We, Trovant SA de CV, a corporation with variable capital, incorporated under the laws of Mexico, with registered office at Av. Lic. Benito Juárez 10, San Mateo Cuautepec, Tultitlán, Mexico, and its affiliated companies (“Kivi”), are committed to protecting the privacy of our customers and stakeholders, and we undertake our obligations regarding the protection of Personal Data with the utmost rigor.
This privacy policy sets forth what Personal Data we collect, how we treat it, and the period of time we retain it, and sets forth certain details about your rights as the owner of the Personal Data we share (the “Privacy Policy”).
This Privacy Policy applies to the extent you are a customer or user of our services (the “User”), in conjunction with other contractual documents, including, without limitation, any contracts we have entered into with you. We reserve the right to issue separate policies relating to other relevant parties such as our employees, suppliers and/or our business partners.
To the extent that you are not a stakeholder, customer or user of our services, but you use our website, this Privacy Policy, together with our Cookie Policy, will apply to you. If you do not agree with these policies, you should immediately discontinue use of our website.
Uses of the words “we,” “us” and “our” within this Privacy Policy refer to Kivi. In this Privacy Policy, personal data means any information concerning an identified or identifiable natural person (“Personal Data”), i.e. any information relating to you as a natural person (“Personal Data Subject”).
For the avoidance of doubt, the term Personal Data does not include information from which you cannot be identified (referred to simply as data, non-personal data, anonymous data or de-identified data).
Likewise, “Processing” shall mean any operation or set of operations performed on the Personal Data or on a set of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
The site may contain links to other websites. However, when the User uses such links, the User will be interacting with the third party and not with Kivi. The User understands that these linked sites are not under the control of Kivi, other than those wholly owned by Kivi . Therefore, we cannot guarantee that the other websites will respect the protection and privacy of any information that the User provides when visiting such websites. To do so, we recommend that you first read the privacy policies and practices of the website in question.
1. How do we collect your information?
We collect information when:
- access our services through our mobile platform or web platform [https://kiviads.com/].
- you contact us through the website or other direct means of electronic communication;
- you interact with us or our services;
- you enter into a contract with us (for example, to use our services);
- give us instructions related to your account; and/or
- establish any other relationship with us or interact with us or our services.
2. Personal Data we collect
We collect the following Personal Data: name; address; e-mail address; telephone number; date of birth; nationality; identity credentials or passport; and/or information about how you use our website.
3. Purpose of Personal Data Processing
We use your Personal Data in connection with the following purposes:
Provision of services and administration:
- to provide you with the information, products and services you have requested from us;
- to collect any outstanding receivables you may have with us;
- to fulfill any contractual obligation we have with you; and/or
- to comply with a legal or regulatory obligation.
Improvements to the Services:
- to ensure that content from our Applications is delivered to you in the most efficient manner;
- to administer our Applications and for internal business operations and administration, including technical support, data analysis, testing, research, statistical and survey purposes;
- to contact you for customer service purposes and for any other reason we deem necessary;
- As part of our efforts to keep our site safe and secure.
Promotion:
- to provide you with information about other services we offer similar to those you already have or about which you have requested information;
- to send you promotional material; and/or
- to contact you for promotional purposes.
If you do not want your Personal Data to be used for promotional purposes, please contact us using the information below.
4. How we share your information
Why and when we share your information
We will treat your Personal Data with confidentiality and share it with third parties (including subsidiaries, affiliates or other entities belonging to the same business group) if we consider that sharing your Personal Data is in accordance with law, is in accordance with, or is mandatory by virtue of, any contractual relationship with you or us, is required by applicable law, by regulatory bodies in the matter or requested by any legal process.
We may also be required by law or by a Court to disclose to appropriate regulatory or law enforcement authorities and/or other competent authorities certain information about you or any agreement we have with you. We will also disclose information about you to authorities to the extent that we are required to do so under applicable law. Similarly, we may need to share your information in order to exercise, preserve or enforce our legal rights.
In addition, your Personal Data may be shared and processed by us and/or other members, subsidiaries or affiliates of the group of companies to which we belong, agents, vendors, consultants or suppliers, as well as any other third party service providers that provide certain services on our behalf (e.g., outsourced service providers, external legal advisors, financial institutions, etc.). Such third parties will have access to your Personal Data only for the purposes of providing the services and fulfilling the purposes specified in the relevant agreement, or to comply with applicable law and for no other purpose. These third parties are not permitted to use your Personal Data for their own purposes, and may only process it in accordance with our instructions. We require these third parties to adopt security measures that are consistent with the protections specified in this Privacy Policy and applicable law, in particular the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (“LFPDP”).
In addition, we may transfer your Personal Data to a third party as part of the sale of some or all of our businesses and assets or as part of any business restructuring or reorganization, or if we are required to disclose or share your Personal Data to comply with a legal obligation. However, we will take steps to ensure that your privacy rights continue to be protected.
In the event that we transfer your Personal Data to third countries that do not have adequate Personal Data protection legislation, whether for the purposes described above or as a result of a legal or contractual obligation, we will take steps to ensure that your privacy rights continue to be protected as set out in this Privacy Policy.
5. How long do we keep your information?
We retain your Personal Data only for as long as necessary to fulfill the purposes for which we process the information, as outlined in this Privacy Policy. Records may be retained in various multimedia formats (physical or electronic).
Retention periods are determined based on the type of record, the nature of the record, and the activity of legal or regulatory obligations applicable to such records. Normally, Personal Data collected in compliance with our legal obligations are retained for 5 years. However, we may retain your Personal Data for longer periods when such action is necessary to comply with a legal obligation to which we are subject, or to protect your interests or the interests of another person, when we have a legitimate interest in doing so, or when we are required to do so by a judicial authority.
6. Security Measures
We have appropriate physical, technical and administrative security measures in place to prevent your information from being accidentally lost, used or accessed without authorization, altered or disclosed. We have taken important precautions to ensure the security of your data. In addition, we limit access to your Personal Data only to those employees, agents, contractors and other third parties who have a need to know your Personal Data in order to perform their contractual duties. In such cases, these parties will only process your Personal Data on our instructions, and are bound by the obligation of confidentiality and the obligation to comply with the data protection procedures described herein. We have prepared procedures to handle any suspected breach of your Personal Data protection obligations and, where we have a legal obligation to do so, we will notify you and any applicable authority of any such breach.
7. Rights of the Data Subject
You have certain rights in accordance with the provisions of the LFPDP. These rights are detailed below.
Right to Information and access
You have the right to be informed what Personal Data we have, how we treat your Personal Data, as well as the origin of the same, the transfers made or intended to be made, establishing in this Privacy Policy our obligation to provide you with such information.
Right of rectification
You have the right to rectification of your Personal Data when they are inaccurate, incomplete, inadequate or excessive, provided that it is possible and does not require disproportionate efforts. You may also request that the processing of such information be restricted.
The accuracy of your information is important to us. If you do not want your Personal Data to be used in accordance with this Privacy Policy, wish to limit the use or disclosure of such data, or need to inform us of any changes to your Personal Data, or wish to obtain additional information about how we collect your Personal Data, please contact us.
Right of cancellation
In the event of our non-compliance with the LFPDP in the processing of your Personal Data or in the event that such data is no longer necessary for the purposes detailed herein, you have the right to request the cancellation of such data. The cancellation will give rise to a blocking period after which the data will be deleted. This period will be equivalent to the period of limitation of actions arising from the legal relationship on which the processing of such data is based. During this time, we will retain such data exclusively for the purposes of the responsibilities inherent in the processing of such data.
- It refers to the parties to a private, social or administrative contract and is necessary for its development and fulfillment;
- Must be processed by legal provision;
- Are necessary to protect the legally protected interests of the owner;
- Are necessary to carry out an action in the public interest; and/or
- Are necessary to comply with an obligation legally acquired by the owner.
Right of Opposition
At any time and for legitimate reasons, you may oppose the processing of your Personal Data. If appropriate, we will proceed to the cancellation of such data, in the terms indicated in the previous section.
Right to withdraw your consent
When the legal basis for the processing of your personal information is your consent, you have the right to revoke such consent at any time by contacting us using the information provided in this Privacy Policy.
Complaint about the processing of Personal Data
If you wish to initiate a complaint about how we have handled your Personal Data, you may contact us using the contact details indicated in this Privacy Policy. Likewise, you may initiate a complaint before the National Institute of Transparency, Access to Information and Protection of Personal Data, the controlling authority of the LFPDP.
Contact Information
If you wish to obtain a copy of the Personal Data or wish to exercise any of your Rights as a Personal Data Subject as set forth in this Notice.
Any request you make regarding your Personal Data should contain:
(i) Your name and address or other means of communicating the response to your request.
(ii) The documents proving the identity or, if acting by proxy, the legal representation of the holder.
(iii) A clear and precise description of the personal data with respect to which you are seeking to exercise any of the above-mentioned rights; and
(iv) Any other element or document that facilitates the location or identification of the personal data.
Modifications to this Privacy Policy
We reserve the right to modify our Privacy Policy at any time. When we modify them, we will directly notify those who have a business relationship with us, or who are subscribed to our email list, of the changes. We will also change the ‘Last Updated’ date of such policies. Any modified policy will be effective immediately upon posting. We recommend that you review this Privacy Policy each time you access or use our website. If you do not agree to the revised Privacy Policy, you should discontinue use of this website. By continuing to access or use our website after the effective date, you confirm your acceptance of the revised policy and all terms incorporated therein by reference.