Aviso de Privacidad

I. Responsible’s Identification and personal data processing notice

 

In accordance to article 17, fraction II of the Federal Law for the Protection of Personal Data in the Possession of Private Parties and article 13 of the Regulation (EU) 2016/679 of the European Parliament and of the Council, we inform you that Cotemar S.A. de C.V., its subsidiaries and/or affiliated companies (hereinafter “Cotemar”), with offices at Paseo de la Reforma 483, Piso 52, Colonia Cuauhtémoc, Ciudad de México, C.P. 06500, is held responsible for the use and protection of all your personal data within the established terms of this Privacy Notice.

 

For the specific case of citizens and/or residents of the European Union, we make of your knowledge that the legitimacy for the processing of your personal data, is the execution of an existing contractual relationship and/or the legitimate interest of Cotemar to initiate a new commercial relationship with you and/or the company you belong or represent, with the treatment provided being the most appropriate because there are no other less harmful means that serve to achieve that objective. On the other hand, we inform you that the data retention period is ten years after the end of the contractual relationship in question, or when it is not possible to reach the contracting of any good or service, for ten years counted from the last management carried out by Cotemar for this purpose. Finally you are informed that your data will not be subject to automated decisions for its management.

 

II. Purposes

 

Processing of personal information will be made for the following purposes:

 

a) Needed to establish a legal bound with the responsible (Primary purposes):

 

I. To evaluate if you are qualified to be assigned to any job or function; to be able to communicate with you about any vacancies offered and to inform our customers and partners about our services.

II. To offer jobs or temporary assignments to you or to be offered to you by some customer.

III. Generate and update our collaborators and employees databases;

IV. To grant you and/or your employees access to Cotemar facilities, its subsidiaries, affiliated companies or clients, where your work activities could be carried out;

V. To conduct any investigation or analysis, for statistical purposes, to establish remuneration schemes or to evaluate the performance and growth of the responsible, subsidiaries, employees and working market.

VI. To fulfill contractual obligations with our clients.

VII. To comply with labor obligations, as well as granting benefits contemplated in the Mexican labor legislation and/or additional ones;

VIII. To generate profiles and working structures that allow the improvement and growth of productivity as well as any other purpose the Responsible considers necessary to improve the working conditions;

IX. For management purposes, to fulfill legal obligations or needs, to resolve or defend against any lawsuit or complaint.

X. To hire you as a provider of Cotemar, its subsidiaries and/or affiliated companies.

 

b) Others

 

Likewise, we may use your Personal Data with the following secondary purposes:

 

To publish the list of employees that could gain a promotion of category and/or have accredited any courses or evaluations; to learn about your favorite hobbies or sports that you practice with the purpose of promoting recreational activities for you and your family; to invite you to participate in Cotemar events and take and publish photographs of them, to receive documents prepared by Human Resources in order to commemorate relevant dates, send birthday greetings, anniversaries, seniority and other recognitions; as well as to update relevant information that could be prepared and included by Cotemar in its organizational communications.

 

II. What information do we collect?

 

Thus, and to accomplish the purposes exposed before, the following personal data will be processed: name, family name, gender, date of birth, age, RFC, Social Security Number, IMSS Clinic, CURP, Photo, date of admission, seniority, mobile number, mobile number contact, family phone number, family number contact, email, life insurance beneficiary, place of birth, county, state, nationality, civil status (if married, place and date of marriage), street and number, neighborhood, postal code, home phone, parents’ names (if applicable children and spouse/husband), height, weight, name and validity of any regulatory documentation, study grade, availability, social-economic data, family data, previous jobs, contacts in case of emergency, signature and fingerprints, copy of birth certificate, copy of recommendation letter, copy of proof of studies, copy of Official ID, copy of ID badge from previous jobs, copy of CURP, copy of Social Security Number, Copy of seaman’s book and any basic safety course certificate or regulatory document, passport number, number and copy of proof of military service, class and number of driver license, hobbies, practiced sports, name and relationship of any person with whom you live, name and relationship of any person who depends economically on you, name, occupation, and age of parents, proof of marriage (original or certified copy), name and age of children and spouse/husband, institution, languages, responsibility, attendance and punctuality, work relationships, job preferences, position, name or corporate name address, period of employment, cause of labor relationship ending and any phone number of the company, company within the person works or worked, salary, incompletions, bans, misses, attendances, extra time, benefits, deductions, immediate superior, actual occupation, monthly income, Facebook username, Twitter username, Linkedin username, salary account number. For life insurance: name(s), family name, relationship, RFC, CURP, phone number and address of all beneficiaries, birth certificate of all beneficiaries (originals and certified copies), national ID Card copy, in case of accidental death, interventions of the public ministry are required, occupation before and after the accident, date and place of the accident, physician’s information (name, address, specialty, professional license number), description of death causes, general information of insurance policy, radiological studies interpretation, medical report; For car insurance: copy of the vehicle’s bill, copy of the vehicle’s registration certificate; the following financial information: bank account numbers, amount of money transfers, number of vehicle’s registration certificate, bank accounts, bank loans, CLABE and account for retirement; health information as: consultations, pregnancy, inabilities to work, actual health condition, blood type, lab studies, family health records, clinical record. If foreign: legal documentation that permits the person to work legally in our country, copy of proof of competency, copy of scholar degree, copy of Mexican Visa or Multiple Migration Form (FMM), and any personal information requested by the National Institute of Migration for any migratory document process, like fingerprints, photo, and signature.

 

In the event that you are not selected as a candidate for the position, service or supply to which you are applying, the Personal Data you provided us and/or generated during the recruitment or selection process, will be kept for a period of 72 months in physical and/or electronic media, and subsequently discarded in order to avoid undue treatment thereof, based on Article 11, second paragraph of the Federal Law for the Protection of Personal Data in the Possession of Private Parties.

 

In these cases, your Personal Data will be placed on an Employee/Supplier Exclusion List, in which only persons authorized by Cotemar will have access to your Personal Data, as well as other companies of the same group such as subsidiaries, affiliates, domiciled in Mexico or abroad.

 

Specifically for any information obtained from citizens or residents of the European Union, we inform you that in the event that you provide us with personal data of third parties, you must inform them, prior to their inclusion, of the contents contained in this document. Privacy Notice, personally answering in front of Cotemar of the damages could be derived.

 

II. Sensitive personal information

 

The Responsible will manage the following sensitive information: civil status, disabilities, type of disability, health condition, medical records, religious, philosophical and moral beliefs, height, weight, medical treatment, injuries or accidents, affiliation to unions, any legal process in which the person is involved, social or sports club.

 

III. Privacy Officer

 

Our Privacy is the person within Cotemar who, in compliance with the provisions of article 30 of the Federal Law on the Protection of Personal Data in Possession of Private Parties, has been designated to perform the following functions:

  1. Respond to requests for the exercise of ARCO Rights made by active and inactive customers, suppliers and employees, as well as any other individual from whom personal data have been collected in accordance with the purposes set forth in this privacy notice.
  2. Take notice about any consent revocations for the processing of Personal Data and take the appropriate measures for their attention.
  3. Promote and monitor the protection of Personal Data that Cotemar has in its possession.
  4. Address and process the refusals of treatment of Personal Data submitted by their owners.

 

You or the company you belong or represent may contact the Privacy Officer through the following email: arco@cotemar.com.mx

 

Limitation of Use and Disclosure of Data

 

The Responsible has appointed a person, who in turn will be assisted by various internal areas that, on behalf of Cotemar, will process their personal data (the “Personal Data Protection Officer”), therefore you can limit the use or disclosure of your personal information. Personal data in a personal way before the Responsible, at the address indicated above and according to the procedure included in this Privacy Notice.

 

For the specific case of information collected from citizens or residents of the European Union we inform you that you can execute at any time, under the terms established by current legislation, your rights of access, rectification or deletion of data, as well as request that you limit the processing of your personal data or oppose it, by writing to the email address arco@cotemar.com.mx (the “Privacy Officer”), clearly indicating the right you wish to exercise and accompanying your message of an official identification or similar document that proves your identity.

 

IV. Revocation of consent

 

We inform you that you may revoke your consent in relation to the processing of your Personal Data for secondary purposes in terms of the provisions of Section II of this Privacy Notice, within a period of five working days after having knowledge of the latter; In the case of revocations not related to secondary purposes, you may revoke your consent at any time whenever there is no legal impediment to it.

 

For any of the cases, you must clearly inform the reasons that motivate your refusal of treatment and if it is a total or partial revocation (which in your case must be broken down) to the Privacy Officer by email to the address arco@cotemar.com.mx, accompanying said request with at least the following information:

 

a) Your name, address and email to be able to communicate the response to your request for revocation of consent;

 

b) A copy of the documents that prove your identity (copy of the INE, passport or any other official identification), or, if applicable, the documents that prove your legal representation, whose original must be submitted in order to receive the response from the Responsible;

 

The Privacy Officer will respond to your Request for Revocation of Consent to the email from which the request was sent, motivating his response, within a maximum period of 20 working days from the day you received your request, as well as the actions taken to give attention and compliance to said Revocation.

 

V. Means to practice ARCO rights

 

You can exercise the following rights regarding your Personal Data: (i) Access to your personal information within our power or to know how we process it; (ii) Rectify in case your information is not accurate or is incorrect; (iii) Cancel it whenever your personal information is not used as stipulated by this Privacy Notice, it is being used in a non-allowed manner or the legal or contractual relationship is finished; (iv) Oppose to the processing of your personal information as stipulated by law.

 

To exercise your ARCO Rights, you must submit an application (the “ARCO request”) to Cotemar, to the attention of the Privacy Officer, using the form provided for such purposes, which you can obtain from the following link: ARCO format and which must be completed, signed and sent to the email arco@cotemar.com.mx, this request must be accompanied by at least the following information and documentation:

 

a) Your name, address and email;

b) A copy of the documents that prove your identity (copy of the INE, passport or any other official identification), or, if applicable, the documents that prove your legal representation, whose original must be submitted in order to receive the response from the Responsible;

c) A clear and precise description of the personal data with respect to which you seek to exercise any of the ARCO Rights;

d) Any document or information that facilitates the location of your personal data, and;

e) In case of requesting a rectification of your personal data, you must also indicate the modifications to be made and provide the documentation supporting your request.

 

The Privacy Officer will respond to your ARCO request to the email address you have indicated in the aforementioned format, motivating his response, whether affirmative or negative, within a maximum period of 20 working days counted from the day on which your ARCO application has been received.

 

In the event that the ARCO request is answered affirmatively, the changes or information requested will be made/sent within a maximum period of 15 working days counted from the sending of the email response to your request. The Responsible may notify you within the periods referred to in this paragraph, that a time extension shall be applied to perform all the tasks requested in your petition, for an equal period to the originally described in this section.

 

The Responsible may deny access (the “Refusal”) to the exercise of your ARCO Rights, in the cases permitted by law, being obliged to inform the reason for such decision, the refusal may be partial, in which case the Responsible will perform the proceeding part of your request.

 

The exercise of ARCO Rights will be free, but if you repeat your request in less than twelve months, the cost will be of three Units of Measurement and Update per exercise, unless there are substantial modifications to the Privacy Notice which could motivate new ARCO requests. Likewise, you must cover the justified shipping costs or the cost of reproduction in copies or other formats and, where applicable, the cost of document certification.

 

VI. Changes or modifications to the Privacy Policy

 

The Responsible has the right to make any modification or updates at any time to the Privacy Policy. Any modification or update will be communicated to any user with at least 30 days of anticipation to the date in which the modifications or updates will be applied. The communication will be made by our official website at https://cotemar.com.mx/aviso-de-privacidad/.

 

In case any security vulnerability presents during any step of the processing of your personal information, and this vulnerability affects your patrimonial or moral rights, the Privacy Officer will communicate this situation to you immediately for you to take any necessary action to defend your rights. If any interested person does not have an email, the notification will be published in the official website of the Responsible, or the notification could be consulted directly through the Privacy Officer, by email to arco@cotemar.com.mx

 

VII. Transfer of your personal information.

 

We may share your Personal Data with companies of the same group as subsidiaries, subsidiaries, affiliates, subsidiaries or controllers of Cotemar, domiciled in Mexico or abroad, as well as with third parties, whether these companies are specialized in the selection and recruitment of personnel or others. By virtue of the foregoing, said persons may not use the information provided by Cotemar in a manner different from that established in this Privacy Notice.

 

Said transfers shall be made with all appropriate security measures, in accordance with the principles contained in the Federal Law on Protection of Personal Data Held by Private Parties and its Regulations, as well as the Guidelines for the Privacy Notice.

 

We inform you that your personal information may be transferred within or outside our country to the following list of recipients:

Tipo de Destinatario Finalidad
COTEMAR SA DE CV Management requirements to fulfill the business needs.
(Subsidiaries) Management requirements to fulfill the business needs.
PEMEX Information to issue boarding passes
ATLANTIC SA DE CV Vehicle and Medical insurance processing
AXA SA DE CV Beneficiary inclusion or change in the life insurance policy .
BANAMEX SA DE CV Owner or additional cards connection.
PRESTACIONES UNIVERSALES SA DE CV Si Vale card request .
FONACOT product or service acquisition
INFONAVIT product or service acquisition.
IMSS permanent authorization paperwork and any requested process by this institution./td>
INSTITUTO NACIONAL DE MIGRACIÓN Migratory documentation paperwork.
SECRETARIA DE HACIENDA Y CREDITO PÚBLICO Annual Statement information about salaries.
INEGI Statistical Information.
SECRETARIA DEL TRABAJO Y PREVISION SOCIAL Working Conditions review.
SECRETARIA DE COMUNICACIONES Y TRANSPORTES marine regulatory information paperwork
Development and training suppliers Schedule, paperwork and issue of any proof of competence
Instituciones Médicas Medical records for check-up & medical emergencies
FUNDEC A.C. Scholarships assignment.

XI. Consent

 

I give my consent for the treatment of my sensitive personal and financial or personal data for the purposes necessary for the legal relationship with the Responsible.

 

The Personal Data of Customers, Suppliers and/or any third party may be transferred to third parties without the consent of the owner in the following cases: a) comply with the legal provisions in force; b) in compliance to a warrant or court order; and, c) whenever necessary for the operation and functioning of Cotemar, and in general, for any of the cases indicated in article 37 of the “Law”. In case of transfer of Personal Data, this will always be carried out through legal figures and instruments that provide the level of protection and under the appropriate security measures for such transfer, specifying to whom it is sent and why.