Privacy Notice

Your privacy and reliance is paramount for Fernandez & Sotelo S.A. de C.V. Therefore, we want you to know how we safeguard the integrity, privacy and protection of your personal information.

A. Identity and Address

Fernandez & Sotelo S.A. de C.V., hereinafter referred to as F & S, hereby declares their address for the pertinent purposes of this Privacy Notice: Calle Miguel Hidalgo # 10, lote 10, Ahuatepec, Cuernavaca, Morelos C.P. 62300, Mexico. F & S is liable of the treatment and protection of personal data openly provided by Account Holder.

B. Information Provided by Account Holder

For the purposes of complying with provisions of Section C, Account Holder shall provide F & S with the following personal data:

  • Identity: Name(s), Last Names, Sex, Marital Status, Signature, Taxpayer’s ID, Voter’s ID, place and date of birth.
  • Contact: Address (Street, Number, District, Zip Code, City, State), Email, Telephone (land line or mobile)
  • Property and Financial Information: Bank Account, CLABE [Standardized Bank Code], Card Number, Personal and Real Property of Holder 

F & S shall not collect any confidential information on the basis of complying with the purposes of this Privacy Notice.

Any Account Holder’s personal data indirectly received by F & S, whether from sources that are accessible to the general public or provided by any person other than Account Holder, may be processed for the purposes set out in Section C; however, said data is considered as true and accurate and provided under Account Holder’s consent.

C. Purpose of Data Processing

The purpose of the Account Holder’s personal data provided to F & S is for establishing any business or contractual relationship that may arise between F & S and Account Holder and defining any agreed general or particular provisions included, as the case may be. Said personal data may be used for business, contractual, marketing or advertising purposes, which are classified accordingly as follows:

(Primary) Purposes requiring data processing:

  • Establishing a business relationship
  • Complying with any liabilities and pertinent legal provisions
  • Verification of credit history and standing for granting a trade credit
  • Collection Management
  • Purchase and sale of products and goods and offering services
  • Provision of products or services required
  • Provision of fiscal certificate of payment, upon request
  • Providing promotions, offers and discounts of products and goods, or general advertising
  • Quality surveys and customer-service satisfaction

(Secondary) Purposes not requiring data processing:

  • Managing claims, suggestions and clarifications according to Local Policies, as the case may be

D. Data Transfer

F & S shall not transfer your personal data to any third party. F & S has established administrative, technical and physical security measures to ensure the protection and confidentiality of Personal Data.

However, F & S may perform national or international transfers of personal data without Account Holder’s consent, provided that the transfer is made to holding, subsidiary or branch companies under the common control of F & S, or any parent company, or any company operating under the same local processes and policies; or, if necessary, in benefit of the execution of an agreement entered by Account Holder, F & S and a third party; or when said transfer is essential for the compliance or maintenance of any legal relationship between F & S and Account Holder, provided that any and all legal principles of protection are followed regarding any personal data transfer to holding, subsidiary or branch companies, or any national or foreign third party, F & S shall keep the aforementioned safety protocols for the purpose of avoiding any damage, loss, modification, access or misuse of the data provided.

E. Means to exercise ARCO Rights

Account Holder, by his own right or through any legal agent duly approved, is entitled to and may exercise the rights of access, modification, cancellation or objection. Account Holder may revoke their consent to their personal data processing by F & S via the “Application of ARCO Rights”, which We have prepared and may be sent upon request to the following email: datospersonales@fernandezsotelo.mx. After the completion of said Application, you may send it back to the aforementioned email, or by mail to the Department of Compliance of F & S: Calle Miguel Hidalgo # 10, lote 10, Ahuatepec, Cuernavaca, Morelos C.P. 62300, Mexico.

The Application of ARCO Rights shall be considered as submitted only if Account Holder, or their duly appointed legal agent, complies with the following:

  • Proof of identity by submitting copy of official ID (original required for comparison purposes) or copy of ID certified by Notary Public;
  • If Application is submitted by a legal agent, said agent should be appointed in the same aforementioned manner, and shall prove the identity of Account Holder, as well as agent’s identity and capacity by public instrument or power of attorney executed before two witnesses, or affidavit by Account Holder;
  • Address and email for notices regarding ARCO Application;
  • A clear and exact description of the personal data for which they are seeking to exercise ARCO Rights;
  • Any document or information for purposes of locating your persona data;
  • In case of modification of data, you should state said modifications and submit any documents supporting said request.

An Officer of Personal Data Protection should answer to your ARCO Application providing justification of the pertinent decision via email within a period of 20 business days upon receipt of your ARCO Application. If you receive an affirmative or positive response, the requested changes shall be made in a term of 15 business days. If necessary, the terms mentioned in this section may be extended for an equal term.

For access rights, the request shall be considered as served when F & S provides Account Holder with personal data or through the issuance of copies or digital documents sent to the email provided.

F & S may nullify the exercise of your ARCO Rights in the following cases:

  • If you are not Holder of the pertinent personal data or you are not able to prove your capacity as legal agent of Account Holder;
  • If your personal data is not filed in F & S databases;
  • If any third party rights are breached;
  • If there is any legal impediment or resolution of a pertinent authority restricting your ARCO Rights, and;
  • If the modification, cancellation or objection has been previously made.

You may have a partial negative response, in this case, F & S should proceed with the modification, cancellation or objection accordingly.

There is no fee for the proceeding of delivery of personal data. Account Holder shall only pay for copies, formats and mailing fees, however, if you make the same request within a term of 12 months, the fees should be equal to 3 UMAs [Updated Measurement of Salary Unit], unless fundamental modifications have been implemented to the Privacy Notice, which may cause new inquires.

F. Data Disclosure and Use Restrictions

You may restrict the use or disclosure of your personal information by registering in a list named “Customer Exclusion List”. This way, we will not be allowed to use your personal data for secondary purposes. Registration in the list should be requested by email.

G. Privacy Notice Modifications

F & S reserves their right to make any amendments to this Privacy Notice due to new legal requirements or needs caused by the products and/or services we offer. Said modifications should be published on: https://fernandezsotelo.mx/ or any other replacing web site.

Finally, we inform you that the pertinent authority for resolving any legal dispute is the National Institute of Transparency, Information Access and Personal Data Protection (INAI, in Spanish). Further information regarding this matter at www.inai.org.mx

Last revision: 27/09/2019