This document constitutes the Privacy Notice for the purposes established in the Federal Law on the Protection of Personal Data Held by Private Parties and the provisions that derive from or relate to it. This Privacy Notice applies to the processing of the personal data of the Data Subject carried out by BLIUPER STUDIOS, S.A.P.I. de C.V. (hereinafter referred to as "BLIUPER").
I. IDENTITY AND ADDRESS OF THE DATA CONTROLLER
BLIUPER is located at Dios Mar 16, Sección Parques, Cuautitlán Izcalli, State of Mexico, Mexico. Postal Code 54720. This address will also serve to receive notifications. BLIUPER values the privacy of the Data Subject and is committed to protecting the Personal Data (the “Personal Data”) collected from Data Subjects, suppliers, and employees (collectively referred to as the “Data Subject”). In this regard, BLIUPER informs you of this Privacy Notice (the “Privacy Notice”).
II. DEFINITIONS: For the purposes of this Notice and in accordance with the Federal Law on the Protection of Personal Data Held by Private Parties, the following definitions apply:
a) Privacy Notice: The electronic document generated by the controller made available to the Data Subject prior to the processing of their personal data.
b) Express Consent: It shall be understood that the Data Subject has consented to the processing of the data when their will is expressed verbally, in writing, by electronic means, optical means, or any other technology, or by unequivocal signs.
c) Implied Consent: It shall be understood that the Data Subject has consented to the processing of the data when, having been provided with the Privacy Notice, they do not express their opposition.
d) Personal Data: Any information concerning an identified or identifiable natural person.
e) ARCO Rights: Refers to the rights of Access, Rectification, Cancellation, and Opposition that, in accordance with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties and subject to the exceptions established therein and in this Privacy Notice, each Data Subject has regarding the Personal Data collected by the Controller and/or their Processors, which are described below:
e.1) Right of Access: The right of the Data Subject to know about the Personal Data related to them that is held by the Controller or their Processors, as well as to whom it has been shared and for what purpose.
e.2) Right to Rectification: Each Data Subject has the right to have their Personal Data rectified when it is inaccurate or incomplete.
e.3) Right of Cancellation: Each Data Subject has the right to request at any time that their Personal Data be deleted, which will occur once the blocking period has elapsed. Blocking implies the identification and preservation of the Personal Data after the purpose for which it was collected has been fulfilled, and aims to determine possible responsibilities regarding its processing, until the legal or contractual statute of limitations expires. During this period, their Personal Data will not be processed, and after this period, cancellation will proceed in the corresponding database or file. Once the corresponding data is canceled, the Controller will notify the Data Subject accordingly. If the Personal Data has been transmitted prior to the date of rectification or cancellation and is still being processed by third parties, the Controller will inform the relevant third party of the request for rectification or cancellation so that they may also proceed with it.
e.4) Right of Opposition: The Data Subject has the right at all times to request, provided they have a legitimate cause, that the Controller cease processing their Personal Data.
g) Processor: Refers to the natural or legal person that alone or jointly with others processes Personal Data on behalf of the controller.
h) Digital Platform: Refers to bliuperstudios.com and its responsive version.
i) Transfer: Refers to the communication of personal data made exclusively between the Controller and the Processor, within or outside the territory of Mexico. In accordance with Articles 47 and 53 of the Regulations of the Federal Law on the Protection of Personal Data Held by Private Parties, BLIUPER may send dissociated data to its Processors to carry out the activities described in item f of section 3.2 of this Privacy Notice.
j) Controller: Refers to the natural or legal person that decides on the processing of the Data Subject’s Personal Data; in certain cases, this will be BLIUPER.
k) Data Subject: Refers to the natural person who owns the Personal Data or is authorized to provide Personal Data of a third party in accordance with applicable laws, who provides such Personal Data to the Controller.
l) Transfer: Any communication of data made to a person other than the controller or processor of the processing.
III. CONSENT OF THE DATA SUBJECT.
For the purposes of Article 17 of the Federal Law on the Protection of Personal Data Held by Private Parties and Article 19 of the Civil Liability Law for the Protection of the Right to Privacy, Honor, and Personal Image in the Federal District, the Data Subject states that: (i) this Privacy Notice has been made known to them by BLIUPER, (ii) they have read, understood, and agreed to the terms outlined in this Privacy Notice, thus granting their consent regarding the processing of their Personal Data.
If the Data Subject does not oppose the terms of this Privacy Notice within 48 hours of it being made available to them, its content will be considered agreed and consented to, in accordance with the third paragraph of Article 8 of the Federal Law on the Protection of Personal Data Held by Private Parties. The Data Subject may revoke their consent at any time without retroactive effects, in accordance with the terms and procedures established later in this Privacy Notice.
IV. PURPOSE OF THE PRIVACY NOTICE; INFORMATION COLLECTED; PURPOSE OF PERSONAL DATA.
This Privacy Notice aims to establish the terms and conditions under which BLIUPER (i) will receive and protect the Data Subject's Personal Data to safeguard their privacy and their right to informational self-determination, in compliance with the Federal Law on the Protection of Personal Data Held by Private Parties; (ii) will use the Data Subject's Personal Data, and (iii) may carry out transfers of Personal Data to third parties.
BLIUPER will collect and process the Data Subject's Personal Data, that is, any information that can reasonably identify them, through the receipt of documents in printed and/or digital format.
IV.1. DATA COLLECTED. By way of example, but not limited to the following:
In the case that the data subject is an individual:
a. Identification: (I) first name(s), paternal surname, and maternal surname.
b. Contact: (I) email address.
In the case that the data subject is a legal entity:
a. Identification: (I) trade name.
b. Contact: (I) landline or mobile phone number and (II) email address.
Identification data of individuals who have legal authority to sign documents. In these cases, the data subject declares under oath that they have the express consent of the data subject(s).
The data subject states that the information provided is true, complete, and accurate. The collection of personal data may be carried out through the use of emails and/or through the use of the digital platform or applications used on smartphones, by voluntarily providing information through the dialog windows enabled on the sites, or by using automatic data capture tools. These tools allow the collection of information that your browser sends to the digital platform, such as the type of browser you use, user language, access times, and the web addresses used to access the sites of the data controller or processor. Among the documentation that may be collected by the data controller and/or processor for the verification of the identity of the data subject, those mentioned in section IV.1 “Data Collected” are included. The data controller and/or processor may also collect personal data from publicly accessible sources and other market sources to which the data subject may have consented to share their personal information.
IV.2. PURPOSE OF PERSONAL DATA.
Personal data is collected and processed for the purpose of allowing BLIUPER to carry out the following activities:
a) For account registration on the Platform and for registration in the products and/or services that “BLIUPER” makes available to the data subject.
b) To enable the data subject to manage quotes and contracts with service providers efficiently.
c) To update, where applicable, the personal data of the data subject.
d) To provide, understand, manage, improve, and develop the digital platform and to create and maintain a trustworthy environment with better security conditions.
e) Statistical studies, after dissociating the data subject's personal data.
Additionally, the personal data of the data subject may be used for the following secondary purposes:
● Reports on the activities, services, and programs of BLIUPER.
● Reports on various topics of interest.
● To contact them via email, phone, or through the Digital Platform to share news of interest regarding BLIUPER and the service providers on the Digital Platform (promotions, services, courses, events, etc.).
● To evaluate the quality of service.
If the data subject does not wish for their personal data to be used for secondary purposes, they must indicate so below:
● Reports on the activities, services, and programs of BLIUPER.
● Reports on various topics of interest.
● To contact them via email, phone, or through the Digital Platform to share news of interest regarding BLIUPER and the service providers on the Digital Platform (promotions, services, courses, events, etc.).
● To evaluate the quality of service.
The refusal to allow the use of personal data for the aforementioned purposes will not be a reason to deny the data subject the provision of services and activities they have contracted with BLIUPER. In accordance with Article 14, second paragraph of the Personal Data Protection Law in Possession of Private Parties and Article 25, second paragraph of the Guidelines for the Privacy Notice, if this Privacy Notice is not made known to the data subject directly or personally, they have 5 working days to express their refusal for the processing of their personal data, if applicable. BLIUPER may share the data subject's personal data with service providers for database management and administration; automated processing of personal data and its storage; authentication and validation of emails; auditing services and other services of a nature similar to those described.
V. USE OF COOKIES.
The proper functioning of BLIUPER's digital platform requires the enabling of "cookies" in your internet browser. Cookies are small data files transferred by the digital platform to your computer's hard drive when you browse the platform. Cookies can be session or persistent. Session cookies do not remain on your computer after you log out of your browser, while persistent cookies stay on computers until they are deleted or expire. Most browsers automatically accept cookies by default, but you can adjust your browser preferences to accept or reject cookies. Disabling cookies may disable various features of BLIUPER's digital platform or cause it not to display correctly. If you prefer to remove information from the cookies sent by BLIUPER, you can delete the file(s) at the end of each browsing session. Relevant information can be consulted on the websites of major internet browsers.
Use of Web Beacons (also known as internet tags, pixel tags, and clear GIFs). BLIUPER may use web beacons on its digital platform and in its HTML-formatted emails, either alone or in combination with cookies, to collect information about the use of the digital platform and your interaction with the email. A web beacon is an electronic image, called a single pixel (1x1) or GIF, that can recognize information processed on your computer, such as cookies, the time and date the site and its sections are viewed.
Links in BLIUPER Emails. Emails that include links allow BLIUPER to know if you activated the link and visited the destination webpage, and this information may be included in your profile.
VI. DATA TRANSFER.
We inform you that your personal data may be shared within the country with (i) affiliated companies, parent companies, and/or suppliers, for the purpose of providing better services and ensuring the proper functioning of its digital ecosystem, including the digital platform and service providers.
The Holder acknowledges and accepts that authorization or confirmation from the Holder is not required to carry out national or international transfers of Personal Data in the cases provided for in Article 37 of the Federal Law on Protection of Personal Data Held by Private Parties or in any other exceptional case provided for by the same or other applicable legislation.
VII. PROTECTION AND SECURITY OF PERSONAL DATA.
The Responsible Party and/or their Managers will retain the Holder's Personal Data for as long as necessary to process their information and/or service requests, as well as to maintain accounting, financial, and auditing records in accordance with the Federal Law on Protection of Personal Data Held by Private Parties, the Civil Liability Law for the Protection of the Right to Privacy, Honor, and Personal Image in the Federal District, and applicable commercial, fiscal, and administrative legislation. The Personal Data of the Holder collected by the Responsible Party and/or their Managers will be protected by appropriate administrative, technical, and physical security measures against damage, loss, alteration, destruction, or unauthorized use, access, or processing, in accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties and the administrative regulations derived from it.
VIII. OPTIONS AND MEANS TO LIMIT THE USE AND DISCLOSURE OF PERSONAL DATA.
In order for the Data Subject to limit the use and disclosure of their personal information, they can register free of charge with the Public Registry to Avoid Advertising, managed by the Federal Consumer Protection Agency, so that their personal data is not used to receive advertising or promotions from companies offering goods or services. For more information about this registry, you can visit the PROFECO website or contact them directly; alternatively, you can at any time send an email to contact@bliuperstudios.com, requesting to cease being contacted for marketing or advertising purposes.
IX. PROCEDURE FOR EXERCISING ARCO RIGHTS.
To exercise ARCO Rights, the Holder or their representative must submit a written request for access, rectification, cancellation, or opposition, including the following information and documentation: a) Name of the Holder and address or other means to communicate the response to their request; b) Documents that prove their identity (a simple copy in printed or electronic format of their voter ID, passport, or temporary or permanent resident card) or, if applicable, legal representation of the Holder (a simple copy in printed or electronic format of the simple power of attorney signed by the Holder, the representative, and their corresponding official identifications – (voter ID, passport, temporary or permanent resident card); c) A clear and precise description of the Personal Data for which they seek to exercise any of the ARCO Rights; and d) Any other element or document that facilitates the location of the Holder’s Personal Data.
In the case of requests for the rectification of Personal Data, the respective Holder must also indicate the modifications to be made and provide documentation supporting their request.
For the reception, registration, and attention to requests to exercise their rights of access, rectification, cancellation, and opposition to their Personal Data, as well as to limit the use or disclosure of their data, and the other rights provided in the Federal Law on Protection of Personal Data Held by Private Parties, contact BLIUPER via email:
contact@bliuperstudios.com. The person in charge will respond to the respective Holder within a maximum of twenty business days from the date the request for access, rectification, cancellation, or opposition is received, informing them of the determination made, so that, if applicable, it is executed within fifteen days following the date the response is communicated to the Holder. In cases of requests for access to Personal Data, the person in charge will proceed with its delivery upon verification of the identity of the requester or their legal representative, as applicable. The aforementioned time frames may only be extended in accordance with the Federal Law on Protection of Personal Data Held by Private Parties.
The delivery of Personal Data will be free of charge; the Holder will only need to cover justified shipping costs or the cost of reproduction in copies or other formats. For cancellation requests of Personal Data, in addition to the provisions of this Privacy Notice, the provisions of Article 26 of the Federal Law on Protection of Personal Data Held by Private Parties will apply, including cases of exception for the cancellation of Personal Data as specified by law.
Controversies: In the event of a controversy arising from this Privacy Notice, the parties will first attempt to resolve it through good faith negotiations via mediation or conciliation. If, after a maximum of 30 (thirty) business days of negotiation, the parties do not reach an agreement, the provisions of the Federal Law on Protection of Personal Data Held by Private Parties will apply, with the parties accepting the intervention that the National Institute for Transparency, Access to Information, and Protection of Personal Data may have (formerly the Federal Institute for Access to Information and Protection of Personal Data). By accepting this Privacy Notice, you waive any other jurisdiction and legislation that may correspond to you. This Privacy Notice is governed by Mexican laws, and any controversy will be resolved before the competent Mexican authorities.
X. CHANGES TO THE PRIVACY NOTICE.
BLIUPER reserves the right to periodically update this Notice to reflect changes in our information practices. It is the Holder's responsibility to periodically review the content of the Privacy Notice on the website bliuperstudios.com and in the responsive version. The Responsible party will understand that if no contrary statement is made, it means that the Holder has read, understood, and agreed to the terms set forth, which constitutes their consent to the changes established in such updates regarding the processing of their Personal Data for the purposes of the Federal Law on Protection of Personal Data Held by Private Parties and other applicable legislation.
The Holder, user, and/or beneficiary acknowledge that they have read this Privacy Notice and accept all its terms and conditions. By accessing the “BLIUPER” website and submitting their information, they agree to be bound by this Privacy Notice. If the Holder does not agree to comply with the terms of this Notice, they are not authorized to access or use the “BLIUPER” website and the services provided through it.
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