This Privacy Notice (hereafter the “Notice”) portrays the manner in which Diálogo Intercultural de México Activo, A.C. (hereafter “DIME”), which designated address to receive notices is the one located in Francisco I. Madero #802, Barrio de la Estación, PC. 20259, Aguascalientes and whose email address is [email protected], in its character as “Data controller” will process the Personal Data and Banking Data of the donors and the Possible Donors, as such terms have the following meanings.
For purposes of this Notice, these terms have the following meanings:
1. Law: Federal Law on Protection of Personal Data Held by Private Parties.
2. Regulations: The Regulations to the Federal Law on Protection of Personal Data Held by Private Parties.
4. Bank Details: Any information on any Donor or Potential Donor relating to any account under his or her name in any Credit Institution, Financial Technology Institution, Popular Finance Institution (SOFOM), or any other financial institution in which the Donor or Potential Donor has stored money, foreign currency, or any liquid assets.
5. Donor: Any individual who makes a Donation to Habesha Project.
6. Donation: As established in Article 2202 of the Civil Code of Aguascalientes.
7. Potential Donors: Any person who communicates any Personal Data or Bank Details with DIME for the purpose and with the intention of making a Donation to DIME.
DIME shall collect Personal Data and Bank Details from Donors and/or Potential Donors by any means of communication, digital or otherwise. This includes, without limits, any electronic or non-electronic program, automatized or not, intended to receive Donors’ Donations. The Personal Data and Bank Details that Habesha Project shall include but not be restricted to the name, date of birth, nationality, home address and proof of address, photo identification, email address, telephone number, account number, credit or debit card number, name and address of financial institution at which the account is held, BIC or Swift code, and any other information on the Donor or Potential Donor of which Habesha Project deems the collection necessary in order to receive Donations.
The main purposes for which DIME collects the Personal Data and Bank Details of Donors and Potential Donors are as follows:
1. To verify the Donor’s identity.
2. To receive Donations.
3. To process payments.
4. To comply with regulations related to the Prevention of Operations with Funds of Illegal Provenance to which DIME is subject.
5. To comply with other regulations to which DIME is subject according to Mexican and foreign fiscal law, as well as any international treaties of which Mexico is a signatory.
6. To comply with local and federal law.
7. To carry DIME’s work.
Other, additional purposes for which Habesha Project collects the Personal Data and Bank Details of Donors and Potential Donors are as follows:
1. To send, electronically or otherwise, information about possible events, meetings or talks related to Habesha Project’s activities.
2. To send letters of thanks for Donations received.
3. To send, electronically or otherwise, updates on Habesha Project’s activities, such as how Donations have been spent.
Methods of limiting the use of Personal Data and Bank Details
Should any Donor or Potential Donor not wish for his or her Personal Details to be used for the additional purposes, he or she may at any time submit a written request which includes his or her full name, address and proof of address, email address and photo identification, and in which he or she indicates the specific additional purposes for which he or she does not wish for his or her Personal Data and Bank Details to be used.
The said request should be sent via email or mail to the address provided by DIME.
DIME shall respect the said request and shall not use the Donor or Potential Donor’s Personal Information or Bank Details for the purposes given in the written request.
Methods of exercising rights of access, correction, cancellation or opposition
According to the content of article 28 of the Law, the Data Owner or his legal representative may request to the Data Controller, at any time, the Access, Rectification, Cancellation or Objection (hereafter the “ARCO rights”), of the Personal Data and Banking Data communicated to DIME..
Considering that such rights are considered, under the context of this Notice, as follows:
Access: Knowing what Personal Data does DIME have, what is it used for and the conditions that are given to its processing.
Rectification: To make corrections of the Personal Data and Banking Data and of any other information that is incorrect, outdated or inaccurate.
Cancellation: Request that the information stored in the data basis or records of the Habesha Project is deleted when it is considered that it is not being used in accordance with the purposes, principles, duties and obligations established in the applicable laws and in this Notice.
Objection: To oppose the use of the Personal Data and/or Banking Data for specific purposes.
To exercise the ARCO rights the Data Owner must send a request to the designated email established by DIME, or by courier service with confirmation of receipt to the designated address to receive notices of DIME, which must fulfill with the requirements established in article 29 of the Law.
It is important that the Data Owner takes into account that in case he requests the rectification of his Personal Data and Banking Data, he must indicate the changes to be performed and provide the documents that support his request.
DIME will notify within the next 20 days following the receipt of the request hereafter mentioned, if the request is admissible or inadmissible. If it is admissible it will become effective following 15 days after it is notified that it is admissible.
In all matters concerning the exercise of the ARCO rights that are not contemplated in this Notice, it will apply what is established in articles 28 to 35 of the Law, just as any other article that results applicable from the Law or the Regulations. If there is any contradiction between this Notice and the Law and/or the Regulations, the Law and Regulations will apply.
Data Protection and Transfer
DIME has in place technical, physical and informatic measurements and adequate and efficient methodologies to ensure the protection and confidentiality of the Personal Data and Banking Data of the donors and the Possible Donors.
In accordance with articles 36 and 37 of the Law and 17,68 and 74 of the Regulations, the Data Owner gives his consent and accepts that Personal Data and/or Banking Data may be transferred to people within or outside the United Mexican States. This, with the purpose to ensure and comply with the legally binding relationship between the Habesha Project and the Data Owner. Likewise, the Habesha Project may transfer the Personal Data and/or Banking Data without the Data Owners’ consent, in any of the cases established in article 37 of the Law.
The recipients to whom the Habesha Project sends any information must maintain the confidentiality of said information, in the same manner and under the same standards in which the Habesha Project maintains it. Likewise, said recipient must comply with the legislation and regulation that applies to personal data protection, in whatever country he is located.
Procedure and measure to notify any changes to this Notice
This Notice may be modified by the Habesha Project at any time.
Said modification will be notified by posting a notice in the official internet page of the Habesha Project. Said notice will not have to say anything else besides the fact that this Notice has been modified and the date of its modification.
Reimbursement and cancellation policy
Any donor may cancel at any time his subscription to the periodic donation platform established by the Habesha Project. Following, he may cancel a Donation that has not been reported yet as paid, by the correspondent financial institution, in the accounts of the Habesha Project. If said Donation is reported as paid in the account of the Habesha Project, it will apply what is established in the reimbursement policy of this Notice.
The donor may cancel the Donation, whether by the procedures established in said platform or by sending a written request to the designated email established by the Habesha Project, or by courier service with confirmation of receipt to the designated address to receive notices of the Habesha Project. This doesn’t mean that this Notice ceases to have legal effect over the Personal Data and/or Banking Data communicated by the Data Owner to the Habesha Project.
In case any Data Owner request the cancellation of his Donation, he must provide his name, address and proof if address, photography ID, assets and amount that comprise the Donation that he wishes to cancel, Banking Data and any other information that in the opinion of the Habesha Project is necessary to perform the cancelation. The processing of the data communicated in order to perform the cancellation will have to follow the rules of this Notice. Likewise, the donor may request the reimbursement of his Donation to the Habesha Project and the DIME may reimburse such Donation, as long as the request for the reimburse of the Donation is done within the 5 days following the payment of said Donation in the accounts of DIME.
Hard assets, such as real estate, acquired by the Habesha Project through a Donation, do not comprise said Donation and the donor does not have any right over such assets.
The request for the reimbursement of the Donation must have the same data as the request of cancellation and must be communicated to the Habesha Project in the same manner.
All reimbursed payments may delay up to 20 working days following the reception of the request for reimbursement, however, such term may be extended by events of force majeure, as it may be, without limiting, failures in the payment systems administered by the Mexican Central Bank, failure in the systems of financial institutions, failures in the systems of the Habesha Project, natural disasters, non-predictable human mistakes and/or any other circumstance or action, of nature or men, beyond the control of the Habesha Project.
Any Data Owner has the right to be answered of any question he may have regarding his Donation and the process for canceling and reimbursing a Donation, by sending an email to the designated email established by DIME, or by courier service with confirmation of receipt to the designated address to receive notices, of DIME.