Privacy policy

1. Responsible party for the use of your personal data

 

ORGANIZACIÓN “CULTIBA”, S.A.B. DE C.V. (”CULTIBA”), incorporated  in accordance with the  Leyes de la República Mexicana (Mexican laws), and located at  Monte Cáucaso No.915 oficina 307 Col. Lomas de Chapultepec, México, D.F., C.P.  11000, is the responsible party for the use and treatment of your personal data.

 

Treating your personal data with confidentiality is a priority for “CULTIBA”.  This privacy policy complements any other condensed privacy policies that our company might have previously provided to you and it also supplements any point not explicitly referred to in such policies.

 

This privacy policy is applicable to “CULTIBA”.  For more information about privacy policies in our beverages and sugar businesses please visit the following sites: www.gepp.com.mx and www.gamsa.com.mx .

 

 

2. Personal Data Department

 

Address: Monte Cáucaso No. 915 oficina 307, Col. Lomas de Chapultepec, México D.F. C.P. 11000
E-mail: cultiba@tuavisodeprivacidad.mx

 

 

3. Use of personal information

 

Your personal information may be used for, but is not limited to, the following purposes by “CULTIBA”:

 

1. Registering you as a supplier;

2. Contacting you to provide information about investor events for “CULTIBA”

3. Contacting you to follow up on information requests sent through our website or on any issue regarding this privacy policy;

4. For contractual obligation purposes as well as compliance with applicable laws;

5. To comply with requirements by authorities, when necessary, in order to protect public interest and to administer justice.

 

Purposes required for the files, maintenance, and compliance of our legal or commercial relationships, or on a case by case basis for the reasons  detailed in the previous point.

 

Any information that you provide to us freely and voluntarily is subject to this privacy policy.

 

 

4. Personal data we may gather

 

We gather your personal information when you provide it to us directly, whether in person, by telephone, by e-mail, or through our website, in addition to other means  that are approved by law.  Personal information that we may gather includes, but is not limited to:  (i) identification and contact data such as name, age, address, telephone number– (landline and/or cellular), nationality, e-mail address, CURP (Cédula Única de Registro de Población), Registro Federal de Contribuyentes, and in those instances in which suppliers are referred by a third party, name and telephone number from the referring person, among other data; and (ii) asset information such as bank accounts, among other data. 


 

In adherence to Artículo 9 de la Ley Federal de Protección de Datos Personales en Posesión de los Particulares, (Article 9 of the Federal Law for the Protection of Personal Data in Possession of Third Parties) when “CULTIBA” gathers personal data from you, your explicit consent will be required for treatment of said data.  At the time at which your data is gathered you will be required to accept or reject the use and treatment as described in this policy, either through electronic mechanisms that we have implemented for this purpose, or through written signature of this policy.

 

 

 5. Sensitive data

 

Data we gather and process might be sensitive and will be used in strict adherence with the law and will be protected by using high-level security measures to ensure the confidentiality of the  information.

 

 

6. Cookies and Web Beacons

 

We do not gather personal data through Cookies, Web Beacons, or any other technology designed to obtain personal information from you such as:

 

  • * Your type  of browser and/or operating system.
  • * Internet websites that you visit.
  • * Links that you follow.
  • * IP address.
  • * Websites that you visited prior to our own website.

 

 

7. Ways to limit the use or disclosure of personal data

 

At any time you can opt to stop receiving messages via e-mail, telephone or in printed form by contacting the Personal Data Department.

 

 

8. Ways  to exercise your right to access, rectify, cancel, or oppose certain uses of data 

 

You have the right to access personal data that “CULTIBA” may have gathered from you as well as details on use of that data.  You may also exercise your right to rectify your data in cases in which it is inaccurate or incomplete; or to remove it when the information is considered excessive or unnecessary for the purposes that justified its original gathering, and you can also oppose the use of the data for specific purposes.

 

Mechanisms in place for you to exercise the aforementioned rights require you to submit the form : "Solicitud de Ejercicio de Derechos ARCO" to our Personal Data Department, either personally at the address previously mentioned in this policy or through e-mail sent to the web address also provided earlier in this document.  This form  can be obtained by sending an e-mail to our Personal Data Department, which will make the form available for you.

 

The form  “Solicitud de Ejercicio de Derechos ARCO” when presented to our Personal Data Department must be accompanied by the following information:

 

1.- Complete name and address;

2.- Form of identification to verify  your identity such as: Voting Card; Credencial para Votar-  issued by the Instituto Federal Electoral "IFE"- , Valid Passport, Professional License; Cédula Profesional ,or a valid immigration  document if you are not a Mexican national;

3. - If you are presenting the request on behalf  of another person, you need to present a valid document to prove official representation, either public deed or power of attorney signed by two witnesses, in addition to the represented party’s identification as well as your identification (Voting Card; Credencial para Votar - issued by the “IFE”-, valid Passport, Professional License; Cédula Profesional, or valid immigration document in the case of foreigners);

**If you are representing a minor, you will be required to present valid documentation to prove official representation of the minor, which will include: minor’s birth certificate and identification card with photograph – (issued by the school or institute that he or she attends), Instituto Mexicano del Seguro Social (IMSS) Social Security Card, valid Passport, or any other identification card that includes a  photograph of  the minor.  Along with  providing said documentation for review and validation, you will be required to sign a “Legal Representation Certificate", which will be attached  to your request and in which you will swear to be telling the truth about your legal representation of the minor.

**For disabled individuals , documentation necessary to certify legal representation will be: certification of disability and photo identification for the person representing the disabled individual, such as: Voting Card, or Credencial para Votar – issued by the “IFE”; Valid Passport; Professional License, or Cédula Profesional; or valid immigration document in the case of foreigners.

 

4. - Clear and precise description of personal data to  which ARCO rights will be exercised, the right that is to be exercised and the reasons to exercise it;

5. - Any document or proof that “CULTIBA” has access to your personal data.

6. - If you are requesting personal data changes or rectification, your request should lay out specific changes required and attach documentation to validate such changes (e.g. birth certificate, proof of residence, or any other document  that verifies that your personal data should be modified).

 

Our Personal Data Department will respond to your request, by e-mail or in-person at the address previously mentioned in this policy, within 20 (twenty) business days of the date on which you receive acknowledgment of receipt of your request.  In order to provide proper responses to your request, the Personal Data Department might request your presence for validation at the address previously stated in this policy, plus original versions of documents that were attached as copies to your request, within 5 (five) business days following the date on which these documents are requested from you.  If after that period you have not presented the documents, your request will be filed and this Privacy Policy will continue to be valid until you present a new request.

 

Once your request has been submitted and all validation procedures regarding personal and entitlement of ARCO rights have been completed, resolution of your request will be as follows:

 

  • * To access the data: within 15 (fifteen) days starting from the day on which you receive confirmation that your request will proceed from the Department of Personal Data via e-mail.
  • * To rectify or change data: within 15 (fifteen) days starting from the day in which you receive confirmation that your request will proceed from the Department of Personal Data via e-mail.
  • * To cancel or oppose the use of the data:  the data will be blocked immediately after applicable documentation is validated, since access to personal data is restricted to others  until there is confirmation or annulment that to proceed with the requested cancellation of data.  If cancellation proceeds, the term of the procedure will be 15 (fifteen days) starting from the day on which you receive confirmation from the Personal Data Department, and if it does not proceed the data will be unblocked to continue with any following as applicable processes.

 

The terms mentioned in the previous point can only be postponed once for an equal amount of time in each case if circumstances make it necessary and with previous notification to you by the Department of Personal Data.

 

The Personal Data Department can deny access to ARCO Rights in the following cases:

1. When you are not primary owner of the personal data or have not certified representation of the primary owner;

2. When your personal data is not within “CULTIBA’s” database;

3. When a third-party’s rights are affected;

4. When there is legal impediment or resolution from an authority to restrict your ARCO rights;

5. When rectification, cancellation, or opposition of the data has already been performed.

 

Denials  of requests can be partial; in those cases “CULTIBA” will grant access, rectification, cancelation or opposition only for the part of the data that can be changed or processed.

 

For further information please contact the Personal Data Department at the e-mail address previously provided in this policy.

 

9. Mechanisms and processes for primary owner of the personal data to revoke his or her consent at any time

 

At any time  you can revoke consent previously provided by you for use of your personal data.  In that instance you will need to contact the Personal Data Department, which will describe the process that you will need to follow in order to revoke your consent.  However, it is important that you understand  that it is possible  your request might not be processed immediately, as it is possible that due to legal obligations we might be required to continue using your personal data.  Likewise, you should consider that for some purposes, revoking your consent might imply that we cannot continue providing services that you might have requested from us and in some cases could result in the end of the relationship with us. 

 

10. Personal data transfer within Mexico and abroad

 

Personal data gathered within the terms of this Privacy Policy will be treated according to  the applicable law.  Such data can be transmitted or shared with  our subsidiary and affiliated companies and to third-parties with contractual relationships with “CULTIBA”, in order to fulfill contractual purposes.  In such instances your data is also protected as our subsidiaries, affiliated companies, and contractual partners operate under the same Privacy Policy and data protection procedures.  In all instances  your information will only be shared for the purposes described in this Privacy Policy. 

 

11. Security measures implemented

 

In order to protect your personal data we have implemented administrative, physical and technical security measures in order to prevent  loss, misuse, or alteration of your data

 

Likewise, when we transfer or communicate your information to third-parties that have a contractual relationship with us, we require and verify that these third-parties also have the necessary security measures to protect your personal data, prohibiting the use of your data for purposes different from the ones applicable to this Privacy Policy; with the understanding that even though we take such precautionary measures, any non-compliance  from third-parties to what is stated in the Ley Federal de Protección de Datos Personales en Posesión de los Particulares  y su Reglamento is the exclusive responsibility of such third-parties.

 

12. Changes to the Privacy Policy

 

We reserve the r right to make changes to or update this Privacy Policy at any time. Changes and updates will be publicly available through the following means:

 

(i) Visible announcements in corporate headquarters;

(ii) Brochures or flyers available at our corporate headquarters;

(iii) Our website

 

 

13. Right to pursue procedures for right protection and verification supported by the Instituto Federal de Acceso a la Información y Protección de Datos “IFAI”

 

If you have further questions or wish  additional information in regards to use  of your personal data, or questions related to the Ley Federal de Protección de Datos Personales en Posesión de los Particulares y Reglamento, you can contact the Instituto Federal de Acceso a la Información “IFAI”.  For further information please visit the IFAI website: www.ifai.org.mx