listings published in print and electronic media.

 

How can you access, rectify, or cancel your personal data, or oppose its use?

 

You have the right to know what personal data we have about you, how we use it and the conditions under which we use it (Access). Additionally, you have the right to request the correction of your personal information if it is outdated, inaccurate, or incomplete (Rectification); to have it deleted from our records or databases if you believe it is not being used in accordance with the principles, rights, and obligations established by the law (Cancellation); and to object to the use of your personal data for specific purposes (Objection). These rights are known as ARCO rights.

 

Any data subject or, if applicable, their legal representative may exercise their ARCO rights, and UHTHOFF will provide the means to facilitate the timely exercise of these rights. Requests to exercise ARCO rights may be submitted in writing to our Personal Data Department at the following address: j.uhthoff@uhthoff.com.mx

 

The written request to exercise ARCO rights must contain and include the following:

 

1.              The name of the data subject and an email address to communicate the response to the request.

2.              Documents proving the identity (voter ID card or valid passport, professional ID card, national military service card, or resident card for foreigners), or in the case of a legal representative, documentation supporting their representation.

3.              A clear and precise description of the personal data for which any of the aforementioned rights are being exercised.

4.              Any other element or document that facilitates the location of the personal data.

5.              In the case of rectification requests, the data subject should indicate the modifications to be made and provide the supporting documentation for their request.

 

UHTHOFF will notify the data subject of the determination adopted within twenty business days counted from the date the access, rectification, cancellation, or objection request was received, in order for it to be implemented within fifteen days following the communication of the response, if deemed appropriate. In the case of access requests, the delivery will be made after verifying the identity of the requester or their legal representative, as applicable. The aforementioned timeframes may be extended once for an equal period, provided that the circumstances of the case justify it.

The response will be provided electronically to the email address specified in the request.

 

The obligation to provide access to the information will be considered fulfilled when the personal data is made available to the data subject, or through the issuance of simple copies, electronic documents, or any other means provided by UHTHOFF to the data subject.

 

If the data subject requests access to the data and UHTHOFF is not responsible for it, it will be sufficient to inform the data subject through any printed (non-procedural letter) or electronic means (email, optical media, etc.) to consider the request fulfilled.

 

UHTHOFF may deny access to personal data, rectification, cancellation, or objection to the processing of such data in the following cases:

 

1.     When the requester is not the data subject, and the legal representative is not properly accredited.

2.     When the personal data of the requester cannot be found in its database.

3.     When the rights of a third party would be violated.

4.     When there is a legal impediment or a resolution by a competent authority that restricts access to the personal data or does not allow its rectification, cancellation, or objection.

5.      When the rectification, cancellation, or objection has already been carried out.

 

UHTHOFF will limit the use of personal data and sensitive personal data at the express request of the data subject and will not be obliged to cancel personal data when:

 

i)

Refer to the parts of a private or administrative contract and are necessary for its development and compliance;

ii)

Relate to agreements and contracts of a public nature;

iii)

Must be processed according to legal provisions;

iv)

Hinder judicial or administrative actions related to tax obligations, the investigation or prosecution of crimes, or the enforcement of administrative sanctions;

v)

Are necessary to protect legally protected interests of the data subject;

vi)

Are necessary to carry out an action or in the public interest;

vii)

Are necessary to fulfill a legally acquired obligation by the data subject, or

viii)

Are subject to processing for the prevention or medical diagnosis or the management of health services, provided that such processing is carried out by a healthcare professional subject to a duty of confidentiality.

 

Department of Personal Data

 

The aforementioned department will provide you with the necessary assistance for the exercise of your ARCO rights and/or revocation of consent and/or limitation/disclosure of your personal data. Furthermore, it will ensure the protection of your personal data within the firm.

 

Address: Av. Paseo de la Reforma 509, 22nd floor, Postal Code 06500, Col. Cuauhtémoc. Mexico City.

Email: j.uhthoff@uhthoff.com.mx

Office hours: 08:00 to 13:00 hours from Monday to Friday.

 

 

 

How can you revoke your consent for the use of your personal data?

 

You can revoke the consent you have granted us, if applicable, for the processing of your personal data. However, please note that we may not be able to immediately fulfill your request or cease the use in all cases, as we may be legally obligated to continue processing your personal data. Additionally, you should consider that, for certain purposes, revoking your consent may result in us being unable to continue providing the service you have requested or terminate your relationship with us.

 

The revocation of consent can be requested in writing to our Department of Personal Data at the following address: j.uhthoff@uhthoff.com.mx

 

The revocation of consent can be made at any time without retroactive effects. To initiate the revocation process, you must clearly indicate the consent you wish to revoke by sending an email to the aforementioned address. The email should also contain and be accompanied by the following:

 

1.     The name of the data subject and email address to communicate the response to your request.

2.     Documents that prove your identity (voter ID card or valid passport or professional ID or current national military service card or resident card in the case of foreigners), or in the case of legal representation, documents proving such representation.

 

UHTHOFF will notify the data subject within twenty business days from the date the revocation request is received, the decision taken so that, if applicable, it can be implemented within fifteen days from the date the response is communicated. The response will be sent electronically to the specified email address in the request.

 

The aforementioned deadlines may be extended once for an equal period, provided that the circumstances justify it.

 

How can you limit the use or disclosure of your personal information?

 

In order for you to limit the use and disclosure of your personal information, we offer the following means:

 

1.     Registration in the Public Registry to Avoid Advertising, which is managed by the Federal Consumer Protection Agency (PROFECO), with the purpose of preventing your personal data from being used for receiving advertising or promotions from goods or services companies. For more information about this registry, you can visit PROFECO’s website at the following link: “http://repep.profeco.gob.mx/index.jsp” or contact them directly.

2.     Registration in UHTHOFF’s exclusion list, in order to prevent your personal data from being used for marketing, advertising, or commercial prospecting purposes by us. For more information, please contact our Department of Personal Data at the following address: j.uhthoff@uhthoff.com.mx

 

The use of tracking technologies on our website.

 

Our website ‘http://es.uhthoff.com.mx/‘ stores cookies on your device to remember your preferences and analyze your usage. By continuing to browse, it will be understood that you give your consent for the placement and use of such cookies. However, you can modify and delete your preferences at any time. If you want more information on how to disable cookies in your browser, please visit http://www.allaboutcookies.org/es/administrar-las-cookies/

 

How can you be informed of changes to this privacy notice?

 

This privacy notice may undergo modifications, changes, or updates due to new legal requirements, our own needs related to the products or services we offer, our privacy practices, changes in our business model, or other reasons.

 

UHTHOFF will notify any changes to the privacy notice through its main website http://es.uhthoff.com.mx/, requesting you to subsequently access the link http://es.uhthoff.com.mx/privacy/.

 

If you believe that your right to the protection of your personal data has been violated due to any action or omission on our part, or if you suspect a violation of the provisions established in the Federal Law on Protection of Personal Data Held by Private Parties, its Regulation, and other applicable regulations, you may file a complaint or report your concerns to the National Institute for Transparency, Access to Information, and Personal Data Protection (INAI). For more information, we suggest you visit their official website at www.inai.org.mx.

 

Last updated: January 2024.