Privacy Notice


This Comprehensive Privacy Notice (the “Notice”) is addressed to the user (the “Owner” or “You”) of the digital market for the purchase and sale of goods owned by ATLANTICOMEX SOCIEDAD ANONIMA DE CAPITAL VARIABLE (the “Platform”). You can access this Notice at any time, as it is available to you on the MaxiMarket Internet portal ( www.maximarket.mx ) (the “Website”).

 

I.- Definitions.

Except for terms defined elsewhere in this Notice or in the Law, terms appearing with the first letter capitalized within this Notice shall have the meanings assigned to them below:

Bank Aggregator.- Refers to the specialized company that has been hired by the Controller to process payments made by the Cardholder using a bank card.

 

Warning

This privacy notice, whether issued in a physical or electronic document or in any other format generated by the Controller, is made available to the Owner prior to the Processing of their Personal Data.

 

Personal Data

Any information concerning an identified or identifiable natural person.

 

Sensitive Personal Data

Personal Data that affects the most intimate sphere of its Owner, or whose improper use may give rise to discrimination or entail a serious risk for the Owner. In particular, those that may reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, union membership, political opinions or sexual preference are considered sensitive.

 

ARCO rights

It refers to the set of prerogatives that the Owner has over the Controller, in relation to his/her Personal Data, which consist, in summary, of the following: the right to access his/her Personal Data and the details of the processing thereof; as well as to rectify them if they are inaccurate; cancel them when he/she considers that they are excessive or unnecessary for the purposes that justified their obtaining; and oppose the processing of them for specific purposes.

 

In charge

The natural or legal person who alone or jointly with others processes Personal Data on behalf of the Controller. MaxiMarket.- Refers to ATLANTICOMEX SOCIEDAD ANONIMA DE CAPITAL VARIABLE

 

Law

Federal Law on the Protection of Personal Data Held by Private Parties.

 

Digital Media

It refers jointly to the Website and social networks
 

Orders

Refers to transactions carried out on the MaxiMarket Platform.

 

Products

These are the goods that are marketed on the MaxiMarket Platform.

 

Regulation

Regulations of the Federal Law on the Protection of Personal Data Held by Private Parties.

 

Responsible

Private individual or legal entity that carries out the processing of Personal Data.

 

Contact Section

It refers jointly to the means of contact that MaxiMarket makes available to the Owner for the purposes related to this Notice.

 

Holder

The natural person to whom the Personal Data corresponds.

 

Transfer

Any communication of Personal Data made to a person other than the Controller or Data Processor.

 

Treatment

Obtaining, using, disclosing or storing Personal Data, by any means. Use includes any action of access, handling, use, transfer or disposal of Personal Data.

 

II.- Identity and address of the Controller.

 

ATLANTICOMEX SOCIEDAD ANONIMA DE CAPITAL VARIABLE, with registered office at Plaza Zamna Local 10, Colonia Ejidal, Postal Code 77712, Playa del Carmen, Quintana Roo, shall be responsible for the Processing of Personal Data (hereinafter, the “Controller” or “MaxiMarket”). The Controller may be assisted by one or more Processors, who will act on behalf of and for the account of the Controller, to provide more efficient Processing of Personal Data. The Processors shall be informed of the proper processing they must provide to Personal Data.

 

III. Personal Data that will be processed.

 

This Notice will be made available to the Owner directly in the Application, in electronic format. You will consent to the Processing of your Personal Data by MaxiMarket through the express acceptance of this Notice, through the boxes expressly enabled in the Digital Media for this purpose during the process of registering the Owner as a user. The marking of the acceptance boxes or buttons presupposes that the Owner has read and expressly accepted what is provided here. MaxiMarket expressly and directly obtains the Personal Data that you provide us in order to proceed with the registration, installation, access and use of the Digital Media. Specifically, the Controller will directly collect the following personal data from the Owner:

 

  1. Full name.

 

  1. Email address.

 

  1. Password.

 

  1. Mobile phone number.

 

  1. Delivery address.

 

  1. Information on the chosen payment method.

 

  1. In the event that the User chooses the option of linked access through social network accounts or through Gmail®, the data relating to said linked access.

 

When you use the Digital Media, we collect certain information automatically and indirectly. The personal data that we may come to know thanks to your use of the Platform are the following:

 

  1. Real-time location, using georeferencing tools.

 

  1. IP address.

 

  1. The version of the Application you have downloaded.

 

  1. Statistical information on the use and navigation of the Application.

 

  1. The hardware, software and internet browser you use.

 

IV. Personal Financial Data.

 

The Controller declares that the collections will be made through a Bank Aggregator. Therefore, MaxiMarket will direct the information corresponding to the payment method that you have designated directly to the Bank Aggregator. The Bank Aggregators will capture and process, in a private and restricted manner, the personal financial or banking data of the Controller that are exclusively necessary to collect the Service through a bank card or electronic payment methods. Currently, MaxiMarket does not store or maintain any type of financial data, since the Provider uses the Gateway services and/or acceptance of electronic payments provided by Bank Aggregators.

 


 

V. Sensitive Personal Data.

 

Sensitive Personal Data is considered to be any Personal Data that affects the most intimate sphere of its Owner, or whose improper use may give rise to discrimination or entail a serious risk for the Owner. In particular, information that may reveal aspects such as racial or ethnic origin, present and future health status, genetic information, religious, philosophical and moral beliefs, union membership, political opinions, or sexual preference is considered sensitive.

 

Pursuant to the above, MaxiMarket will at no time collect or store Sensitive Personal Data.

 

VI. Primary Purposes of the Treatment.

 

The Personal Data collected by MaxiMarket are used to manage the acquisition of Products and the processing of Orders on the Platform. The primary purposes of the Processing are the following:

 

  1. Manage the creation of your user account and allow you to use or modify it. To use the Platform, you must have an account enabled and identify yourself as a user. You may modify the Personal Data you have provided to us at any time through the corresponding section.

 

  1. Allow you to purchase Products through the Platform.

 

  1. Coordinate the delivery of your Orders, as well as process any requests related to an Order (e.g. cancellations, returns, clarifications or refunds).

 

  1. Contact you to provide you with information regarding a current Order.

 

  1. Manage payments for your Orders.

 

  1. Allow you to consult a history of all the Orders you have placed.

 

  1. Provide you, via the email address you have provided us, with receipts or invoices corresponding to the Orders you have placed.

 

  1. Offer you the best service: through our Contact Section we offer you assistance at any time for any questions, comments, suggestions or incidents related to the use of the Platform.

  2.  To prevent potential fraud against the Holder and against MaxiMarket, we may ask you to validate your account by entering a code that you will receive by SMS or any other means of authentication.

 

Compliance with the primary purposes of the Processing is necessary for the existence, maintenance and fulfilment of the legal relationship between the Controller and the Owner.

 

VII. Secondary purposes of the Treatment.

 

  1. To carry out actions for marketing, advertising or commercial prospecting purposes.

 

  1. To ask you for your opinion for statistical purposes. If you do not wish for your Personal Data to be processed for any or all of the secondary purposes, you may immediately notify us of this by using the means provided in the Contact Section.

 

  1. To provide measurement and advertising services.

 

VIII. Transfers of Personal Data.

 

In order to fulfill the purposes described above or any other legally required purposes, MaxiMarket may transfer your Personal Data to the companies that are part of the MaxiMarket corporate group, that is, to the parent companies, controlling companies, subsidiaries and affiliates of the Responsible Party. Pursuant to article 37 of the Law, we inform you that your consent will not be required to make Transfers to controlling, subsidiary or affiliated companies, or to a parent company or to any company in the same MaxiMarket group, since said companies are governed by the same privacy standards.

 

The purpose of Personal Data Transfers is to improve aspects related to the use of the Platform.

 

Likewise, the Controller may transfer your Personal Data to third parties for advertising purposes, so that they may collect or receive information from the MaxiMarket website (maximarket.mx) and/or its application and use that information to provide measurement services and segmented ads.

 

The information that may be transferred for such purposes will be solely and exclusively:

 

  • Email
  • User name

 

If you do not wish for your Personal Data to be transferred, you may notify us of this at any time by means provided in the Contact Section, in order to revoke your consent regarding any Transfer.

IX. “ARCO” Rights in Personal Data Protection.

 

The “ARCO” Rights are an acronym that groups four rights that the Owner can exercise, in relation to his Personal Data:

 

  1. Access the Personal Data that is subject to Processing; that is, request the Controller to allow the Data Subject to know what data it holds.

 

  1. Rectify any Personal Data, subject to Processing and in possession of the Controller, that is inaccurate, incomplete, erroneous and/or imprecise.

 

  1. Cancel any Personal Data held by the Controller that is legitimately considered not to be being used to fulfill any of the purposes of the Processing and/or that is being used in violation of the Law, the Regulation or any other applicable legal provision.

It is clarified that when the Data Subject requests the cancellation of his/her Personal Data in accordance with the established procedure, these will be deleted; notwithstanding the foregoing, the Controller will not be obliged to delete them when they are necessary to comply with a legal obligation acquired by the Data Subject.
The cancellation will apply to all of the Data Subject's Personal Data contained in a database, or only part of it, as expressly requested by the Data Subject.
The exercise of your right to cancellation, if applicable, entails the suspension of the collection of any other Personal Data of which you are the Owner.

 

  1. Oppose the Processing carried out by the Controller, with justified cause, provided that it may cause you any damage and/or harm, or that it is contrary to the Law, the Regulation or any other applicable legal provision.

 

To exercise any of your ARCO Rights, including the right to cancellation (delete your Personal Data) the Owner must send a request with, at least, the following requirements:

 

  1. The name of the Owner and address or other means to communicate the response to your request;

 

  1. Documents proving the identity or, where applicable, the legal representation of the Owner;

 

  1. A clear and precise description of the Personal Data in respect of which you seek to exercise any of the aforementioned rights;

 

  1. The method by which you wish to obtain a response, that is, in writing, in electronic documents or any other means.

 

The request to exercise ARCO Rights must be sent to any of the means indicated in the Contact Section. Once the request has been received, the Controller will have a period of fifteen (15) calendar days to respond to the Owner of the Personal Data, which will be sent through the response medium designated by the Owner. This period may be extended with prior notice for a single equal period, provided that the extension is justified. Without prejudice to the foregoing, you will also have the right to request MaxiMarket to send you an ARCO Rights Form that is easy to fill out, in order to exercise any of the prerogatives provided herein.

 

X. Mechanism to express the Owner's refusal to the Processing of his/her Personal Data.


 You have the right to revoke the consent you have given for the processing of any or all of your Personal Data. To do so, the Data Controller must send a request with at least the following requirements:

 

  1. The name of the Owner and address or other means to communicate the response to your request;

 

  1. Documents proving the identity or, where applicable, the legal representation of the Owner;

 

  1. A clear and precise description of the Personal Data for which you wish to express your refusal to process;

 

  1. The method by which you wish to obtain a response, that is, in writing, in electronic documents or any other means.

 

The request for revocation of consent must be sent to any of the means indicated in the Contact Section. Once the request has been received, the Controller will have a period of fifteen (15) calendar days to respond to the Owner of the Personal Data, which will be sent through the response medium designated by the Owner. The revocation of consent related to Personal Data that is essential for MaxiMarket to grant you access to the Platform will imply that the Controller will not be obliged to enable such access, as it is prevented from doing so.

 

XI. Options and means to limit the use or disclosure of your Personal Data.

 

The Data Subject may indicate to the Controller that he/she wishes to limit or stop receiving advertising messages, whether by landline or cell phone, as well as by email. You may limit the use or disclosure of your Personal Data by sending a request to the Controller's Contact Section. To this end, the Data Subject must send a request with, at least, the following requirements:

 

  1. The name of the Owner and address or other means to communicate the response to your request;

 

  1. Documents proving the identity or, where applicable, the legal representation of the Owner;

 

  1. A clear and precise description of the Personal Data for which you seek to limit the use or disclosure.

 

In addition, we inform the Owner that he/she may register in the Public Registry of Users (REUS) or the Public Registry to Avoid Advertising (REPEP) which is maintained by the competent authorities for the purpose of limiting the use or disclosure of personal information.

 

XII. Information on the use of cookies, web beacons and similar.


MaxiMarket uses various technologies to improve the efficiency of its Website, including your browsing experience. These technologies include the use of third-party cookies. Cookies are small amounts of information that are stored in the browser used by each user so that the server remembers certain information that can be used later. This information allows us to identify you and save your personal preferences to provide you with a better browsing experience. We remind you that you can disable or adjust the use of cookies by following the procedures of the Internet browser you use.


XIII. Modifications to the Notice.

 

The Controller may make changes to this Notice, provided that the applicable legal provisions are respected. When changes are made to the Notice, the Controller will make available to the Data Subject the information on the changes, as well as the new Privacy Notice, through the following means and procedures:

 

  1. By email to the account that the User has registered;

 

  1. Publishing it in the Digital Media.

 

The Controller reserves the right to change and update this Notice. The Owner shall be responsible for keeping his/her email account updated and ensuring that notifications are received in an inbox that is constantly checked. If no objection is received from the Owner within a period of seventy-two (72) hours, it will be understood that he/she accepts the changes that may occur in this Notice. We suggest that you check the date of the last modification of this document.

 

XIV. Contact Section.

If you wish to obtain more information, resolve a query, exercise your rights including your Arco Rights (Access, Rectification, Cancellation or Opposition) and/or clarify any question regarding the exercise of any right over your Personal Data, you may contact or go directly to the MaxiMarket address indicated.

 

Below we provide you with the contact details:

  1. Address: Plaza Zamna Local 10, Colonia Ejidal, Postal Code 77712, Playa del Carmen, Quintana Roo.
  2. Email: yanina@maximarket.mx
  3. Phone: (52) 984 1060353

Last modified date: October 21, 2024.

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